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Children's Wellbeing and Schools Act 2026: What It Changes for Parents, and Which Parts Are Already in Force

The Children's Wellbeing and Schools Act 2026 became law on 29 April 2026, but it is being switched on in stages, so some of its best-known changes already apply in schools in England and others do not yet. Limits on branded uniform, free school meals for every family on Universal Credit and school allergy policies are now in force. The register of children not in school, which most affects home educators, is not. This page sets out what the Act does for parents and the status of each part as of November 2026, checked against legislation.gov.uk.

How the Children's Wellbeing and Schools Act comes into force

An Act of Parliament does not have to take effect all at once. Section 78 of this one says that most of it starts only when the Secretary of State makes commencement regulations, and a handful of sections started automatically two months after Royal Assent, on 29 June 2026. Since then, regulations (including S.I. 2026/803 and S.I. 2026/933) have brought the uniform, free school meal, breakfast club and allergy sections into force. The status notes below come from each section's "commencement information" on legislation.gov.uk, which is the place to check if you read this later.

School uniform: no more than three branded items

Since 1 September 2026, state schools in England, including academies, cannot require a primary pupil to have more than three different branded items of uniform in a school year. For secondary pupils the limit is also three, or four if one of them is a tie. Middle schools use the secondary limit for everyone.

Two details matter. First, "branded" is wider than a logo: an item counts if it has the school name or logo on it, or if its colour, design or fabric means it can only be bought from particular suppliers. A blazer in a colour only one shop sells counts, even without a badge. Second, the limit covers PE kit, bags and items needed for clubs, activities and events the school runs, not just everyday uniform. Our guide to school uniform rules and costs covers the separate statutory guidance on keeping uniform affordable.

Free school meals for every family on Universal Credit

From 17 August 2026, a pupil at a maintained school or pupil referral unit in England qualifies for free school lunches if they or their parent receive Universal Credit, whatever the household's earnings. Before this, families on Universal Credit only qualified if their net earned income was under £7,400 a year. The change is in section 32. Our page on free school meals and Universal Credit in 2026 explains how to apply, which you still need to do, because registering also brings in pupil premium funding for the school.

Free breakfast clubs

Section 30 puts a legal duty on state primary schools in England to make a free breakfast club available to every pupil in reception and above: at least 30 minutes of childcare immediately before the school day starts, with breakfast. It was commenced on 15 July 2026 for specified purposes, and the government is rolling the clubs out in stages, so not every school offers one yet. See free breakfast clubs in England for the rollout.

Allergy safety in schools

Since 1 September 2026, every relevant school in England must have an allergy safety policy for its pupils. If your child has a food or other allergy, ask the school for a copy and check what it says about staff training, emergency medication and how meals and trips are handled.

Mobile phones

Section 36 makes head teachers and academy trusts in England "have regard to" the Department for Education's guidance on pupils having and using mobile phones during school hours and on school premises. That turns what was advisory guidance into something schools must take into account, and where a governing body's instruction conflicts with it, the guidance wins. The rules each school sets still live in its behaviour policy; our page on mobile phones in schools has the detail.

Children not in school and home education

This is the part of the Act that drew most opposition, and it is not yet in force in England. When it is, councils will have to keep a register of children of compulsory school age in their area who are not registered at a school, or who are on a school roll but educated elsewhere for some or all of the time. Parents will have duties to provide information for it, and councils will get stronger school attendance order powers.

Section 37 will also require a parent to get the council's consent before withdrawing a child from school to home educate in two situations: where the council placed the child at a special school, or where the council is carrying out, or in the last five years has carried out, child protection enquiries about the child. Schools will have to tell the council when a parent says they intend to withdraw a child for home education.

Until those sections are commenced, the current law applies. Parents still have a legal duty to make sure their child gets a suitable full-time education, at school or otherwise. Our home education guide covers the rules as they stand.

Other changes worth knowing about

• Academies: once commenced, academies will have to follow the National Curriculum and, in the same way as other schools, offer provision for improving behaviour. The section on behaviour provision came into force on 29 June 2026.
• Admissions: schools and councils must now co-operate on admissions and place planning (section 61, in force since 29 June 2026), and once section 62 is commenced councils will be able to direct academies to admit pupils. See our school admissions guide.
• Online safety: Part 3 gives ministers powers, in force since Royal Assent, to require internet services to restrict children's access, and to change the age at which children can consent to their data being used by online services to anywhere between 13 and 16. No change to the age has been made under these powers yet.
• Children's social care: Part 1 covers family group decision-making, support for care leavers and kinship carers, and new powers over children's homes providers.

More guides for parents on the Schools Insight homepage.