The Children's Wellbeing Bill and SEND Families

The Children’s Wellbeing and Schools Bill is working its way through Parliament. It completed Lords Third Reading in February 2026 and moved to the Commons in March. Royal Assent could come as early as mid-2026.

This is a separate piece of legislation from the SEND White Paper (Special Educational Needs and Disabilities White Paper). The two are often confused, but they address different things. The White Paper proposes replacing Education, Health and Care Plans (EHCPs) with ISPs from 2029. This Bill changes school registration, home education rules, and attendance monitoring, among other things.

For SEND families, several provisions matter. Some are reassuring. Others are concerning. Here’s what you need to know.

Your EHCP rights are unchanged

Before anything else: the Children’s Wellbeing Bill does not change your Education, Health and Care Plan (EHCP) rights. Every duty under the Children and Families Act 2014 remains fully in force.

• Right to request an EHC needs assessment (Section 36) - unchanged
• Duty to issue an EHCP if criteria are met (Section 37) - unchanged
• Duty to secure all provision in the EHCP (Section 42) - unchanged
• Right to appeal to the SEND Tribunal (Section 51) - unchanged
• Annual review requirements (Section 44) - unchanged
• Right to request a personal budget (Section 49) - unchanged

If your LA suggests that this Bill changes your EHCP rights, they’re wrong. Ask them to confirm in writing which legislation they’re relying on.

Clause 24: home education consent

This is the provision causing the most anxiety among SEND families. Clause 24 introduces a requirement for LA consent before a parent can deregister their child from school to home educate, but only in specific circumstances.

You’ll need Local Authority (LA) consent if your child is registered at a special school, is classified as a child in need, or is on a child protection plan. For children in mainstream schools without those additional factors, the current right to home educate under Section 7 of the Education Act 1996 remains unchanged.

The consent process includes a six-month waiting period. If the LA doesn’t respond within six months, consent is deemed refused. IPSEA (Independent Provider of Special Education Advice) has raised serious concerns about this timeline, arguing it’s far too long for a child who may be in crisis or an unsuitable placement.

The Children Not In School register

The Bill creates a compulsory register of all children not registered at any school in England. This includes home educated children. Parents will be required to notify the LA that their child is not on a school roll and provide basic information.

What the register does not do is give the LA new powers over your child’s education. It doesn’t require you to follow the national curriculum. It doesn’t change the legal definition of suitable education. It simply means the LA will know your child exists.

Off-rolling protections

This is good news for SEND families. The Bill strengthens protections against schools using informal mechanisms to remove children from the roll. If your child has been pushed towards home education, a managed move, or a reduced timetable designed to get them off the books, the new provisions aim to make that harder.

Schools will face greater accountability for children who leave their roll, and LAs will have better data on where children go when they stop attending.

The smartphone ban and assistive technology

Lords Report Stage passed Amendment 215, prohibiting smartphones during the school day. However, Amendment 216, which would have created a statutory exemption for assistive technology, was defeated 36 to 144.

This means the Bill includes no specific carve-out for children who use devices for augmentative and alternative communication (AAC), speech-to-text, or other disability-related needs. However, schools are still required to make reasonable adjustments under the Equality Act 2010 for disabled pupils who need devices. This obligation exists independently of the Bill, though enforcement is complaint-driven and parents may need to advocate for their child’s device access. If your child uses a device for communication or learning support, contact the school now to understand their implementation policy and get it in writing before the Bill becomes law.

Multi-academy trust inspection

The Bill creates a legal framework for Ofsted to inspect multi-academy trust proprietors, not just individual schools. For SEND families whose children attend academies within large trusts, this adds an extra layer of accountability. If a trust’s approach to SEND is inadequate, Ofsted will have powers to examine that at the trust level.

What this means in practice

The Bill is not yet law. No provisions are in force until commencement orders are made after Royal Assent. Some provisions may commence on different dates, and statutory guidance has not yet been published.

Getting help

IPSEA has published analysis of the Bill’s SEND implications and is running a joint campaign to protect existing rights. Their helpline (0300 222 5899) can advise on how the Bill might affect your situation.

Your local SENDIASS (Special Educational Needs and Disabilities Information, Advice and Support Service) can help you understand your current rights and plan for any changes the Bill introduces.

Special Needs Jungle publishes detailed analysis of the Bill’s impact on SEND families and is part of the joint campaign with IPSEA.

How our free tool can help

The AI assistant at SEND Parents Help has detailed coverage of the Children’s Wellbeing Bill, including Clause 24, the CNS register, and the smartphone ban. You can ask specific questions about how the Bill might affect your family’s situation.

Stay informed, stay calm

The Bill is significant, but it’s not a reason to panic. Your existing rights under the Children and Families Act 2014 are untouched. The home education changes only affect specific groups. And the off-rolling protections are genuinely positive.

Monitor the Bill’s progress at bills.parliament.uk. And when statutory guidance is published, we’ll cover what it means for your family.

Sources and further reading

Legislation and official guidance

• Children’s Wellbeing and Schools Bill (Bill page with progress tracker)
• Children and Families Act 2014, Part 3 (existing EHCP rights, unchanged by this Bill)
• Education Act 1996, Section 7 (current right to home educate)
• Equality Act 2010 (reasonable adjustments for disability-related device use)