Children’s Wellbeing and Schools Act 2026

Prospective

Section 42

Schedule 2 E+W Children not in school: consequential amendments

Children Act 1989 E+W

1 (1) The Children Act 1989 is amended as follows.

(2) In section 36 (education supervision orders), in subsection (5)(a), for “437” substitute “436I”.

(3) In section 91 (effect and duration of care orders etc), in subsection (5), for “437” substitute “436I”.

(4) In Schedule 3 (supervision orders), in paragraph 13(2)(a)(i) and (b)(i), for “437” substitute “436I”.

Commencement Information

I1 Sch. 2 para. 1 not in force at Royal Assent, see s. 78(5)

Education Act 1996 E+W

2 (1) The Education Act 1996 is amended as follows.

(2) Omit sections 437 to 443 (school attendance orders) and the italic headings before sections 437 and 443.

(3) Before section 444 insert—

“Offence of failure to secure regular attendance at school of registered pupil”.

(4) Before section 445 insert—

“Offences: general”.

(5) In sections 445(1), 446 and 447(1) and (2)(a), for “443” substitute “436Q”.

(6) After section 447 insert—

“Interpretation of Chapter E+W

447A Interpretation of Chapter 2

In this Chapter—

• “maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital;

• “school nomination notice” means a notice under section 436L.”

(7) In section 580 (index), in the second column of the entry relating to “school attendance order”, for “section 437(3)” substitute “section 436I”.

Commencement Information

I2 Sch. 2 para. 2 not in force at Royal Assent, see s. 78(5)

School Standards and Framework Act 1998 E+W

3 In section 86 of the School Standards and Framework Act 1998 (parental preferences), in subsection (8)(b), for “438(4) or 440(2)” substitute “436L(4) or 436O(2)”.

Commencement Information

I3 Sch. 2 para. 3 not in force at Royal Assent, see s. 78(5)

Sentencing Act 2020 E+W

4 In section 369 of the Sentencing Act 2020 (parenting order in respect of certain offences under the Education Act 1996)—

(a) in subsection (1)(a), for “443” substitute “436Q”;

(b) in subsections (2), (4) and (5)(a), for “443” substitute “436Q”.

Commencement Information

I4 Sch. 2 para. 4 not in force at Royal Assent, see s. 78(5)