Welcome to the latest edition of Heads Up!
Links to the dedicated sections can be found below.
In this edition, we provide an overview of the important changes to Keeping Children Safe in Education following its publication on 1 September 2026. As the most significant update in several years, schools should take this opportunity to review their safeguarding policies, training programmes and day-to-day safeguarding practices.
We also consider the latest developments in exclusion guidance, the implications of some recent case law relating to exclusions, and the responsibilities placed on schools by Martyn’s Law.
In addition, we examine a number of significant employment and pensions developments, including the changes introduced by the Employment Rights Act 2025, the new requirement for employers to take “all reasonable steps” to prevent sexual harassment from 30 October 2026, upcoming reforms to the law on fire and rehire from 1 January 2027, the ACAS consultation on revisions to its statutory disciplinary and grievance Code of Practice, and changes to the Teachers’ Pension Scheme due to take effect in 2027.
We look forward to connecting with many of you at webinars and events this term. Further webinar dates will be announced in the coming weeks.
School Support and SEND
KCSIE 2026 – Safer recruitment, the role of the Designated Safeguarding Lead and mental health
This article examines safer recruitment, the role of the Designated Safeguarding Lead (DSL) and dealing with mental health concerns.
KCSIE 2026 – The main changes and action required: Gender questioning children
We have highlighted further significant changes below and in our separate articles on the new guidance. This article examines the changes relating to gender questioning children.
KCSIE 2026 – The main changes and action required: Serious violence and Child-on-child sexual harassment and sexual violence
We have highlighted further significant changes below and in our separate articles on the new guidance. This article examines the changes relating to serious violence and child-on- child sexual harassment and sexual violence.
KCSIE 2026 – The main changes and action required: Online safety and Mobile phone use
We have highlighted further significant changes below and in our separate articles on the new guidance. This article examines the changes to online safety and Mobile phone use.
Update on statutory exclusions guidance
The DfE released a new version of the statutory exclusions guidance “Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement” in July 2026, which takes effect from 1 September 2026, (despite a reference to 2024 at the last bullet point on page 6).
School Exclusion case law – R (HVF) v Lift Schools [2026] EWHC 2088 (Admin)
On 5 August 2026, the High Court handed down a judgment quashing the permanent exclusion of a 10-year-old child with complex special educational needs and disabilities (‘SEND’) who was permanently excluded from primary school. The High Court quashed Henry’s permanent exclusion and provided important guidance about the need for schools to undertake a “careful assessment”, including consideration of the proportionality of a permanent exclusion decision.
Martyn’s Law – What’s Now Confirmed and What to do Next
The Terrorism (Protection of Premises) Act 2025 (“the Act”), also known as Martyn’s Law, aims to improve how organisations such as schools prepare for, and respond to, a terrorist incident. This will help ensure that people in our schools are kept as safe as reasonably possible.
The Home Office has now issued statutory guidance and confirmed that the Security Industry Authority (SIA) will act as the regulator. This provides schools and Multi-Academy Trusts (MATs) with the opportunity to begin planning and preparing ahead of the anticipated implementation date in Spring 2027.
Why School Leaders Should Warn Parents About Using AI for Complaints and Legal Claims
Our School Support team have been supporting our clients with an increase in AI use in parental complaints over the last few years. Increasingly, however, this appears to be moving away from the school’s complaints policy and towards legal proceedings being pursued by the parent.
Schools HR
TPS Shake Up: Government consults on changes to the Teachers’ Pension Scheme for 2027
On 7 August 2026, the Department for Education (“DfE”) launched a consultation on the proposed Teachers’ Pension Scheme (TPS) Miscellaneous (Amendment) Regulations 2027 (“the Regulations”). The Regulations are necessary to adjust the member contribution rates following the most recent valuation. The DfE has said that further amendments are also required to clarify existing provisions, align the Regulations with DfE policy and ensure the scheme continues to operate as intended. The purpose of the consultation is to seek responses from those likely to be affected by the proposed Regulations which includes school employers. The consultation closes on 30 October 2026. Following consideration of responses, the DfE intends to finalise the amendments, which are expected to come into force on 1 April 2027.
Formal procedures as a last resort? Acas consults on revised statutory disciplinary and grievance Code of Practice
Over the summer Acas launched an eight-week consultation on a substantially revised statutory Code of Practice on disciplinary and grievance procedures (“the Acas Code”). It is said that the consultation represents the largest rewrite to the Acas Code since 2009, with a broader aim of shifting focus to informal resolutions of workplace disputes intended to take pressure off the overloaded employment tribunal system. The consultation closes on 23 September 2026.
ERA 2025: Spotlight on Fire and Rehire changes from 1 January 2027
Fire and rehire has been under close scrutiny in recent years, particularly following the high-profile P&O Ferries dismissals in 2022, prompting the introduction of a Dismissal and Re-engagement Statutory Code of Practice in July 2024. Most recently new restrictions on Fire and Rehire have been introduced by the Employment Rights Act 2025 (“ERA 2025”) which are intended to end the practice altogether, save for in very limited circumstances. Here is what schools and multi-academy trusts (“MATs”) should know in advance of the changes coming into force on 1 January 2027.
ERA 2025: What is changing in the duty to prevent sexual harassment from 30 October 2026?
Since 26 October 2024, all employers have had a positive duty to prevent sexual harassment in the workplace. Sexual harassment occurs where someone engages in unwanted conduct of a sexual nature that has the purpose or effect of violating the other person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
ERA 2025: New ‘Day One’ right to bereavement leave to come into force from April 2027
Following its consultation on a new ‘day one’ right to bereavement leave, including for pregnancy loss before 24 weeks, the government has now published its response. The original consultation ran from October 2025 to January 2026. The purpose of the consultation was to seek views to ensure the final entitlement was balanced for both employers and employees.
Academy Trust Handbook 2026 – The updates your Trust needs to know
This briefing note is for all proprietors of academies and academy trusts (“Trusts”) including Boards of Trustees, Accounting Officers, Chief Executive Officers, Chief Financial Officers, Chief Operating Officers, Governance Professionals, Executive Leaders and Business Managers.
School Organisation
New Statutory Guidance on opening and closing schools
On 1st September 2026, new guidance has been issued replacing previous guidance relating to the opening and closing of Local Authority (LA) maintained schools and the free school presumption which required all new schools proposed by LAs to be academies. The new guidance reflects changes introduced by the Children’s Wellbeing and Schools Act 2026.
Navigating changes – DfE land transactions process and local government reorganisation
Academy Trusts are operating in an increasingly changing environment regarding approvals from the DfE for land transactions which are becoming more structured and digital and the way local governments are being re-organised. The developments are not problematic in themselves but both introduce additional process, points of contact and potential delays which will need to be factored in. For Academy Trusts undertaking land transactions (for example, acquisitions, disposals and easements), early legal advice and involvement and careful management of the process will become more important. This briefing note summarises the recent developments.
School Property
Concerns about dilapidation liabilities
In recognition of the fact that the vast majority of the school estate is far from in good repair and condition, the standard 125 year academy lease reflects a moderated tenant obligation. Rather than being obliged to put and keep the school premises in “good and substantial repair”, the academy trust is obliged only to “make good any damage it [the academy trust] causes to the Property and/or any deterioration to the condition of the Property that may arise from the Term Commencement Date [the conversion date]”.
Defects discovered after completion? A Practical guide for schools
Discovering defects after construction works have been completed can be alarming, particularly where the defects affect safety, compliance, or the day-to-day operation of a school. However, the worst thing an employer can do is assume that somebody else will deal with the problem or wait too long before taking advice.