This article is part of our series of briefings on The Children’s Wellbeing and Schools Act.

The Act marks a departure from longstanding government policy, deeply rooted in the evolution of the academy programme, which has shaped England's educational framework for over 15 years.

New schools do not have to be academies

The government's primary concern is to ensure that schools can be opened in the right place at the right time. It considers that local authorities' (LAs) ability to open new schools should be better aligned with their responsibility to secure sufficient school places within their area (the sufficiency duty). This means it can no longer be assumed that every new school must automatically be an academy - the so-called "academy presumption".

The government's Policy Summary Notes published in January 2026, before the Act was passed, indicated that broadening the invitation process for new schools "will allow a range of different proposers to advance different solutions for meeting the needs that a local authority has identified".

From 1 September 2026, the Act removes the requirement for LAs to seek proposals only for an academy to meet the need for a new school. It also gives LAs greater freedom to propose new schools themselves. Previously, local authorities could only do so as a last resort and in very limited circumstances.

In practice, LAs can now seek proposals and/or make a proposal themselves for one of the following types of school to be established in their area:

• A foundation school (which has a trust).
• A voluntary school (that has a religious identity).
• A foundation special school (that provides education for pupils with SEND).
•  An academy.
• An alternative provision academy providing education to pupils of compulsory school age.

Definitions of academy and non-academy proposals have been abolished

The Act enables academy and non-academy proposals to be considered on a more equal footing by abolishing the statutory distinctions between the two types of proposal. It might appear, therefore, that all proposals will be considered and determined under largely the same process.

However, if an LA decides not to pursue its own proposal but considers that a new academy should be opened, it cannot approve the proposal unless the Secretary of State has been consulted and has indicated a willingness to enter into negotiations for a funding agreement.

Shift in decision-maker

The Act also streamlines the decision-making process, shifting adjudication of LA proposals directly to the Secretary of State for Education (in practice, the relevant Regional Director on behalf of the Secretary of State). Where proposals made by others haven't been determined by an LA within a prescribed timescale, they must be referred to the adjudicator for determination.

Has the status quo really changed?

The move away from the academy presumption for new schools suggests a desire to increase LA influence over all state-funded schools. This may seem at odds, though, with Chapter 6 of the white paper Every child achieving and thriving (updated April 2026), which indicates that the government - in seeking a school system rooted in partnerships - wants collaboration to be at the heart of the system.

The government considers that this collaboration can be achieved by moving to all schools being part of school trusts, including new trusts established by local authorities. Parliamentary debate on the white paper in February 2026 saw the Secretary of State for Education, Bridget Phillipson, state that strong school trusts "are vital in sharing what works and driving improvement" - which will have influenced the desire to empower local authorities to establish trusts too.

In certain phases and types of education - mainstream secondary, for example - it seems unlikely that the Act would tip the balance away from academies and radically reshape the current landscape. In more specialist settings, such as special schools and alternative provision, the impact may be more pronounced.

If LAs seek to form new trusts themselves, it remains to be seen how they'll adapt to this increased flexibility to shape and meet local provision and need - particularly given the financial and administrative independence of academies.

Find out more about The Children’s Wellbeing and Schools Act