Secure 16–19 Academies Act: changes from April 2026

If you work in education or youth justice, a small but significant law has just passed. The Secure 16 to 19 Academies Act 2026 became law on Thursday 12 February 2026, with its measures scheduled to take effect two months after Royal Assent. That gives schools, colleges, councils and health teams a short runway to prepare. (whatson.parliament.uk)

First, a quick refresher. Secure 16 to 19 academies-sometimes called “secure schools”-are specialist settings for children who are remanded by the courts or serving a sentence. They have dual status: Ofsted registers and inspects the secure children’s home element, and also inspects the academy element, while the Ministry of Justice funds the provision and signs the funding agreement with each trust. In other words: education and care under one roof, in custody. (gov.uk)

What changed on funding. The government’s minimum notice period to terminate a secure school’s funding agreement is reduced from seven years to two. In practice, providers would now receive at least 24 months’ notice if government intends to end payments-framed by ministers as a balance between value for money and certainty for specialist staffing. (hansard.parliament.uk)

What changed on the ‘impact’ test. Section 9 of the Academies Act 2010, which asks the Secretary of State to consider effects on other local schools when opening or expanding an academy, is disapplied for secure 16 to 19 academies. The reasoning given in Parliament is clear: secure schools do not recruit from mainstream admissions and therefore do not compete with local schools. (hansard.parliament.uk)

What changed on consultation. For secure 16 to 19 academies, the statutory question is no longer “should we open?” but “how should we work with local partners?”. The Act requires consultation on cooperation with “potential local partners”, defined as public bodies and proprietors of educational institutions with whom it is appropriate to work. Expect to be asked about practical join‑up, not the principle of opening. (hansard.parliament.uk)

Who this touches day to day. Children do not apply to secure schools; placements come via the courts and Youth Custody Service. For mainstream schools, colleges and health services, the change means you are more likely to be consulted early on issues such as curriculum continuity, SEND support and resettlement pathways for young people returning to the community. (gov.uk)

Dates and geography to note. The Act extends to England and Wales but applies in England only. Its provisions start two months after Royal Assent-so from 12 April 2026-shaping consultations and future funding agreements from that point. (researchbriefings.files.parliament.uk)

If you’re a local partner-think local authorities, NHS providers, youth offending teams, schools and colleges-use the next few weeks to map who needs to be in the room, agree a single point of contact, and line up information‑sharing routes for education, health and safeguarding. The law now asks for cooperation plans up front; arriving with a draft plan will save everyone time.

For trusts and governors eyeing secure school work, a two‑year termination notice shortens financial horizons. MPs raised concerns about whether shorter certainty could affect recruitment and investment; ministers argued it avoids very long exit periods while keeping staff stability in view. Build that into your risk registers and workforce plans. (hansard.parliament.uk)

Context matters. The first secure school, Oasis Restore in Rochester, opened in 2024 but paused operations while safety repairs were made; ministers told peers they expected an early‑2026 reopening, and the provider has been recruiting ahead of that. The new Act lands into that real‑world learning curve. (hansard.parliament.uk)

Oversight remains tight. Ofsted inspects both the secure children’s home element (alongside the Care Quality Commission for health aspects) and the academy element under the education inspection framework, with aligned inspections designed for this dual‑status model. International child‑rights standards are also considered in inspections. (gov.uk)

What this means for you. If you teach, plan or govern in your local area, expect consultation letters that ask “how will we work together?” rather than “should this exist?”. If you’re a student or parent, remember secure schools are not an admissions route; they are part of the youth justice estate. This explainer is plain‑English guidance, not legal advice-keep an eye out for updated Ofsted‑MoJ guidance as their memorandum of understanding is finalised. (gov.uk)