Education Regulations 2026 extend behaviour provisions to Academies and pupil referral units under UK health and safety law: guidance for duty holders and senior leaders
What has changed
The Regulations extend the Education Act 2002 and the Education (Educational Provision for Improving Behaviour) Regulations 2010 so that Academy schools and alternative provision Academies as well as pupil referral units in England are subjected to the same behavioural provisions as maintained schools, subject to specific modifications. They are the first regulations to exercise the power in section 29A(5) of the 2002 Act, signalling a formal move to unify behaviour related requirements across the state funded education sector.
Why it matters
This alignment creates consistent expectations for behaviour management, safeguarding and the safety of staff and pupils across all providers. For academy trusts and pupil referral units, the change clarifies duties, oversight and reporting requirements, reducing ambiguity in governance and day to day operations. It also reinforces that elements of UK health and safety law apply to behaviour management and school premises as part of a broader duty to provide a safe learning environment. Organisations should plan for governance updates, staff training, risk assessment refreshes and revised contracting practices to ensure compliance with the extended obligations.
For a systematic approach to management systems and compliance, organisations may align with ISO 45001 occupational health and safety management.
Organisations should review health and safety risk assessments to reflect new expectations on hazards related to behaviour management and safeguarding.
Where appropriate, seek Competent Person support to guide implementation and assurance.
Steps to achieve compliance
To implement the changes effectively, duty holders should prioritise:
- Review and update behaviour policies and safeguarding procedures to reflect the new provisions
- Update governance and reporting frameworks to capture compliance with the extended requirements
- Ensure staff and line managers receive training on the updated policies
- Revisit contractor and supplier arrangements to include compliance expectations for behaviour management
- Integrate the updated requirements into your health and safety management system aligned with ISO 45001
Consider health and safety training and support packages as part of the implementation journey.
In addition, practical governance steps include coordinating with senior leaders, revising risk registers to include behaviour related risk, and ensuring contractors align with new expectations through contract terms and supplier due diligence.
Timely planning and proactive engagement with staff and pupils will help demonstrate regulatory compliance and safeguard learning environments under UK health and safety law.
Ultimately, these Regulations push for a unified level of accountability across England’s state funded schools, reinforcing a clear standard for behaviour management and safeguarding that supports safe, productive learning for all.
