Parliament has enacted the Secure 16–19 Academies Act 2026, with Royal Assent granted on 12 February 2026. The law introduces targeted amendments to the Academies Act 2010 governing funding agreements, statutory impact considerations and consultation requirements for secure 16–19 academies. (whatson.parliament.uk)
In summary, the Act shortens the minimum notice to terminate funding agreements for secure 16–19 academies from seven years to two; disapplies the Secretary of State’s Section 9 duty to consider the impact on existing educational institutions when these settings are established or expanded; and replaces the default Section 10 consultation question of “whether” to proceed with a duty to consult on “how to cooperate” with potential local partners on establishment and operation. (bills.parliament.uk)
Funding agreements are affected first. Section 2(2) of the 2010 Act generally requires seven years’ written notice to terminate an academy agreement; the new provision creates a two‑year notice period specifically for secure 16–19 academies. This shortens the horizon for any termination or reconfiguration and should be reflected in financial and contractual planning for prospective sponsors.
Second, the impact duty in Section 9(1) is expressly disapplied for secure 16–19 academies. Unlike mainstream proposals, the Secretary of State is no longer required to consider effects on existing local schools and colleges when deciding whether to establish or expand these institutions, creating a distinct approval route for secure provision.
Third, the consultation duty changes in substance. Promoters of secure 16–19 academies are not required to consult on the question of whether arrangements should be entered into; instead they must consult on how they will cooperate with “potential local partners” in running the academy. The Act defines potential partners as public bodies and, where relevant, proprietors of educational institutions-typically including local authorities, NHS bodies, youth offending services, police and nearby education providers.
The legislation extends to England and Wales and comes into force at the end of the period of two months beginning with the day on which it was passed. On that timetable, the new requirements apply from 12 April 2026. (bills.parliament.uk)
Government guidance describes secure 16–19 academies as institutions for children remanded in custody or serving a custodial sentence. They operate with dual oversight: Ofsted registers and inspects the secure children’s home element, the Ministry of Justice regulates the academy element, and inspections are aligned across education, social care and health. (gov.uk)
For promoters, the policy emphasis moves from market impact testing to operational collaboration. Project plans will need to evidence practical cooperation across education, health and justice-addressing safeguarding arrangements, information‑sharing, special educational needs support and healthcare provision-consistent with the refocused statutory consultation question.
Local partners should expect a more formal role in design and delivery. While the Act removes the requirement to consult on whether a proposal should proceed, it requires structured engagement on how cooperation will work in practice, with clear lines of accountability and service integration for children in custody.
Approval decisions rest with the Secretary of State. According to Ofsted guidance, the Ministry of Justice will review approvals at least every three years, informed by Ofsted advice, and a memorandum of understanding between Ofsted and the MoJ is being developed to govern roles and information‑sharing. (gov.uk)