Home Education Law in England: What the Children’s Wellbeing and Schools Act 2026 Means for Families
Home education in England is still lawful. That is the starting point.
The Children’s Wellbeing and Schools Act 2026 does not remove the right to educate a child otherwise than at school. It does change the system around that choice. The biggest shift is visibility. Local authorities will have clearer duties to identify children who are not in school, collect information about their education, and step in sooner where there are concerns.
For many home-educating families, this will feel like a move from a light-touch, uneven local system to one with more formal records, more contact, and more paperwork. For some families, especially those with children who have social care involvement or complex SEND arrangements, it may change the process of leaving school altogether.
This article explains the main changes in plain English. It is general information, not legal advice. The detail may also depend on commencement dates, regulations, statutory guidance, and how each local authority puts the Act into practice.
The legal foundation of home education has not disappeared
The core law on education in England still starts with parents.
Under section 7 of the Education Act 1996, parents must make sure a child of compulsory school age receives efficient full-time education suitable to:
the child’s age
the child’s ability and aptitude
any special educational needs the child may have
That education can happen by regular attendance at school or otherwise. The word “otherwise” is what makes elective home education lawful.
That basic principle matters because public debate can blur the issue. A law that asks local authorities to keep better records of children not in school is not the same as a law that bans home education. A law that gives councils stronger powers in safeguarding cases is not the same as a requirement for every child to attend school.
The Act changes the surrounding duties. It gives local authorities a more structured role in knowing which children are outside school and, where needed, asking what education is being provided.
What stayed the same
Parents remain responsible for causing their child to receive a suitable education. Home educators do not have to copy the National Curriculum unless a particular arrangement or order says otherwise. Home education can be flexible, child-led, structured, project-based, tutor-supported, parent-led, online, practical, or a mix of approaches.
A home education plan does not have to look like a school timetable. It does need to show that the child is receiving an education suited to them.
That distinction is often the source of tension. A local authority may be looking for evidence it can assess. A family may be providing education in a way that does not resemble school. The new regime does not remove that difference, but it may make the conversation more formal.
What has changed
The Act moves England towards a clearer system for children not in school. In practice, that means:
local authorities will know more about children who are not registered at school
parents may have clearer duties to provide information
schools and certain education providers may have duties to share information
some withdrawals from school will need closer scrutiny
safeguarding concerns may affect whether a child can be removed from school without consent
school attendance enforcement may become more closely linked to the suitability of home education
This is a major change in the feel of the system. Many home-educating families have been used to periodic contact, sometimes annually, sometimes less often, depending on the local authority. The Act points towards a more consistent national expectation.
It also means families should think carefully about records. Not because home education must become school at home, but because clear evidence can prevent misunderstandings.
The children not in school register becomes central
One of the most important changes is the creation of local authority registers for children not in school.
The aim is simple. Every local authority should have a clearer picture of children in its area who are of compulsory school age and are not registered at school in the usual way. This includes many home-educated children, although the register is wider than home education alone.
This matters because, before these reforms, local authorities often relied on a patchwork of information. Some children became known to the council when they were withdrawn from school. Some were never registered at a school. Some moved between areas. Some attended unregistered or part-time settings. The result was inconsistent.
The register is designed to make those gaps smaller.
What information may be requested
The exact information required may be shaped by regulations and guidance. Families should expect the register to include basic identifying details and information about the education being provided.
That may include information such as:
the child’s name, date of birth, and address
parent or carer contact details
whether the child is being educated at home
whether the child attends any settings, groups, tutors, online provision, or alternative provision
details that help the local authority understand the child’s education
The point is not simply to create a list of names. The register is intended to help councils decide whether children are receiving suitable education and whether any safeguarding concerns need attention.
For many families, providing this information will feel intrusive. That reaction is understandable. Home education often grows from a desire for family autonomy, a poor school experience, unmet needs, bullying, illness, anxiety, travel, faith, philosophy, or a child’s learning style. A statutory register can feel like suspicion.
But the practical reality is that refusing to engage at all may carry more risk than providing a clear, calm summary. A brief, factual response can protect a family from escalation.
The register does not make councils the curriculum judge
A register is not the same as school enrolment. It does not give a local authority the power to dictate a home timetable in ordinary cases.
Councils can, and already could, make enquiries where it appears a child may not be receiving suitable education. The Act gives that work a firmer structure. It also gives councils better routes to find out who is not in school in the first place.
The best way to understand this change is to separate three questions:
Is home education lawful?
Can the local authority ask for information?
Can the local authority insist on school attendance if education is unsuitable?
Yes. Parents can still educate otherwise than at school.
Yes. The Act strengthens the system for doing this.
It may be able to use attendance enforcement processes where legal tests are met.
That last point matters. If a council believes a child is not receiving suitable education, it may move towards a School Attendance Order process. The Act sits alongside that wider enforcement framework.
Privacy and proportionality will matter
Local authorities will need to handle information carefully. Families will want to know who can access the register, how data is stored, how long it is kept, and when it can be shared.
Those questions are legitimate. They are also likely to become a normal part of home education administration.
A practical approach is to provide enough information to answer the education question without oversharing every detail of family life. For example, a family might explain that a child studies maths using a named programme, reads daily, attends a weekly science group, writes short stories, visits museums, and receives support for dyslexia. They do not need to produce a minute-by-minute account of each day unless there is a specific reason.
Clear does not mean excessive.
Leaving school will not work the same way in every case
For many children, deregistration from a mainstream school has traditionally been straightforward. A parent writes to the headteacher saying the child is now being educated otherwise than at school. The school removes the child from the admissions register and informs the local authority.
The Act changes the surrounding process, especially for children where safeguarding concerns are already known.
Ordinary deregistration may still happen, but with more follow-up
For a child with no special status, no relevant safeguarding process, and no special school placement, parents may still be able to withdraw from school for elective home education.
What changes is what happens around that decision. Schools and local authorities are likely to communicate more quickly. Parents may receive requests for information sooner. The child may appear on the children not in school register. The local authority may ask for an outline of how education will be provided.
That does not mean every family must ask permission in advance. It does mean the period after deregistration may become more formal.
Families should keep a copy of the deregistration letter, note the date it was sent, and ask for written confirmation that the school has updated its register. If a child is removed from school because of bullying, unmet SEND needs, illness, anxiety, or a breakdown in the placement, it is wise to keep records of those events too.
Not because parents must justify choosing home education, but because context can matter later.
Safeguarding cases need extra care
The Act pays particular attention to children who are subject to child protection processes or serious safeguarding concern. In those cases, the law may restrict a parent’s ability to remove a child from school without local authority consent.
This is one of the most significant changes.
The policy reason is clear. Parliament and government have been concerned that a child could be withdrawn from school and become less visible at the very point when professionals are worried about their safety.
For families, the effect is serious. If a child is subject to a child protection plan, a section 47 enquiry, or similar safeguarding process covered by the Act or regulations, parents should not assume ordinary deregistration rules apply.
Before taking action, get the position in writing from the local authority or seek legal advice. A mistaken withdrawal in this context could lead to fast escalation.
Special schools and SEND arrangements remain complex
Children with special educational needs and disabilities need separate attention.
Home education is lawful for children with SEND. Many families choose it because school has not met a child’s needs. But where a child has an Education, Health and Care Plan, or attends a special school, the legal position can be more complex.
There has long been a distinction between withdrawing a child from a mainstream school and withdrawing a child from a special school arranged by the local authority. Consent may be needed in special school cases. The Act strengthens the wider system around children not in school, so SEND families should be especially careful before making changes.
A few practical points help:
Read the EHCP carefully
Check the named placement, section I, provision in section F, and any review dates.
Ask whether home education is elective or arranged by the authority
Elective home education means parents take responsibility for the education. Education otherwise than at school arranged by the local authority is different.
Put concerns in writing
If school is not meeting need, record what has happened. Include examples, dates, and impact on the child.
Use the annual review process where relevant
If a child has an EHCP, the review process may be the proper route to seek changes.
This is an area where general guidance can only go so far. SEND law, social care duties, and home education law often overlap.
Local authorities will have stronger duties and clearer powers
The Act changes the expectations placed on local authorities. It asks them to know more, record more, and act where needed.
That does not mean every local authority officer will judge home education in the same way. Practice has always varied across England, and it may continue to vary. But the legal direction is towards more active oversight.
Councils must identify children missing education
Local authorities already have duties to identify children in their area who may not be receiving suitable education. The new register supports that work.
This is not only about home education. It also covers children who fall through gaps, including children who move area, children attending illegal schools, children on unsuitable part-time timetables, and children not receiving the education they should.
Home-educating families may feel caught inside a policy aimed at much wider risks. That is one reason the language in this area matters. A home-educated child is not automatically a child missing education. A child missing education is a child who is not receiving suitable education.
Those are different things.
Support may become more structured
The Act also points towards a clearer role for local authorities in supporting home-educating families. Support could include information, signposting, exam access advice, guidance on local groups, or help understanding SEND processes.
The quality of that support will matter. Families do not need token leaflets. They need practical answers to common problems, such as:
how to access GCSEs as a private candidate
what to do if a child has SEND and no longer attends school
how home education affects child benefit or post-16 plans
whether part-time settings are lawful
how to respond to a request for information
what evidence of education is useful
Support should not become pressure to return to school. It should help parents understand their duties and options.
Attendance enforcement may become more prominent
If a local authority is not satisfied that a child is receiving suitable education, it can take steps that may lead to a School Attendance Order. The Act strengthens parts of the attendance and children not in school framework, so families should treat formal letters seriously.
A School Attendance Order is not the first step in a healthy relationship between a home-educating family and a council. It usually follows concern, correspondence, and a failure to satisfy the authority that suitable education is taking place.
To reduce the risk of escalation, families should respond to enquiries in writing and keep the tone factual. A short portfolio can help.
Useful evidence might include:
samples of recent work
reading lists
photos of practical projects
details of regular learning activities
notes on progress in maths and English
information about tutors, groups, or online courses
examples of educational visits
a short explanation of the child’s learning needs and approach
Home education evidence does not need to be polished. It needs to be understandable.
A child who learns through nature study, cooking, mechanics, coding, documentaries, reading, discussion, volunteering, sport, art, and online courses may be receiving a rich education. The challenge is showing that in a form someone outside the family can follow.
Informal learning can still be real education
One concern many families have is that local authority systems may favour school-like evidence. Worksheets are easy to file. Conversation, curiosity, and practical skill are harder to prove.
The answer is not to abandon flexible learning. The answer is to translate it.
If a child spends a month building a pond, that may include biology, measurement, design, reading, budgeting, writing, and environmental science. If a child helps plan meals, that may include maths, nutrition, reading, sequencing, and life skills. If a child writes fan fiction, that may include vocabulary, grammar, structure, editing, and typing.
A short weekly note can capture this without turning family life into a bureaucracy.
For example:
“This week, A read three chapters of a novel aloud, worked on fractions using cooking measurements, visited the local library, completed two online coding lessons, and wrote a one-page review of a documentary about rivers.”
That kind of record is simple, but it gives a clear picture.
What families can do now
The best response to the Children’s Wellbeing and Schools Act 2026 is neither panic nor avoidance. It is preparation.
Home education works best when families understand both sides of the equation. Parents have rights, but they also have duties. Local authorities have safeguarding and education responsibilities, but they must act lawfully and proportionately.
The following steps can help families stay steady as the new system beds in.
Keep a simple education record
This does not need to be a school register. A notebook, folder, photo album, or digital document can do the job.
Include:
what the child is learning
books, courses, groups, or resources used
examples of progress
any support for SEND
educational visits or practical projects
a few dated samples of work
The aim is to make the education visible.
Write a clear home education summary
A one or two-page summary can be useful if the local authority asks for information.
It might cover:
the child’s age and interests
the educational approach
how maths and English are covered
how wider subjects are explored
social opportunities
any special educational needs
how progress is reviewed
Avoid defensive language. Keep it calm and specific.
Respond to the local authority in writing
Phone calls can be useful, but written records prevent confusion. If a council asks for information, respond by email or letter. If something is discussed by phone, send a short follow-up confirming what was said.
That protects everyone.
Check whether any special rules apply before deregistering
Before removing a child from school, check whether the child:
attends a special school
has an EHCP
is subject to a child protection plan
is involved in a section 47 enquiry
is looked after by the local authority
has any court order or formal arrangement affecting education
If any of these apply, get advice before acting.
Do not ignore formal notices
Some families have had poor experiences with schools or councils. That can make any official letter feel threatening. Still, ignoring a formal request rarely helps.
A brief response is usually better than silence. If the request seems unreasonable, ask the local authority to explain the legal basis and what information it needs to be satisfied that education is suitable.
Separate education concerns from safeguarding concerns
This is vital.
A disagreement about curriculum style is not automatically a safeguarding issue. Equally, genuine safeguarding concerns cannot be dismissed by saying a child is home educated.
Keeping these issues separate helps families respond clearly. If the local authority is worried about education, ask what evidence it needs. If it raises safeguarding, ask what the specific concern is and which process is being followed.
Build local support
Home education can be isolating if a family tries to do everything alone. Local groups, online communities, exam centres, SEND charities, libraries, museums, sports clubs, and private candidate networks can all help.
Support also makes the education easier to evidence. Regular activities show pattern, breadth, and social contact.
The real shift is from privacy by default to visibility by design
The Children’s Wellbeing and Schools Act 2026 marks a clear change in the relationship between home-educating families and the state in England.
It does not end home education. It does not mean every child must be in school. It does not mean learning at home must look like classroom learning.
It does mean home education will sit inside a more formal system. Local authorities will be expected to know who is not in school. Parents will be expected to provide information. Schools and other settings may have clearer duties to share details. Some families, especially those with safeguarding involvement or complex SEND arrangements, will face extra checks before a child leaves school.
The families best placed for this change will be those who can explain their provision clearly. Not perfectly. Not in school language. Just clearly.
A suitable education can be flexible, personal, creative, and rooted in family life. Under the new law, it also needs to be visible enough for the local authority to understand.
THE DISCOVERFEST VIEW
Home education has never had just one look.
For some families it is highly structured.
For others it is child-led.
For many it is a combination of tutors, parents, online learning, sports, arts, museums, groups, outdoor education and real-world experiences.
The legal framework around home education is changing, but the diversity of the home-education community remains.
At DiscoverFest, our aim is to help families navigate that landscape by bringing together reliable information, educational opportunities, activities and providers in one place.
As implementation of the Children’s Wellbeing and Schools Act develops, we’ll continue to follow the changes and explain them in straightforward language.
This article is intended as general information and does not constitute legal advice. Legislation and statutory guidance can change, and provisions of the Children’s Wellbeing and Schools Act 2026 are subject to commencement and implementation arrangements. Families should consult current Department for Education guidance, legislation and their local authority where appropriate.
Information reviewed: September 2026.
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