Home education law in England

Children Not in School register: England Guidance

The 2026 Act has received Royal Assent, but several register, consent and oversight duties depend on start dates and guidance. Here is what families can understand and prepare for now.

Current answer

Has the law changed for home education?

Yes, the Children’s Wellbeing and Schools Act 2026 is now law: it received Royal Assent on 29 April 2026. For home-educating families in England, the important distinction is that the Act exists, but many Children Not in School duties come into force only on dates set by regulations. As this guide was last reviewed on 12 May 2026, families should prepare for the new local-authority register, but should not assume every register, consent or information duty is already active unless official commencement regulations say so.

Home education remains lawful in England. The starting point is still the parent’s duty to make sure a child of compulsory school age receives efficient, full-time education suitable to the child’s age, ability, aptitude and any special educational needs, either at school or otherwise. GOV.UK’s current parent page tells home-educating parents: “you do not have to follow the national curriculum”.

“New Children Not in School registers will mean every child is visible to local authorities” — GOV.UK

That quote explains the government’s stated aim. It does not mean ordinary home education is unlawful, and it does not mean every family needs council consent. Consent rules are limited to particular cases, especially some special-school, School Attendance Order and child-protection situations. This guide focuses on England; Wales, Scotland and Northern Ireland have different rules or powers.

Key points at a glance

If you only read one section, these are the practical points to keep in mind.

The register is local

The Act creates a Children Not in School register held by local authorities. It is not best described as a single national home education register.

Home education remains lawful

Parents can still educate a child otherwise than at school, provided the education is suitable, efficient and full-time for a child of compulsory school age.

Commencement matters

Several Act duties depend on regulations setting start dates. Families should distinguish the Act being law from a particular duty being active.

Consent is not universal

Most ordinary home-education decisions should not be described as needing council permission. Consent is for specific cases, including current special-school and School Attendance Order caveats and the Act’s future relevant-child rule.

Visits need careful wording

The Act refers to a home-visit request and consequences for School Attendance Order decision-making. It should not be described as an automatic right to inspect every home-educating family.

Prepare calmly

Keep a clear education overview, provider details and correspondence. Do not turn home education into school-at-home paperwork just because the law is changing.

Current law and future Children Not in School duties

The clearest way to read the change is to separate the current home-education position from the additional duties the Act creates once the relevant provisions are in force.

Comparison of current home-education law and the future Children Not in School framework in England.

TopicCurrent positionWhat the 2026 Act addsWhat to watch

Parent duty

Parents must ensure a suitable, efficient, full-time education for a compulsory-school-age child, either by school attendance or otherwise.

The Act does not remove that core duty. It adds registration and information duties around children not in school.

Keep the section 7 duty separate from the new register duties.

Curriculum

GOV.UK tells home-educating families: “you do not have to follow the national curriculum”.

The register does not turn home education into school-at-home or create a national-curriculum requirement.

Families still need to show suitable education if the local authority has questions.

Leaving school

GOV.UK says a school must accept a complete withdrawal request, but may refuse a part-time school attendance request.

The Act creates a future consent rule for a limited category of relevant children, plus a future local-authority meeting pilot.

Do not apply the simple withdrawal rule to special-school placements, School Attendance Orders or future relevant-child cases.

Register

Families may already be known to their local authority through elective home education arrangements, but this is not the same as the new statutory register.

Each local authority must maintain a Children Not in School register once the relevant provisions are in force.

Check start dates and final DfE guidance before saying a live register duty applies to every family.

Information

Local authorities can make enquiries where suitability is unclear, and families often respond with a written education overview.

The Act adds parent information duties and some provider information duties, including several 15-day periods or minimum response periods.

Do not invent forms, provider thresholds or final data requirements before regulations and guidance are published.

Visits

GOV.UK says a council can make an informal enquiry to check a child is getting a suitable education at home.

After registration, the authority may request a home visit; refusal must be treated as a relevant factor for a preliminary School Attendance Order notice.

Describe this as a request with legal consequences, not a general power to enter the home.

School Attendance Orders

A council can serve an order if it thinks a child needs to be taught at school and the legal test is met.

The Act adds new preliminary notice triggers linked to suitable education, specified child-protection conditions and register information.

If a family receives formal paperwork, the safest next step is timely, case-specific advice rather than relying on general guidance alone.

What is the Children Not in School register?

The Act’s wording starts with the local authority duty: “A local authority must maintain a register” — Children’s Wellbeing and Schools Act 2026. That is why the safer official phrase is Children Not in School register, not simply home education register. Many home-educated children will be relevant to the register, but the concept is wider than elective home education alone.

Who holds it

The duty sits with each local authority, for eligible children who live in that authority’s area.

Who may be included

Once the relevant provisions are in force, eligibility includes compulsory-school-age children who meet the Act’s not-in-school condition, including children not registered at a relevant school and some children on a school roll who receive education otherwise than through ordinary school attendance.

Why families hear ‘home education register’

The phrase is common because home-educated children are a major reader concern. But it can mislead if it suggests the register covers only elective home education.

What support may exist

The Act includes a support duty: when a parent of a registered child requests it, the local authority must secure advice and information it considers fit in relation to the child’s education.

What is still awaited

Final start dates, forms, provider thresholds and detailed practice depend on regulations and DfE guidance.

What information might families need to provide?

The Act sets out categories of register information. Families can prepare by organising clear, factual information, without assuming a final form or checklist has already been issued.

Practical information areas families may need to explain once the register provisions are in force.

Information areaExamplesWhy it mattersCaution

Child details

Name, date of birth and home address.

These are core register details in the Act.

The exact format should come from official forms or guidance once active.

Parent details

Names and contact details of parents or carers with relevant responsibility.

The local authority needs to know who can provide or update required information.

Keep contact details accurate, but do not assume every personal detail is required before a lawful request.

How and where education happens

A short overview of subjects, approaches, routines, resources, projects and examples of learning.

This helps show the child is receiving suitable education otherwise than at school.

Do not make records look artificially school-like if that is not how the child learns.

Tutors, groups or other providers

Provider name, contact details, what is taught and estimated time where applicable.

The Act includes prescribed information about non-parent providers and some provider duties.

The threshold for provider duties is to be prescribed; do not assume every casual lesson is reportable.

Changes and responses

Changes to education arrangements, address, provider details or eligibility.

The Act includes duties to provide information, respond to requests and update certain changes, with 15-day periods or minimum response periods in several places.

Dates and response detail should be checked against final commencement and guidance before treating them as live.

When the child is no longer in scope

Starting full-time school, moving local authority area or reaching the end of compulsory school age.

The Act includes duties around telling the authority when a child ceases to be eligible.

Use official wording once local forms and DfE guidance are available.

When might local authority consent be needed?

Consent is one of the highest-risk areas for misunderstanding. The Act’s future relevant-child rule uses the wording “must obtain the consent of the relevant local authority” — Children’s Wellbeing and Schools Act 2026. That does not mean every home-educating family needs permission.

Scenario guide to when council permission or consent may be relevant before home education.

ScenarioWhat the sources supportPractical note

A child is at a mainstream school and there is no School Attendance Order, special-school placement or relevant child-protection situation.

Current GOV.UK wording says the school must accept a complete withdrawal request.

Tell the school in writing and keep a copy. Check whether any future consent rule has begun before relying on older wording.

A child has an Education, Health and Care plan but attends a mainstream school.

GOV.UK says council permission is not needed just because the child has an EHC plan and attends a mainstream school.

The EHC plan still matters. Discuss how provision will be made and keep SEN evidence clear.

A child with SEN attends a special school.

GOV.UK says council permission is needed to educate the child at home.

Do not withdraw first and sort permission later. Take advice before changing the placement.

A child attends school because of a School Attendance Order.

GOV.UK says council permission is needed before home education.

Treat this as a formal legal matter and respond carefully to the local authority.

The child is subject to certain section 47 child-protection enquiries or action, including relevant action within the previous five years.

The Act’s future consent rule applies to a limited category of relevant child and includes section 47-related conditions.

Do not assume ordinary home education is a safeguarding concern. But if section 47 applies, get advice before withdrawing from school.

The Act’s relevant-child consent rule is in force and the child falls within one of its defined categories.

The local authority must decide without undue delay. It must refuse if it considers regular school attendance is in the child’s best interests or that suitable education otherwise than at school has not been arranged; otherwise it must grant consent.

Families should be ready to explain the proposed education clearly, but the exact evidence process needs DfE guidance or legal review.

Current answer

How do School Attendance Orders fit in?

A School Attendance Order is a formal local-authority order requiring a parent to cause their child to become a registered pupil at a named school where the legal conditions are met. For home-educating families, there are two separate points.

First, under current GOV.UK guidance, if a child is already attending school because of a School Attendance Order, the parent must get local authority permission before home educating.

Second, the Act changes parts of the School Attendance Order process. It allows a preliminary notice where the child is not receiving suitable education, where specified section 47 or best-interests conditions are met, or where required register information has not been provided or is incorrect. It also links refusal of a requested home visit to preliminary notice decision-making.

If you receive formal correspondence about a School Attendance Order, treat it differently from an ordinary information request. Reply by the deadline, keep copies and seek case-specific advice.

How to prepare now without panic

These steps are sensible preparation. They are not a claim that every family must keep a portfolio, follow school hours or change their approach immediately.

  • Keep a one-page education overview

    Summarise the child’s broad subjects, learning approaches, typical routines, resources and how you adapt for age, ability, aptitude and any special educational needs.

  • Save examples of learning

    Keep a few dated examples, reading lists, project notes, photos of practical work or exam-preparation evidence. Choose examples that genuinely show learning, not paperwork for its own sake.

  • List non-parent provision

    Record tutors, groups, online classes or other structured provision, including provider details and approximate time where relevant. Do not assume final provider thresholds until regulations say so.

  • Keep correspondence together

    Store emails and letters from the school and local authority. Note dates, deadlines and the exact wording of any request.

  • Separate ordinary enquiries from formal notices

    A routine education enquiry is different from a School Attendance Order notice, child-protection request or special-school permission issue.

  • Watch for official start dates

    The register, consent, provider and meeting duties should be checked against commencement regulations and DfE guidance before families treat them as active duties.

  • Avoid panic changes

    Do not adopt the national curriculum, formal timetables or school-style marking unless those choices suit your child’s education.

A data-request message you can adapt

Suggested wording if a council asks for new-register information

When this applies

A local authority asks for Children Not in School register information and the family wants to understand the legal power, start date and scope of the request.

Suggested wording

Thank you for your message. Please could you confirm the legal power you are relying on, the commencement date for that duty, and the specific information you are asking us to provide? We are happy to respond to lawful requests and would like to make sure we understand the basis and scope of this request accurately.

Why this helps

It asks for clarity without refusing lawful contact, and it avoids escalating an ordinary education enquiry. It also keeps the reply calm and written.

Key terms explained

These definitions use the official wording where it helps. For example, GOV.UK children missing education guidance describes children missing education as children who are “not registered pupils at a school and not receiving suitable education otherwise than at a school”. Suitable elective home education is not automatically children missing education.

Children Not in School register

A local-authority register, created by the 2026 Act once the relevant provisions are in force, for eligible compulsory-school-age children who live in the authority area and are not receiving all their education through ordinary full-time school attendance.

Home education register

A parent-friendly shorthand, but not the safest official phrase. Use Children Not in School register because the register is wider than elective home education alone.

Elective home education

A choice by parents to provide education at home instead of sending a child to school full-time. It is different from local-authority-arranged education otherwise than at school.

Suitable education

Education that is efficient, full-time and suitable to the child’s age, ability, aptitude and any special educational needs.

Children missing education

Children of compulsory school age who are not registered pupils at school and are not receiving suitable education otherwise than at school.

School Attendance Order

A formal order requiring a parent to cause their child to become a registered pupil at a named school where the legal conditions are met.

Section 47 enquiry

A child-protection enquiry under section 47 of the Children Act 1989 where there is concern that a child may be suffering, or likely to suffer, significant harm.

Local authority consent

For the 2026 Act, a future requirement for the parent of a limited category of relevant child to get local authority consent before withdrawing the child from school for education otherwise than at school.

EHC plan and special school

An EHC plan at mainstream school does not automatically mean council permission is needed, but current GOV.UK guidance says permission is needed where a child with SEN attends a special school.

Official sources and further reading

This guide is based on official legislation and government guidance. Community commentary can be useful for understanding concerns, but it should not replace official legal sources.

  • Children’s Wellbeing and Schools Act 2026

    Enacted Act and core source for Children Not in School, consent, information and School Attendance Order provisions.

    Open source
  • GOV.UK announcement

    Government explanation of the Act becoming law and the purpose of Children Not in School registers.

    Open source
  • GOV.UK home education page

    Parent-facing current guidance on home education, national curriculum, SEN, special schools and School Attendance Orders.

    Open source
  • DfE elective home education guidance

    Guidance for local authorities and schools on elective home education in England.

    Open source
  • Children missing education statutory guidance

    DfE guidance for distinguishing children missing education from suitable education otherwise than at school.

    Open source
  • Working Together to Safeguard Children 2026

    Safeguarding guidance relevant to section 47 context and information sharing.

    Open source

Related Ed Centre pages

These linked pages help students and parents move between closely related guidance instead of reaching a dead end.

Section overview

Home education news and explainers for families

Source-led guides for moments when home-education rules, statistics or local-authority expectations change. Read dates carefully and pair posts with current official guidance for your UK nation.

Related guide

Homeschooling Statistics UK: Why Interest Is Rising

A 2025 survey suggests more parents are exploring home education. Here is what the figures mean, how they compare with official data, and what families should weigh up before making a decision.

Support and clarity

Frequently asked questions

Straight answers to the questions people ask most often.

Is home education still legal in England?

Yes. Home education remains lawful in England. Parents must make sure their child receives efficient, full-time education suitable to the child’s age, ability, aptitude and any special educational needs, either by school attendance or otherwise. GOV.UK also says home educators do not have to follow the national curriculum.

Is the Children Not in School register already live?

The Act is now law, but many Children Not in School duties come into force only on dates set by regulations. As this guide was last reviewed on 12 May 2026, families should prepare for the register and watch official updates, but should not assume every register duty is already active unless official commencement regulations say so.

Is this a national home education register?

The official framework is a Children Not in School register held by each local authority. Calling it a home education register is understandable, but narrower than the Act’s wording because the register can cover more than elective home education alone.

What information may home educators have to provide?

The Act includes information about the child, parents, how and where education happens, and prescribed details about non-parent education providers where applicable. Several duties include 15-day periods or minimum response periods, but the final practical forms and provider thresholds depend on regulations and guidance.

Can the local authority inspect my home if I home educate?

The Act should not be described as giving an automatic inspection power over every home-educating family. It allows a home-visit request after registration, and refusal must be treated as a relevant factor when deciding whether to serve a preliminary School Attendance Order notice. Existing law also allows local authorities to make enquiries where suitable education is unclear.

Do I need local authority consent to withdraw my child from school?

Not in every case. Current GOV.UK wording says a school must accept a complete withdrawal request, but there are important caveats for children attending school because of a School Attendance Order and children with SEN at a special school. The Act also creates a future consent rule for a limited category of relevant children.

Does an EHC plan mean I need council permission to home educate?

Not automatically. GOV.UK says council permission is not needed where a child attends a mainstream school, even if the child has an Education, Health and Care plan. Permission is needed where a child with SEN attends a special school.

What changes if there is a section 47 child-protection enquiry?

The Act uses section 47 child-protection concepts in the future consent and School Attendance Order safeguards. That does not mean ordinary home education is a safeguarding concern. But if a child is subject to relevant section 47 enquiries or action, families should get case-specific advice before withdrawing from school or responding to formal requests.

What should home-educating families do now?

Prepare calmly: keep a clear education overview, examples of learning, details of tutors or other structured provision, and correspondence from the school or local authority. Do not create unnecessary school-style paperwork or assume final forms and duties before official regulations and guidance are in force.

Sources and references

Sources and references

  • 1.
    Children’s Wellbeing and Schools Act 2026

    legislation.gov.uk / The National Archives · Royal Assent 2026-04-29; current Act version listed 2026-05-08 · Accessed

    Enacted Act used for the Children Not in School register, consent, information, home-visit request and School Attendance Order provisions.

  • 2.
    GOV.UK

    Department for Education / GOV.UK · · Accessed

    Government announcement confirming the Act became law and explaining the stated purpose of Children Not in School registers.

  • 3.
    GOV.UK elective home education guidance

    Department for Education / GOV.UK · Last updated 2024-08-19 · Accessed

    Guidance for local authorities and schools about elective home education in England.

  • 4.
    GOV.UK home education page

    GOV.UK · No visible publication date · Accessed

    Parent-facing current guidance on home education, curriculum, School Attendance Orders, SEN and special-school permission rules.

  • 5.
    GOV.UK children missing education guidance

    Department for Education / GOV.UK · Updated 2025-09-08 · Accessed

    Statutory guidance for local authorities and schools on children missing education in England.

  • 6.
    GOV.UK safeguarding guidance

    Department for Education / GOV.UK · Updated 2026-03-18 · Accessed

    Statutory guidance for safeguarding context, including section 47-related concerns.

  • 7.
    GOV.UK education statistics methodology

    Explore education statistics / GOV.UK · Published 2026-01-15; last updated 2026-01-13 · Accessed

    Definitions of elective home education, education otherwise than at school and children missing education for England statistics context.