Landmark changes to social care as Children’s Wellbeing and Schools Act 2026 becomes law

The wide-ranging Government Bill introduces provisions spanning child protection, support for children in care and care leavers, regulation of care services, school standards, attendance, and online safety. It also addresses practical issues affecting pupils’ daily lives, including free breakfast club provision, school uniform affordability, allergy safety, and the regulation of independent educational institutions.

The legislation has been described as a significant moment, enacting many of the reforms proposed in 2022’s Independent Review of Children’s Social Care, at the time led by Josh MacAlister (pictured), who has now championed the Act as Children’s Minister.

Stakeholders highlighted the Act’s ambition in bringing together reforms across safeguarding, schools, children’s social care and digital protection; though sector voices say that implementation will be the true test of its impact.

“While many of the intentions in the legislation are right and noble, what will matter is the ambition with which they are delivered,” Children’s Commissioner Rachel De Souza said, warning that longstanding systemic issues require sustained reform beyond legislative change.

A central pillar of the Act is the introduction of statutory multi-agency child protection teams, designed to improve coordination between services. The legislation also provides for a single unique identifier for children to support better information sharing.

The Act introduces several notable changes affecting children in care, including:
- New secure accommodation framework for children deprived of liberty, aimed at replacing unsuitable or unregulated placements
- Strengthened duties on sibling contact, requiring local authorities to promote meaningful relationships between brothers and sisters
- Statutory footing for “Staying Close”, supporting care leavers to maintain relationships and stability as they transition into adulthood

While broadly welcomed, concerns remain about capacity and delivery. The Commissioner pointed to delays in developing appropriate secure accommodation and warned that too many children continue to experience unsuitable placements.

In education, the Act introduces a compulsory register of children not in school, aimed at strengthening safeguarding oversight.

The Act also contains new regulation of unregistered educational settings, as well as a requirement for free breakfast clubs in all primary schools.

The Act also ventures into the digital sphere – a cause of much of the delays in the Bill’s accession. Previously, the House of Lords had proposed a complete social media ban for under-16s, but MPs have overturned that, saying that the Government needs time to complete its consultation.

The Act currently makes provisions to restrict children’s access to harmful online services and strengthen rules around children’s data.