Be connected: Schools and academy trusts, May 2026
Welcome to Be connected for schools and academy trusts, with the latest legal updates, sector insights and expert guidance from our education lawyers and HR consultants.
- New policy and sector developments.
- Legal and regulatory updates.
- Support and guidance.
- Events.
- In the media.
For further information, or to discuss how these developments may affect your school or trust, please contact our education team.
New policy and sector developments
School leaders' views on the white paper and more
We've published our latest survey findings, reflecting the views of leaders representing more than 1,000 schools. While satisfaction with government policy has improved, financial instability remains the defining challenge, particularly in maintained schools.
We also explore views on the schools white paper, including concerns about SEND reform, the vision for every school to join a trust and the sharp rise in AI-generated complaints.
The schools white paper explained and explored in full
When the government published its schools white paper, Every Child Achieving and Thriving, we provided analysis across the key reform areas, from SEND and curriculum change to parental complaints, behaviour and AI in the classroom.
Our immediate reaction, full explainer and deep dives are available here:
- SEND reforms consultation.
- Managing pupil behaviour: Inclusive practices.
- Maternity pay reforms.
- Tackling parental complaints: Digital solutions.
- AI in the classroom.
Government moves to cap independent special school fees
The government has announced plans to introduce national price bands and strengthened standards for independent special schools as part of its wider SEND reforms, pledging to tackle "spiralling fees" and redirect funds from the private to public sector.
The Department for Education (DfE) claimed independent special schools charge an average of £63,000 per child annually, compared to £26,000 at a state special school.
Philip Wood examines whether the proposed fee cap goes far enough and what it means for specialist provision.
Read the press releaseGovernment announces £1bn education estates strategy
The government has announced a 10-year plan to overhaul school and college facilities, backed by an additional £1bn through the Education Estates Strategy.
We explore what the strategy means in practice for schools and trusts, and whether the funding will be enough to make a meaningful difference.
Browne Jacobson and CBI partnership on infrastructure funding
We’ve partnered with the CBI to develop research advising Whitehall policymakers on next-generation public-private partnership models, including for the delivery of new schools.
Later this month we’ll be publishing a joint report setting out credible frameworks for leveraging private sector investment alongside public funding.
Safeguarding risk: Why the DfE should rethink its approach to staff social media checks
We've called on the DfE to reconsider a proposed amendment to the KCSiE statutory safeguarding framework that would water down how schools conduct online searches when recruiting staff.
Directing schools to use a search engine is wholly inadequate to identify genuine safeguarding risks.
TUPE reform: What employers need to know
In its ‘Plan to Make Work Pay’, the government committed to strengthening rights and protections for workers under the Transfer of Undertakings (Protection of Employment) Regulations 2006 ('TUPE').
The government has now launched a call for evidence, inviting employers and employees to share their experience of current TUPE processes Schools frequently have to navigate TUPE, from academy transfers to outsourcing cleaning, so any changes to the requirements will have a direct impact.
Legal and regulatory updates
School behaviour policies: Are you meeting your Equality Act duties?
A recent Upper Tribunal ruling in UW v Cheam Academies Network has confirmed that Equality Act duties extend across the full disciplinary process – from behaviour policy and sanctions to permanent exclusion.
Schools must now actively consider reasonable adjustments for disabled pupils at every stage and ensure their SENCO is involved early.
Use of force, seclusion and restraint: New rules and responsibilities for schools
New rules on the use of force, seclusion and restraint in schools came into effect on 1 April 2026.
Schools now have binding legal duties to record significant incidents, report to parents and update their policies.
We look at what's changed, what counts as seclusion and – if you haven't already – what practical steps you should be taking now.
Grooming gang inquiry: What you need to know
The Independent Grooming Gang Inquiry was commenced by the Home Secretary on 13 April 2026. Time-limited to three years and backed by £65m, it will examine systemic and institutional failures across England and Wales, with local area selection criteria published imminently.
Schools and public bodies with safeguarding responsibilities should begin document retention and records audits now.
Are you up to date with the latest employment rights changes?
Schools face significant employment law changes under the Employment Rights Act 2025. Since April, Statutory Sick Pay applies from day one. Unfair dismissal protection will reduce to six months' service from January 2027.
Stronger sexual harassment duties and a new School Support Staff Negotiating Body will reshape workforce management for all schools and MATs.
DfE land transactions guidance 2026: For schools and trusts
The DfE has refreshed its land transactions guidance (last updated in September 2021) with significant clarifications for academy trusts and schools.
Key changes cover disposal consent classifications, the nil value principle for transfers to public bodies, solar and telecommunications leases and a new Form N for school-based nursery disposals.
Your guide to the Renters' Rights Act 2025
If your school or trust provides residential accommodation to staff, such as tied housing for a caretaker, the Renters' Rights Act 2025 affects you as a landlord.
From 1 May 2026, no-fault evictions are abolished and you now need to meet new requirements around possession grounds, rent reviews and landlord registration.
Support and guidance
Managing parental complaints in schools: Insights from a former detective
A six-complainant framework developed from academic research and used by police forces across England and Wales is now being applied to school complaints management.
School governance specialist Iain Grafton MBE, with 30 years in policing and 20 years in school governorships, explains how understanding complainant types can help schools achieve faster, less disruptive resolutions.
Updated tools to help you manage school complaints
We've updated our complaints management support pack with new tools to help you handle AI-generated complaints, manage vexatious correspondence and complaint campaigns, and support investigating officers.
The 2026 edition also includes a dedicated maintained school version, new template letters and expanded FAQs.
New HR Foundation Pathway now available
We've expanded our HR Pathways Academy CPD offering with a new Foundation Pathway. Tailored for those new to education HR, this four-month programme covers essential topics including safeguarding, absence management and the Single Central Record.
Find out more about this new course and our Intermediate and Visionary Pathways to support your team's HR development needs.
Find out more and book your place
Are your school’s policies primed and ready for reform?
Schools face a wave of reform – from KCSiE 2026 to the Employment Rights Act. Our Policies Pack gives you over 40 up-to-date, ready-to-use templates, so you can start the new academic year compliant and confident.
Why 'moving on' isn't the answer
Professor Lucy Easthope unpacks the disaster recovery curve and what it means for school leaders carrying more than they signed up for. From burnout to building preparedness, this EdInfluence podcast episode offers practical insight you can use now.
Listen now – because, as Lucy reminds us, the best time to prepare is always before you need to.
Free webinars sharing practical advice and guidance
Our education lawyers and HR consultants deliver free webinars throughout term time to help you tackle key challenges. Open to all – register using the links below and share with any colleagues who'd benefit:
- The Employment Rights Act 2025: A session for schools and academies (On-demand).
- School policies support showcase (Online, 21 May 2026, 10am-11am).
- KCSIE 2026: Navigating safeguarding changes and staying compliant (Online, 18 June 2026, 10am-11am).
- HR Pathways Academy CPD showcase (Online, 9 July 2026, 10am-11am).
EdCon2026: A round-up of our flagship education conference
EdCon2026 ran live online throughout March, attended by over 1,000 school professionals – making it one of the most widely attended education law events of the year. If you missed it, on-demand access is now available exclusively to clients.
We've also published a series of EdCon2026 articles which are open to all:
- SEND and the white paper.
- Academy mergers that work.
- Governance reviews and executive pay setting.
- Managing school complaints and data requests in the AI era.
- How schools can restructure legally and compassionately.
In the media
- How SEND parents' rights to appeal EHCPs are changing: The i News.
- First academy trust rapped for confidentiality clause: Schools Week.
- We don’t use suspensions too much, say most school staff: Schools Week.
- A practical guide to Family Court orders for schools: Safeguarding Digest.
- Schools white paper: the key SEND policies, winners and losers: The Times.
- How SEND parents' rights to appeal EHCPs are changing: The i News.
- Schools in 'eye of the storm' of SEND complaints: Schools Week.
- Clarity sought as trust growth funding ‘absent’ from white paper: Schools Week.
- Complaints reforms welcomed, but greater powers needed: Schools Week.
- Independent special school fee caps - comment from SEND lawyer: The Educator.
Contact
Nick MacKenzie
Partner
nick.mackenzie@brownejacobson.com
+44 (0)121 237 4564
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