Be connected: Schools and academy trusts, October 2026
Welcome back. The autumn term is arguably the most demanding for any school or trust leader. New statutory duties, updated guidance, fresh inspection criteria and a busy events calendar all converge from September.
This edition brings together everything you need to get your arms around the changes, with links to the detail. We hope it helps.
Policy and regulatory
On the horizon: Key legal and policy changes for schools in 2026/27
A lot has changed this year. New safeguarding guidance, updated attendance rules, inclusion duties, Martyn's Law, and reforms to the Academy Trust Handbook are all live.
Our annual horizon-scanning piece pulls the most significant legal and policy changes together in one place, so you can prioritise with confidence and go into the term clear on what needs your attention and what to keep an eye out for this year.
School attendance: What the new guidance really means
The updated Working Together guidance is now in force but, importantly, it clarifies the law rather than resets it. Schools with inconsistent processes will feel the gap quickly.
More about the updated guidance
Alongside this, your Attendance Benchmark for Improving Education (ABIE) is now a live performance measure. Do you know yours, and what you're expected to do with it?
EHRC consultation: What it means for Equality Act duties
The Equality and Human Rights Commission (EHRC) is revising its Equality Act guidance for schools, and the proposed changes carry real weight.
Schools are being asked to treat underachievement or unexplained behaviour as a possible indicator of disability, to consider reasonable adjustments proactively, and to revisit policies on single-sex facilities and sport.
SEND reform: EOTAS consultation response
Education Otherwise Than at School (EOTAS) numbers have risen 90% in four years, and the children involved are among the most vulnerable in the education system. Our SEND team has submitted its response to the government's consultation, analysing what the proposals get right and where the gaps remain.
Inclusion bases and your inclusion strategy
New guidance on inclusion bases is now in force, and Ofsted's new inspection framework places inclusion front and centre. Schools receiving the Inclusive Mainstream Fund must publish their strategy by 31 December, but with inspections starting now, that deadline offers little comfort.
We’ve published two pieces this term covering what the guidance means in practice and we’re also hosting a webinar later this month to help you build a compliant strategy for your school.
What the inclusion base guidance means
Developing an inclusion strategy webinar
15 October 2026 | 12pm-1pm | Online
Gain clear, actionable steps to meet Ofsted’s inspection criteria for inclusion.
KCSiE 2026: What you need to know
Keeping Children Safe in Education (KCSiE) 2026 is now statutory. Changes span safeguarding definitions, DSL cover arrangements, online search requirements for recruitment, child-on-child abuse, gender-questioning pupils, filtering and monitoring, and the removal of the volunteer supervision exemption.
Our full guide sets out every key change and the steps schools need to take, with individual articles on each area if you want the detail.
The new information sharing duty: A guide for DPOs
A new statutory duty to share information is now in force, and it changes the risk calculation for schools when deciding whether to pass on sensitive data. The instinct to say ‘no’ is no longer a safe default.
This piece sets out the practical steps your Data Protection Officer (DPO) and safeguarding lead need to take, the decisions that now need revisiting, and where the boundaries of the new duty lie.
Martyn's Law: What schools need to do
The Terrorism (Protection of Premises) Act 2025 applies to most secondary schools, academies and sixth form colleges, with compliance duties taking effect in Spring 2027.
The Home Office's final statutory guidance is already published. Standard-tier requirements focus on documented procedures and trained staff. For most schools, this is about formalising what you already have in place. If you haven’t already, start the governance conversation now.
Employment and HR: Autumn 2026 update for schools
A round-up of employment and HR changes with direct implications for schools this term, covering what school leaders and people managers need to know as they head into the autumn.
Whether your focus is contracts, sickness absence, grievance processes or the people agenda more broadly, this update covers the issues your team is most likely to face.
Academy Trust Handbook 2026: Staff exits and executive pay
The 2026 Handbook introduces the most significant changes to staff severance payment rules in years. From 1 October, trusts must meet a new numerical prospects-of-success threshold, follow stricter DfE prior approval requirements and keep full documented records.
On executive pay, the Handbook also brings greater transparency requirements and stronger governance expectations around remuneration committee decisions.
Case law
AI in the courtroom: What it means for your school
AI-powered legal tools have reduced the cost and effort of issuing pre-action correspondence, and schools are feeling it. Letters Before Claim that were once reserved for well-resourced claimants are now reaching headteachers' inboxes with increasing frequency.
This piece looks at what this means for how schools respond, and why a letter that looks serious still needs to be assessed carefully.
EHCP disputes: Two cases every school should read
Two cases already this term relating to EHCP responsibility.
First, the High Court confirmed that judicial review is not a shortcut around the First-tier Tribunal, even where tribunal delays are significant. Schools receiving Letters Before Claim from families trying to bypass the FTT process should take note.
Enfield London Borough Council v Edwards
Second, an Upper Tribunal decision clarified the 'ordinary residence' test that determines which local authority is responsible when a pupil moves area, with direct implications for how schools manage annual reviews and EHC plan maintenance.
LW, R (On the Application Of) v London Borough of Islington
High Court strikes out £2.8m claim against 11 education defendants
In KDY v Langham, the High Court struck out the entire Particulars of Claim and dismissed damages claims exceeding £2.8m against all 11 defendants, including schools, an academy trust and a local authority.
We acted for two groups of defendants. The judgment addresses human rights, misfeasance, secondary victim claims and data protection arguments, and provides clear guidance on where such claims succeed and where they fail.
Support and guidance
The ICO's next two years: What it means for schools and trusts
The ICO has published its draft corporate strategy for 2026 to 2028, with four priorities: children's data, AI transparency, responsible use of public data, and cyber resilience. All four land squarely in schools.
EdTech procurement, AI governance and incident response planning are explicitly in the regulator's sights. Knowing where the ICO is looking is an opportunity to get ahead, not just something to file away.
When the Family Court comes knocking: What every school leader should know
Most school leaders don't expect a court order to land on their desk. But Family Court proceedings arising from safeguarding referrals aren't uncommon, and getting the response wrong can have serious consequences.
This piece sets out the practical steps: handling initial disclosures, making referrals without delay, and complying with court orders correctly and on time. Essential reading before the term gets busy.
Be prepared for the 2026/27 academic year
New statutory duties. Updated guidance. Fresh inspection criteria. In case you missed our full back-to-school guide at the start of term, here it is for your ease of reference. It brings together everything you need to act on, all on one page, with links to the detail across all the key areas.
Practical solutions for managing school complaints
Our latest research found that 90% of school leaders say parents are escalating complaints to formal stages more quickly than two years ago, with 23% reporting they have lost staff as a result. Victoria Hatton sets out the practical frameworks, tools and training that can help your school get on top of this now.
#EdInfluence Series 5: Self-care, curiosity and belonging
Nick MacKenzie and Iain Blatherwick look back on the most recent series of our leadership podcast, reflecting on the themes that ran through eight conversations with inspiring leaders in schools, further, higher education and beyond.
From 'time with no purpose' to the shift from 'they' to 'we', this is well worth a read - and if you have your headphones to hand – a thought-provoking listen for anyone who leads in a sector where the ground keeps moving. Series 6 is in production. Catch up on series 5 before it arrives.
Training and events
Autumn term webinars
Our autumn webinar programme is now live. Sessions cover the issues at the top of school and trust leaders' agendas this term, including inclusion strategy, attendance, safeguarding and more.
If you missed our recent panel discussion with guest speakers from CST and PLMR on managing parental complaints, that’s now available on demand and it’s not to be missed!
Register for your free place on any of our webinars and share with your team so they too can benefit.
Upcoming events
We’ll be out and about this autumn and hope to see you. Come and find us at:
Schools North East Summit
8 October 2026 | Newcastle upon Tyne
CST Annual Conference 2026
15 and 16 October 2026 | Birmingham
CST People and Culture Conference 2026
10 November 2026 | Birmingham
The Education People Show 2026
11 November 2026 | Kent
Training programmes for 2026/27
Our training and CPD programmes for school and trust leaders have been updated for the 2026/27 academic year. Programmes cover safeguarding governance, safer recruitment, SEND, exclusions, HR, data protection and more, all designed and delivered by our lawyers and HR consultants.
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In the media
Our lawyers have been contributing to the national education conversation this term. Recent coverage includes:
- 5 ways schools should be using accessibility plans for students | Tes
- KCSIE changes for 2026: What you need to know | Tes
- Where headteachers' pay is higher than the MAT salary limit | Tes
- Security woes risk Labour's huge data push, ministers told | Schools Week
- Tribunal tests 'one-touch' to ease SEND backlog | Schools Week
- The ICO sets out plans: The education sector should take note | The Educator
- The Academy Trust Handbook 2026 brings Tighter Controls on Staff Exits | The Educator
- Academy Trust Handbook 2026 - What every leader needs to know | The Head Teacher
- New school rules with fines 'per parent, per child' | Yorkshire Live
Contact
Nick MacKenzie
Partner
nick.mackenzie@brownejacobson.com
+44 (0)121 237 4564