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

The Children's Wellbeing and Schools Act 2026 marks a significant step forward in the regulation of independent educational institutions (IEIs). It reflects a clear direction of travel towards higher standards, broader reach and stronger enforcement across the independent education sector.

The Act introduces a new legal definition of an IEI, strengthens the powers available to the Secretary of State - including a new power to suspend registration - and makes important changes to the material change application process and the way in which deregistration appeals are determined.

This briefing sets out the key changes, what they mean in practice, and what IEIs should be doing now to prepare.

Expanding the scope of regulation

One of the most far-reaching aspects of the Act is the introduction of a new definition of an IEI. Under the existing framework, the focus has been on whether a setting provides "part-time" education. The Act replaces this with a new question: does the institution provide full-time education?

Going forward, an institution will be an IEI if it provides full-time education to at least five children of compulsory school age - or at least one child who is looked after by a local authority or who has special educational needs. This is not simply a technical re-labelling. The new definition is broader in scope and is likely to bring a wider range of settings within the regulatory framework than was previously the case.

Full-time education

Rather than setting a fixed numerical threshold, section 43 of the Act introduces a case-specific, contextual test. An institution is treated as providing full-time education if a child could reasonably be expected to receive all or the majority of their education there.

That assessment takes into account factors including the number of hours per week for which education is provided, the number of weeks in the academic year, and the time of day at which education takes place. Further regulations are expected, along with government guidance to help clarify how these factors combine to constitute full-time education.

In practice, this approach is likely to capture settings that have not previously regarded themselves as IEIs. Alternative provision providers, faith schools, charities delivering education to school-age children, and organisations offering vocational or skills training should all consider carefully whether they now fall within the scope of the new definition - and whether they're therefore required to register with the Department for Education as an IEI or independent school.

What registration means

Registration as an IEI is not simply an administrative exercise. It carries with it an obligation to comply with the Education (Independent School Standards) Regulations 2014 (the Independent School Standards) and to undergo regular inspection. Any setting that provides all or the majority of a child's education - whatever the curriculum or model - must meet these requirements.

The aim is to ensure quality and safeguarding across all full-time educational settings, aligning them with the standards currently applied to registered independent schools. Proprietors unwilling to register and meet these standards will be required either to adjust to part-time operation or to cease entirely. Continued operation without registration is a criminal offence.

Strengthened IEI standards: the key changes

The regulatory framework for IEIs is being strengthened to ensure high standards of education and safety. There are a number of changes, but the key ones are as follows.

1. Fit and proper proprietors

Previously, checks on prospective proprietors were largely prescribed: identity verification, DBS checks and section 128 prohibition checks. The Act introduces something more significant - a power for the Secretary of State to determine, on a broader and more discretionary basis, whether an individual is "fit and proper" to participate in the management of an IEI.

Crucially, an individual may satisfy all the required formal checks and still be found not to meet this standard. This introduces a flexible and subjective element to the process of approving those responsible for running IEIs, which may be difficult to challenge where the original decision is made "in the opinion of the Secretary of State".

2. Suspension of registration

Until now, the Secretary of State's options when an institution was failing have been relatively limited: impose restrictions, or move to deregistration. The Act introduces an important new power that sits between these two options - the ability to temporarily suspend IEI registration for up to 12 weeks where there is evidence of a risk of harm to students, with scope for extension. A parallel power applies specifically to boarding provision.

The suspension period is designed to give a proprietor a window of opportunity to make the necessary improvements. A suspension may be issued without notice to the IEI in some circumstances.

During a suspension, the institution must cease operating. It is an offence for a proprietor to continue providing education in the meantime. The consequences are real - from a financial, operational and educational perspective - and providers face a genuine risk that pupils, once withdrawn, will not return.

If standards are met before the end of the suspension notice, it can be lifted early.

3. Deregistration appeals

The Act makes a meaningful change to how deregistration appeals are determined. Tribunals must now consider not only whether an institution is compliant at the point of the appeal, but whether it is likely to remain compliant going forward. The burden of establishing future compliance rests with the proprietor.

The practical effect is significant. Institutions with a history of persistent or serious failings will no longer be able to avoid deregistration simply by making last-minute improvements. Tribunals will look beyond short-term remediation and assess whether sustainable, ongoing compliance is genuinely achievable.

4. Unregistered IEIs - prevention orders

Where a person is convicted of an offence of conducting an unregistered independent educational institution, an application may be made for a prevention order. Such an order may be granted by the court where it's satisfied that doing so is necessary to protect children from the risk of harm arising from that person's involvement in conducting an unregistered institution, or more broadly in providing children with education, childcare, instruction or supervision. Prevention orders may be made for a specified period of between six months and three years.

Material changes

Further regulations are expected to clarify the future process for making a material change application to the Secretary of State. For now, the main changes to note are the introduction of new material change categories and the basis on which applications are to be determined.

The three new categories of material change requiring prior approval are:

• A change to the buildings made available for student use (for a period of at least six months).
• A change to whether the institution is a special institution.
• In the case of a special institution, a change to the type or types of special educational needs for which it makes special educational provision.

These changes may be linked to the increasing demand for - and national shortage of - places for special education provision. The intention is to ensure that all full-time education providers fall within the IEI definition, and that expectations and standards are consistent across the board.

These additional material change categories are also likely to assist with the monitoring and inspection of special education provision, and to provide greater clarity and transparency to parents when choosing IEIs for their children.

The basis on which material change applications are determined is also changing. An application may be approved where the standards are being met at the time of the application and are likely to continue to be met going forward. An application must also be approved where the standards are not yet being met but are likely to be met immediately if the change is made - or within a reasonable period - and where, in the interim, the change would be beneficial overall to the education, welfare or safety of students. 

This is a pragmatic approach: by building an element of discretion into the approval process, the legislation sensibly acknowledges that compliance may be achieved at a future point in time, rather than requiring all requirements to be satisfied at the moment of application.

Further powers for the Secretary of State

New powers are also being added to the regulatory framework for IEIs in an attempt to raise standards. 

• Deregistration by agreement. The Secretary of State now has an express power to remove an IEI from the register where the proprietor requests or consents to deregistration in writing - providing a clearer and more structured route for voluntary exit.
• Imposition of relevant restrictions. The Secretary of State may impose restrictions on the proprietor of an IEI - such as a requirement to cease using part of its premises, close part of its operation or cease admitting new students - for example, where there is an unapproved material change. These restrictions are likely to be proportionate and directly relevant to the material change concerned.
• Entry and investigation. Where there is reasonable cause to believe that a relevant offence is being or has been committed - such as operating an unregistered IEI or failing to comply with a restriction - the Chief Inspector may enter premises with or without a warrant to inspect the premises, inspect and copy documents, and gather evidence. These powers are designed to make it significantly harder for non-compliant operators to conceal evidence of wrongdoing.
•  Application of schools provision to IEIs. The Secretary of State has the power to apply legislation that currently governs independent schools directly to IEIs, ensuring the framework can be kept up to date without the need for further primary legislation.

Commencement

Commencement dates for the IEI provisions have not yet been confirmed. Further regulations and guidance are awaited in a number of areas - including on the question of what constitutes full-time education in practice. We'll provide a further update once those details are known.

Key next steps

The Act introduces significant updates for IEIs, underscoring the commitment to safeguarding educational quality and the safety and wellbeing of students in independent settings. Commencement has not yet been announced, but institutions should not wait before considering how these changes affect them.

If your setting is currently unregistered:

• Consider carefully whether the new full-time education definition could apply to you. If there is any doubt, seek legal advice - operating an unregistered IEI is a criminal offence.
• Begin assessing whether your setting could meet the Independent School Standards and whether those responsible for its management would satisfy the expanded fit and proper person test.
• Do not wait for formal guidance before starting that review.

If your institution is already registered:

• Consider whether any of the new material change categories may apply - particularly in relation to changes to your premises or your special educational needs provision. Look ahead at any planned changes and assess whether prior approval will be required before they are made.
• Take the suspension of registration power seriously - consistent and sustained compliance is not just good practice, it's essential risk management.
• If your institution has any history of compliance concerns, the new deregistration appeals test warrants careful attention. Short-term improvements that are not properly embedded will no longer be sufficient.
• Ensure that proprietors and those in management roles are aware of, and are able to satisfy, the broader fit and proper person test.

We'll continue to monitor developments and provide updates as further details emerge. In the meantime, please don't hesitate to contact us if you'd like to discuss how any of these changes may apply to your institution.

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