Parliament has enacted the Secure 16–19 Academies Act 2026, receiving Royal Assent on 12 February 2026. The Act alters three areas of the Academies Act 2010 for secure 16 to 19 academies: it sets a two‑year statutory funding termination notice, creates an exception to the section 9 impact duty, and reframes the section 10 consultation question. (parliament.uk)
The Act comes into force two months after Royal Assent, so the new provisions apply from 12 April 2026. It extends to England and Wales but applies in England only. (researchbriefings.files.parliament.uk)
On funding agreements, section 2 of the Academies Act 2010 normally requires a minimum seven‑year notice to terminate. For secure 16 to 19 academies, the new law substitutes two years for those seven‑year references, aligning the exit period with shorter placements in the youth estate and, according to the Ministry of Justice, supporting value for money. (bills.parliament.uk)
On local market effects, the usual section 9 duty on the Secretary of State to consider the likely impact of opening or expanding an academy on existing maintained schools no longer applies where the proposed institution is a secure 16 to 19 academy. This exemption recognises that such provision forms part of the custodial estate rather than the open schools market. (bills.parliament.uk)
On consultation, providers no longer consult on whether a secure 16 to 19 academy should open or expand. Instead, they must consult on how they will cooperate with “potential local partners” in establishing and running the academy. The Act defines these partners as persons exercising public functions and proprietors of educational institutions with whom cooperation is appropriate. (bills.parliament.uk)
Governance and accountability sit primarily with the Ministry of Justice. Secure 16 to 19 academies are operated by secure single‑academy trusts; the Secretary of State for Justice signs the funding agreements and acts as principal regulator, with trusts funded by the MoJ. (get-information-schools.service.gov.uk)
Regulation reflects the dual nature of these settings. Secure 16 to 19 academies accommodate children remanded or sentenced by the courts and are treated both as secure children’s homes and as 16 to 19 academies. Ofsted registers, regulates and inspects the secure children’s home element and inspects the academy element, with aligned inspections and MoJ approval reviews at least every three years; an Ofsted–MoJ memorandum of understanding is in development. (gov.uk)
For local authorities, police, health bodies and education providers, the statutory consultation now centres on operational cooperation. Expect engagement to focus on safeguarding interfaces, health and education provision on site, information‑sharing, and resettlement pathways rather than the binary question of whether a setting should exist in a given area. (bills.parliament.uk)
Only one secure school has been established to date-Oasis Restore in Rochester, Kent-illustrating the early stage of the programme. The legislative adjustments are designed to tailor academy law to this custodial context as the model develops. (researchbriefings.files.parliament.uk)