The Department for Education has made the Registration and Inspection of Education, Children’s Services and Skills (Fees) (England) (Amendment) Regulations 2026 (SI 2026/153). The instrument was made on 23 February 2026, laid on 25 February 2026, and comes into force on 1 April 2026. It extends to England and Wales but applies to settings in England. ([]())
The Regulations amend regulation 19 of the 2015 Fees and Frequency of Inspections Regulations for residential education settings. For residential colleges, references to 10 approved places are replaced with 8, and for residential special schools, references to 9 places are replaced with 6. In practice, higher annual fee tiers will now apply from nine places in residential colleges and from seven places in residential special schools. ([]())
Regulation 23 on children’s homes is also amended. The band that previously ran from 4 to 11 approved places will now run from 4 to 8, with the upper tier beginning at nine places rather than twelve. This narrows the mid‑band and moves more homes into the upper‑tier annual fee from April. For reference, current published guidance still shows the pre‑change 4 to 11 band ahead of the April switch‑over. (gov.uk)
The Schedule to SI 2026/153 substitutes new sums across Parts 2, 3 and 4 of the 2015 Regulations, updating registration, variation and annual fees for children’s homes, residential family centres, adoption and fostering agencies, boarding schools, residential colleges and residential special schools. Providers should refer to the Schedule for the exact amounts payable from 1 April 2026. ([]())
Context from earlier instruments is relevant. In 2024, SI 2024/315 increased most children’s social care fees by 20% to move closer to cost recovery, as noted by the House of Lords Secondary Legislation Scrutiny Committee. Further amendments followed in 2025 under SI 2025/266. SI 2026/153 continues this programme of periodic uprating and structural adjustment. (publications.parliament.uk)
Analysis: the lowered thresholds will primarily affect mid‑size providers. Children’s homes with 9 to 11 approved places, and residential special schools with 7 to 9 places, should expect to move into higher annual fee tiers from April. Finance leads should check that the approved places on registration certificates are current and model the impact across 2026/27.
Analysis: local authorities commissioning placements may see day‑rates adjusted where providers reprice to reflect revised Ofsted fees. Directors of Children’s Services and Section 151 officers should review contract change‑in‑law provisions, consider any pass‑through mechanisms, and reprofile budgets in children’s social care and high‑needs blocks for Q1 2026/27.
Alongside annual fees, DfE guidance sets out registration and variation fees for relevant settings. Those published 2025 figures remain live until the new Schedule takes effect on 1 April 2026; supported accommodation, adoption and fostering lines are also covered by the 2015 framework and will be superseded where updated in SI 2026/153. (gov.uk)
The instrument is signed by Josh MacAlister, Parliamentary Under‑Secretary of State at the Department for Education. The Explanatory Note confirms no full impact assessment has been produced, stating no, or no significant, impact is foreseen. (gov.uk)