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Solicitors in Westminster, London

Introduction of the Education and Training (Welfare of Children) Act 2021

Introduction of the Education and Training (Welfare of Children) Act 2021

What it does

The Education and Training (Welfare of Children) Act 2021 (the ‘Act’) has been brought into force. While the Education Act 2002 imposes a duty on governing bodies of maintained schools in relation to safeguarding and promoting the welfare of children, no such duty was imposed on Academies. The Act now imposes this duty on all proprietors of Academies. The proprietors must carry out their functions relating to the conduct of the Academy in a manner that promotes and safeguards the welfare of children in their care. The Secretary of State reserves the right to refrain from entering into an agreement or giving financial assistance to an institution that does not abide by these safeguarding duties. 

Why it has been made

With the expansion of the further education market, it is important that regulatory consistency is maintained across all providers. Academies were not previously governed by the statutory safeguarding requirements set out in the Education Act 2002. This amendment now offers a remedy. 

When it comes into force

This Act came into force on the 29th April 2021.