This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 7) Order 2025.
The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 7) Order 2025
Published: Fri 19th Dec 25
This Order, made by the Secretary of State under powers in the Apprenticeships, Skills, Children and Learning Act 2009, specifically brings Section 246 of that Act into force across England starting on April 1st, 2026; this action inserts a new requirement into the Education and Inspections Act 2006, obligating governing bodies of schools in England to establish procedures for recording and reporting significant incidents where staff use force against pupils to the relevant parents, unless doing so would risk harm to the pupil.
Arguments For
Supports increased transparency and accountability regarding the use of physical force by school staff towards pupils in England.
Provides necessary legal framework (via insertion into the Education and Inspections Act 2006) to ensure parents are informed about significant incidents involving their children and school staff use of force.
Establishes standardized procedures for recording these incidents, which supports better data collection for future policy making and incident review.
Implements a specific provision of a pre-existing Act (ASCLA 2009), fulfilling legislative intent regarding pupil safety and parental rights.
Arguments Against
The delayed commencement until April 2026 introduces a significant gap between the legislative order and implementation, potentially leaving reporting gaps in the interim period.
Mandating new recording and reporting procedures places an additional administrative burden on school governing bodies in England.
The exception allowing withholding information from parents if it puts the pupil at risk requires clear definition and consistent application to avoid disputes.
The commencement focuses only on England, leaving potential inconsistencies with policy in devolved administrations regarding staff conduct and pupil interactions.
The Secretary of State makes this Order in exercise of the powers conferred by section 269(4) of the Apprenticeships, Skills, Children and Learning Act 2009 1.
The Secretary of State issues this legal document using powers given under Section 269(4) of the Apprenticeships, Skills, Children and Learning Act 2009.
Citation1.
The formal title of this legislative instrument is the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 7) Order 2025.
Provision coming into force on 1st April 20262.
Section 246 of the Apprenticeships, Skills, Children and Learning Act 2009 (recording and reporting the use of force in schools: England) comes into force on 1st April 2026.
This article specifies that Section 246 of the Apprenticeships, Skills, Children and Learning Act 2009 becomes legally active across England on April 1st, 2026; this section concerns the procedures for recording and reporting when staff use force on pupils within schools.
Olivia Bailey
Parliamentary Under-Secretary of State
Department for Education
The order was formally signed by Olivia Bailey, who holds the position of Parliamentary Under-Secretary of State within the Department for Education, on December 15th, 2025.
Explanatory Note
(This note is not part of the Order)
This Order brings section 246 of the Apprenticeships, Skills, Children and Learning Act 2009 into force on 1st April 2026.
Section 246 inserts a new section 93A into the Education and Inspections Act 2006. The inserted section 93A requires the governing body of each school in England to ensure that their school has a procedure for recording significant incidents of the use of force on pupils by members of staff, and for reporting those incidents to the parents of pupils involved (unless informing a parent would put the pupil at risk).
Although this note is not legally part of the Order, it clarifies that the purpose is to enact Section 246 on April 1st, 2026.
This enactment introduces a new Section 93A into the Education and Inspections Act 2006, which mandates that governing bodies in English schools must create systems to both record and report significant instances where school staff use physical force against pupils, sending this information to the parents unless communication poses a risk to the pupil.
NOTE AS TO EARLIER COMMENCEMENT Order
(This note is not part of the Order)
The following provisions of the Apprenticeships, Skills, Children and Learning Act 2009 have been brought into force by commencement Order made before the date of this Order.
Provision | Date of Commencement | S.I. No. |
|---|---|---|
Section 1 | 6th April 2011 | |
Section 2 | 10th May 2013 | |
Sections 3 to 6 | 6th April 2011 | |
Sections 7 to 10 | 10th May 2013 | |
Section 11, for England only | 6th April 2011 | |
Section 11, for Wales only | 10th May 2013 | |
Section 12, for England only | 1st March 2011 | |
Section 12, for Wales only | 10th May 2013 | |
Sections 13 to 16 | 1st March 2011 | |
Section 17 | 6th April 2011 | |
Sections 18 to 22 | 10th May 2013 | |
Sections 23 to 27 | 30th September 2010 | |
Sections 28 to 31 | 10th May 2013 | |
Sections 32 to 36, for England only | 6th April 2011 | |
Sections 32 to 36, for Wales only | 1st August 2011 | |
Section 37 | 6th April 2011 | |
Section 38 | 1st March 2011 | |
Section 39, for England only | 6th April 2011 | |
Section 39, for Wales only | 10th May 2013 | |
Section 40 (partially) | 6th April 2010 | 2010/303
2 |
Sections 41 to 44 | 1st April 2010 | |
Sections 46 and 47 | 1st April 2010 | |
Sections 48 to 50 (partially), for England only | 1st September 2010 | |
Sections 49 and 50 (partially), for Wales only | 1st April 2011 | |
Sections 51 and 52, for England only | 1st September 2010 | |
Sections 51 and 52, for Wales only | 1st April 2011 | |
Sections 53 and 54 | 1st April 2010 | |
Sections 55 and 56 | 12th January 2010 | |
Section 57 | 1st April 2010 | |
Section 59 (partially) | 12th January 2010 | |
Section 59 (partially) | 1st April 2010 | |
Section 59 (fully) | 1st September 2010 | |
Sections 60 to 80 | 1st April 2010 | |
Sections 81 to 90 | 1st April 2010 | |
Sections 100 to 104 | 1st April 2010 | |
Section 105 | 6th April 2011 | |
Sections 106 to 111 | 1st April 2010 | |
Section 112(1), (2) and (3) | 12th January 2010 | |
Section 112 (fully) | 1st April 2010 | |
Sections 113 to 121 | 1st April 2010 | |
Section 122 | 1st April 2010 | |
Sections 123 and 124 | 1st April 2010 | |
Section 125 (partially) | 12th January 2010 | |
Section 125 (fully) | 1st April 2010 | |
Section 126 | 12th January 2010 | |
Sections 127 to 144 | 1st April 2010 | |
Sections 145 and 146 | 31st May 2013 | |
Section 147 | 1st April 2010 | |
Section 148 (partially) | 1st April 2010 | |
Sections 149 to 154 | 1st April 2010 | |
Sections 156 and 157 | 1st April 2010 | |
Section 158 (partially) | 1st April 2010 | |
Section 159 (partially) | 1st April 2010 | |
Section 160 (partially) | 1st April 2010 | |
Sections 161 to 173 | 1st April 2010 | |
Section 174 (partially) | 1st April 2010 | |
Section 174 (partially) | 1st November 2010 | |
Sections 175 to 177 | 1st April 2010 | |
Section 178(2) | 12th January 2010 | |
Section 178 (fully) | 1st April 2010 | |
Section 179 | 1st April 2010 | |
Section 180 (partially) | 1st April 2010 | |
Sections 181 to 191 | 1st April 2010 | |
Section 192 (partially) | 1st April 2010 | |
Section 192 (partially), for Wales only | 1st November 2010 | |
Section 193 (partially) | 12th January 2010 | |
Section 193 (fully) | 1st April 2010 | |
Section 194(1), (2) and (3) (partially) | 26th February 2010 | |
Section 194 (fully) | 1st April 2010 | |
Section 195 | 12th January 2010 | |
Sections 196 and 197 | 1st April 2010 | |
Section 202(1) and (2) | 12th January 2010 | |
Section 202(3) | 28th February 2011 | |
Sections 203 and 204 | 12th January 2010 | |
Section 205, for Wales only | 12th January 2010 | |
Sections 206 to 224 (partially) | 19th April 2010 | |
Sections 206 to 224 (partially) | 1st September 2010 | |
Section 225 (partially) | 12th January 2010 | |
Section 225 (fully) | 1st April 2010 | |
Section 226 | 12th January 2010 | |
Sections 227 to 241 | 12th January 2010 | |
Sections 242 to 245 | 1st September 2010 | 2010/3033 |
Section 249(3) | 1st September 2010 | 2010/3034 |
Sections 251 to 253 | 12th January 2010 | |
Sections 254 and 255 | 12th January 2010 | |
Section 256 | 1st April 2010 | |
Sections 257 and 258 | 12th January 2010 | |
Section 259 | 1st October 2010 | |
Section 261 | 12th January 2010 | |
Section 266 (partially) | 12th January 2010 | |
Section 266 (partially) | 1st April 2010 | |
Section 266 (partially) | 1st April 2010 | |
Section 266 (partially) | 1st November 2010 | |
Section 266 (partially) | 31st May 2013 | |
Schedule 1 (partially) | 6th April 2010 | 2010/303
5 |
Schedule 2 (partially) | 12th January 2010 | |
Schedule 2 (partially) | 1st April 2010 | |
Schedule 2 (fully) | 1st September 2010 | |
Schedule 3 (partially) | 1st April 2010 | |
Schedules 4 to 6 | 1st April 2010 | |
Schedule 6 (partially), for Wales only | 1st April 2011 | |
Schedule 7 | 1st April 2010 | |
Schedule 8 (partially) | 12th January 2010 | |
Schedule 8 (fully) | 1st April 2010 | |
Schedules 9 to 11 | 1st April 2010 | |
Schedule 12 (partially) | 1st April 2010 | |
Schedule 12 (partially) | 1st November 2010 | |
Schedule 13 | 12th January 2010 | |
Schedule 14, for Wales only | 12th January 2010 | |
Schedule 15 | 12th January 2010 | |
Schedule 16 (partially) | 12th January 2010 | |
Schedule 16 (partially) | 1st April 2010 | |
Schedule 16 (partially) | 1st April 2010 | |
Schedule 16 (partially) | 19th April 2010 | |
Schedule 16 (partially) | 1st September 2010 | |
Schedule 16 (partially) | 1st October 2010 | |
Schedule 16 (partially) | 1st November 2010 | |
Schedule 16 (partially) | 31st May 2013 |
This extensive note, which is not part of the binding Order, details the commencement history of various provisions within the main Apprenticeships, Skills, Children and Learning Act 2009.
It lists specific sections and schedules that have already been brought into force on various dates between January 2010 and May 2013, often specifying whether the provision applies to England or Wales, thereby providing context for the current commencement order.
Latest Legislation
The Motor Fuel Price (Open Data) Regulations 2025
19th Dec 25
The Middlesbrough (Electoral Changes) Order 2025
19th Dec 25
The Sandwell (Electoral Changes) Order 2025
19th Dec 25
The Paternity Leave (Bereavement) Act 2024 (Commencement) Regulations 2025
19th Dec 25
The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 7) Order 2025
19th Dec 25