Children's Wellbeing Act 2026: SEND checks

The Department for Education updated the Children's Wellbeing and Schools Act 2026 policy summary on 6 August 2026. It is the clearest public signal about what is coming next for children not in school.

The Act received Royal Assent on 29 April 2026. The policy summary notes say the Children Not in School measures will introduce local authority registers, support duties, changes to School Attendance Orders, and new consent rules for some children withdrawn from school for home education. For schools, this is not routine admin when special educational needs and disabilities (SEND) or safeguarding is in play.

In short, the law has changed, but much of the detail still depends on commencement, regulations and statutory guidance. Schools should keep using the current home education, children missing education and safeguarding guidance now, while preparing for a stronger local authority role and future register checks.

What the Act changes

The policy summary says the Children Not in School measures will introduce compulsory registers in each local authority area in England and Wales, a duty on local authorities to support parents, and a more efficient School Attendance Order process. It also says parents will need local authority consent to home educate when a child is subject to a section 47 child protection enquiry, is on a child protection plan, was on one in the previous five years, or is at a special school placed by the local authority.

That last point is the one schools sometimes miss. The consent gate is not for every child with SEND. It is for specific child protection categories and for a child at a special school arranged through the local authority. A SEND label on its own does not trigger the new rule.

The summary also says local authorities will need to consider the home and other learning environments when a child is registered on the Children Not in School register and when deciding whether the child should be required to attend school. It also sets out pilot mandatory meetings in selected local authorities before a child can be withdrawn for home education.

The policy summary is careful about what is fixed and what is not. It describes the policy direction, but the detailed mechanics still need the rest of the law-making process. Schools should read the Act as enacted law with a future implementation timetable.

What is already in force now

Until the new provisions begin, schools still need to work to the current elective home education guidance. It says parents in England can usually withdraw a child from school to home educate, but the special school exception still applies. If a child is registered at a special school under local authority arrangements, the withdrawal is not automatic.

The children missing education guidance is equally important. If a parent notifies a school in writing that the child will no longer attend from a certain day and will receive education otherwise than at school, the school must delete the name once that day has passed and inform the local authority, unless a School Attendance Order is already in place. If the notification is incomplete, do not guess.

The Keeping children safe in education page adds another timing point. The 2026 edition is published, but it does not come into force until 1 September 2026. Schools and colleges must keep using KCSIE 2025 until 31 August 2026.

The Safeguarding children in elective home education briefing is also worth a read. Home education is not a safeguarding risk in itself, but school can still be a protective factor for children at risk of harm.

What schools should check before removing a pupil from roll

Before a pupil leaves roll for home education, schools should slow the process enough to make the right checks. That matters most where the child has SEND, there is a safeguarding history, or the family is under pressure.

Start with status. Is the child at a special school arranged by the local authority, subject to a section 47 enquiry, on a child protection plan, or within five years of one ending? If yes, this is not an ordinary admission register update.

Next, check the paperwork. Is there a written notification with a clear date? Has anyone checked whether the school is in a pilot area for mandatory meetings? If not, pause.

Then check the evidence. What does the school know about the child’s support, communication needs, attendance patterns and professional involvement? A clear record matters because local authorities will later look at the home and other learning environment.

Do not assume SEND means consent is needed. The Act does not create a blanket consent requirement for every pupil with additional needs. What matters is the child protection category and whether the child is at a special school placed by the local authority.

Where a records workflow helps

This is where a clear SEND records workflow helps. MeritDocs gives staff one searchable hub for current SEND documents, so they can filter by pupil, see review dates and export the right file when the local authority needs an accurate pupil picture. Withdrawal correspondence and safeguarding records should stay in the school's appropriate statutory systems.

The benefit is simple: the right version is in front of the right adult before the pupil leaves roll.

Practical checklist for schools

Use this before you remove a pupil from roll for home education.

Confirm the request is in writing and that the last day of attendance is clear.
Check whether the child is at a special school arranged by the local authority.
Check whether the child falls into a child protection category that may need consent.
Ask the Designated Safeguarding Lead (DSL) to review any safeguarding history before the name is deleted.
If the case is unclear, contact the local authority before acting.
Keep the parent notification, advice given, and local authority response together.
Record what current guidance you relied on at the time.
Do not treat SEND alone as a reason to delay or as a reason to delete without checking.
Keep the current SEND support documents separate from older versions so the handover is accurate.

A short pause at this stage is usually cheaper than a messy correction later.

Schools should also plan the family conversation carefully. Parents who want home education often have mixed reasons, and some will mention stress, unmet need or a poor experience with support. Keep the conversation calm and factual. Explain what the school knows, what it still needs to check, and why the timetable may not be immediate. Do not turn the call into an argument about whether home education is allowed. Frame it as a check on the record, the current guidance and the next lawful step.

If the case sits awkwardly between SEND, attendance and safeguarding, do not solve it by email alone. Ask who has the most current information, whether the family has a written plan for education elsewhere, and whether the local authority needs to be involved before the register changes. That is not bureaucracy for its own sake. It is the point where the school protects the child, the parent and the record.

frequently asked question (FAQ)

Does every pupil with SEND need local authority consent to home educate?

No. The policy summary does not create a blanket rule for all pupils with SEND. The new consent requirement is aimed at specific child protection categories and some pupils at special schools arranged by the local authority.

Can a school remove a pupil from roll as soon as a parent says they want home education?

Not always. Current guidance says the school needs a clear written notification and a date, and it must check whether special school arrangements or safeguarding issues change the position. If the case is unclear, the school should not guess.

What should schools do while the new rules are still waiting to start?

Keep using the current elective home education, children missing education and safeguarding guidance. Make sure staff understand that the Act is enacted, but many details still depend on commencement and statutory guidance.

Do schools need to rewrite everything immediately?

No. Separate what is a current requirement from consultation or future direction, then test the existing record against the practical questions this page sets out. Update the live workflow first, not every historic document at once.

Takeaway

The safest approach is not to rush the roll removal. Check the current guidance, check the child protection status, check whether the child is at a special school arranged by the local authority, and check whether the new law is actually in force for your case. If something does not fit, pause and ask before the name comes off the register.

For teams already using MeritDocs, the practical aim is to keep the current SEND documents easy to find, keep review dates visible and export the right version when the pupil's situation changes. The school still makes the judgement. The system keeps the working SEND record findable.