Department for Education Legislation
50 statutory instruments made by the Department for Education, newest first. Each one is explained section by section in plain English.
The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2026
- Department: Department for Education
- Made under: Education Act 1996
Expanded the categories of individual pupil data that schools in England must record and report, including kinship care status, breakfast club attendance, and the outcomes of school exclusion reviews.
These Regulations amend the Education (Information About Individual Pupils) (England) Regulations 2013 to expand the scope of data that schools in England must provide to the Secretary of State.
The document directs maintained schools, Academy schools, pupil referral units, and non-maintained special schools to collect and report new information regarding pupils in kinship care, eligibility details for free school meals, and daily attendance records for free breakfast clubs.
Furthermore, it mandates the reporting of "managed moves"—where a pupil transfers institutions by agreement to avoid exclusion—and detailed tracking of the exclusion process, including cancellations and reinstatement decisions by governing bodies or review panels.
The Education (Student Support for Postgraduate Provision) (Amendment) Regulations 2026
- Department: Department for Education
- Made under: Teaching and Higher Education Act 1998
Restricted postgraduate student loan eligibility to specific types of franchised providers and established a 300-student limit for unregistered teaching institutions.
This instrument amends the regulatory framework for postgraduate Master’s and Doctoral loans in England to restrict which franchised courses qualify for government student support.
It directs that courses starting on or after 1 September 2028 are only designated for finance if the teaching provider is either registered with the Office for Students (OfS), is a specific exempt public body, or is an unregistered "below-threshold" provider with fewer than 300 students.
The regulations apply to higher education providers in England and the Secretary of State, establishing a system for determining student populations, issuing status notices, and managing appeals.
The Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026
The regulations applied existing behaviour improvement powers under Section 29A of the 2002 Act and related 2010 Regulations to Academies and Pupil Referral Units in England, mandated specific review timings for pre-existing pupil requirements, and corrected references to Educational, Health and Care (EHC) plans in subordinate legislation.
These Regulations, legally enacted in May 2026 and commencing in July 2026, extend the powers outlined in Section 29A of the Education Act 2002, which govern educational provision aimed at improving pupil behaviour, to cover Academy schools and Pupil Referral Units across England, while also making several minor legislative corrections to related educational and health/social care continuity regulations, specifically updating obsolete terminology related to special educational needs.
The Children’s Wellbeing and Schools Act 2026 (Commencement No. 1) (England) Regulations 2026
- Department: Department for Education
- Made under: Children’s Wellbeing and Schools Act 2026
Activated legal provisions allowing schools to access social security data to verify free school meal eligibility starting June 2026.
These regulations bring section 33 of the Children's Wellbeing and Schools Act 2026 into force on 1 June 2026 for England.
This legal change authorizes the Department for Education and other government departments to share social security, asylum support, and tax credit information with schools and local authorities.
The primary purpose of this information sharing is to verify eligibility for free school meals and to calculate financial assistance linked to child welfare and educational provision.
The Skills and Post-16 Education Act 2022 (Commencement No. 1) Regulations 2026
- Department: Department for Education
- Made under: Skills and Post-16 Education Act 2022
The Regulations brought Section 15 of the Skills and Post-16 Education Act 2022 into force immediately, and brought Section 16 into force immediately for regulation-making purposes, setting its general commencement for September 1, 2026.
These 2026 Regulations, made by the Secretary of State, set the commencement dates for specific provisions within the Skills and Post-16 Education Act 2022, primarily bringing Section 15 (support for lifelong learning) into force the day after the Regulations are made, and implementing Section 16 (amendments to the Higher Education and Research Act 2017) immediately for regulation-making purposes, with its general commencement delayed until September 1, 2026.
The Further Education (Initial Teacher Training) Regulations 2026
- Department: Department for Education
- Made under: Skills and Post-16 Education Act 2022
The Regulations mandated the specification of relevant ITT(FE) courses, established registration requirements for providers, imposed obligations to adhere to government guidance, required detailed information submission, and set a schedule for the publication of annual compliance reports.
These Regulations, made under the Skills and Post-16 Education Act 2022, establish a framework for quality assurance over Initial Teacher Training for Further Education (ITT(FE)) courses in England.
The rules mandate that educational institutions offering specified ITT(FE) courses must register with the Secretary of State, adhere to published guidance on course delivery and curriculum content, and provide regular, detailed information regarding their courses, students, and graduates, culminating in an annual public report by the Secretary of State summarizing sector compliance.
The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 7) Order 2025
- Department: Department for Education
- Made under: Children and Learning Act 2009
* The Order brought Section 246 of the Apprenticeships, Skills, Children and Learning Act 2009 into force for England on 1st April 2026, mandating recording and reporting of staff use of force on pupils.
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.
The Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025
- Department: Department for Education
- Made under: Education Act 1996, Education and Skills Act 2008
The Secretary of State enacted these Regulations, defining seclusion and restraint, imposing recording and parental notification duties on local authority maintained schools, extending similar duties to independent and non-maintained special schools via amendments, providing safeguarding exceptions for non-disclosure, and revoking the preceding 2025 regulations.
These Regulations, made under the Education Act 1996 and Education and Skills Act 2008, establish mandatory duties for schools in England regarding the recording and reporting of incidents where a member of staff secludes, restrains, or immobilizes a pupil outside of a disciplinary penalty; specifically, they require maintained schools to record such incidents and provide copies to parents, allowing for records to be withheld if disclosure risks the pupil's significant harm, while also amending standards for independent and non-maintained special schools to introduce equivalent requirements and simultaneously revoking a previous version of these regulations issued in error.