Home education law UK: where groups and tuition centres cross the legal line

In England, a setting that meets the independent-school definition but is not registered with the Secretary of State for Education.

A setting cannot avoid the issue simply by using home-education language. DfE guidance says the test can apply “no matter what kind of setting it claims to be”.

In England, an organisation or individual providing tuition, training, instruction or activities to children without parent or carer supervision, where the setting is not a school or another listed regulated setting.

Tuition centres and private tuition can be lawful support, but the setting needs care if provision becomes full-time and school-like.

Education arranged by parents otherwise than through full-time attendance at school; many families call this home schooling.

Parents can use support, tutors or groups, but parents remain responsible for suitable education and third-party settings may have separate registration duties.

A threshold concept rather than a single UK-wide hours number. Welsh Government guidance explains full-time by looking at provision intended to give “all, or substantially all, of a child’s education”.

A few lessons a week is different from a setting that effectively replaces a school timetable for most of the child’s education.

An education, health and care plan. Wales guidance also refers to IDPs and statements of SEN in its own threshold wording.

In England and Wales, full-time provision for one compulsory-school-age child in the relevant vulnerability category can bring registration rules into play.

A child looked after by a local authority.

In England and Wales, full-time provision for one looked-after child of compulsory school age can be enough to bring the independent-school threshold into focus.

Occasional lessons, workshops, trips or short group sessions.

Regular daytime attendance for several days each week.

Children attend for most normal school hours and weeks, so the setting appears to provide most of their education.

Parents choose how the session fits into their child’s wider home education.

The provider sets a shared timetable, curriculum or attendance expectation.

The provider effectively takes over the child’s full-time learning programme.

Small or mixed informal groups, without full-time attendance.

Five or more compulsory-school-age children are present regularly, or full-time places are offered.

Full-time provision is offered to threshold pupils, including one child with an EHC plan or one looked-after child in England.

The provider explains clearly why it is part-time or supplementary and does not need school registration.

The provider gives vague answers about status or says it is exempt because it is a home-ed hub.

The provider appears full-time and school-like but cannot show school registration where registration would be required.

Clear safeguarding policy, named lead, safer recruitment approach, complaints process and premises arrangements.

Some safety information is available but important details are missing.

No clear safeguarding lead, staff-check process, complaints process or safe way to raise a concern.

The setting is not merely providing occasional or supplementary sessions; it is providing education that functions as the child’s main provision.

Ask for the weekly timetable, hours, weeks per year and whether attendance replaces other education.

If full-time education is provided to this group and the setting is not registered, independent-school registration concerns arise.

This is not about the name of the setting. It is about what it provides and who attends.

Full-time provision for one pupil in this category can bring the independent-school threshold into play.

The child’s plan is not the only test; full-time provision and registration status still matter.

Full-time provision for one looked-after child can bring the threshold into play.

Avoid asking for unnecessary personal data about other children; ask the provider how it assures itself that it is operating lawfully.

If the setting meets the legal definition and is not registered, DfE and Ofsted guidance treat it as an unregistered independent school in England.

Ofsted and DfE materials describe operating such a setting in England as a criminal offence.

Ofsted publishes guidance for telling it about possible unregistered schools in England.

Ofsted lists the email address unregisteredschoolreferrals@ofsted.gov.uk for this purpose.

DfE and Ofsted sources support the unregistered independent school definition, out-of-school setting wording, full-time threshold, criminal-offence wording and Ofsted contact details.

Use the England threshold only for England.

Welsh Government guidance says education is compulsory but school attendance is not, and gives separate independent-school registration guidance. It includes five or more compulsory-school-age learners, or one looked-after learner or learner with a statement of SEN, IDP or EHC plan, where full-time education is provided.

Welsh Government guidance explains full-time by considering whether provision gives “all, or substantially all, of a child’s education”, along with hours, weeks and time of day.

Scottish Government home education guidance was published in January 2025 and corrected by errata in May 2025. It supports Scotland-specific home-education context.

Do not import the England or Wales threshold into Scotland unless a current Scottish official source verifies it.

Department of Education NI guidance supports the home-education baseline and says independent schools are required by law to register with the Department.

Do not import the England or Wales pupil threshold into Northern Ireland without a current NI official source.