Home Education and the Law in England: Understanding Your Rights and Responsibilities

This guide was last reviewed in September 2026. It is general information for families, not legal advice. The law on home education is changing, so please check the date and read the section on the 2026 Act below.

Legal Foundation in England

Home education in England operates under a clear legal framework providing substantial parental rights while ensuring children’s educational welfare. Section 7 of the Education Act 1996 states: “The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable (a) to his age, ability and aptitude, and (b) to any special educational needs he may have, either by regular attendance at school or otherwise” (Education Act 1996, s.7).

The crucial phrase “or otherwise” explicitly permits home education as a legitimate alternative to school attendance. For most children this right needs no permission from schools or local authorities. The exceptions are set out below.

This page covers England. The Education Act 1996 also applies in Wales, but the rules on school registers and the guidance for local authorities are different there.

The law is changing: the Children’s Wellbeing and Schools Act 2026

The Children’s Wellbeing and Schools Act received Royal Assent on 29 April 2026. It does not remove the right to home educate, but once its home education measures are brought into force it will:

• require every local authority to keep a register of children not in school;
• require parents to give their local authority the information needed for that register, reported as within 15 days of their child becoming eligible;
• require local authority consent before certain children can be taken off a school roll to be home educated, including children who are the subject of child protection enquiries or a child protection plan, and children at special schools.

These measures are not yet in force. They will start on dates set by regulations, and the Department for Education has told local authorities that until then the existing law and guidance still apply. Everything below describes the law as it stands today, and we have marked the points that will change.

What Home Education Does NOT Require

Importantly, the law does NOT require home-educating parents to:

• Hold teaching qualifications or credentials
• Follow the National Curriculum
• Take national tests or examinations (though students may choose to)
• Observe school hours, days, or terms
• Have fixed timetables or give formal lessons
• Provide specific facilities or resources
• Seek permission from schools or local authorities (except in the cases described under Notification Requirements)
• Submit to automatic home visits or assessments

These freedoms provide flexibility for diverse educational approaches matching family philosophies, values, and circumstances (DfE, 2019).

What Home Education DOES Require

Parents choosing home education DO have legal responsibilities:

Suitable Education: Education must be efficient, full-time, and suitable to the child’s age, ability, aptitude, and any special educational needs. “Suitable” is interpreted broadly, encompassing diverse educational philosophies and approaches provided they genuinely educate the child.

Special Educational Needs Recognition: If a child has identified special educational needs, education must address these appropriately. If your child has an Education, Health and Care Plan, the plan stays in force and is still reviewed every year. The local authority’s duty to secure the provision in the plan does not apply where you have made suitable alternative arrangements yourself (Children and Families Act 2014, s.42(5)), so check what support will continue before you decide.

Notification Requirements: If removing a child from the school roll, parents must notify the school in writing. The school then removes the child from the register and notifies the local authority. For children attending special schools under arrangements made by the local authority, local authority consent is required before deregistration. A child who attends a school named in a school attendance order cannot be deregistered in this way while the order is in force. If a child has never attended school, no notification is currently legally required, though voluntary notification may be advisable. This will change when the 2026 Act measures commence.

Local Authority Role and Powers

Local authorities have a duty to identify children not receiving suitable education (Education Act 1996, s.436A). They may make informal enquiries of home-educating families to satisfy themselves that suitable education is being provided. However, their powers are limited:

• No Automatic Right of Entry: Local authority representatives have no automatic right to enter your home or insist on meeting your child
• Multiple Response Options: Parents may respond to enquiries through written reports, work samples, or meetings (home or elsewhere)
• School Attendance Orders: Only if it appears children are NOT receiving suitable education may local authorities serve school attendance orders requiring school enrolment

Please do not ignore an enquiry. You can decline a home visit, but the Department for Education’s guidance is clear that if a parent gives no information at all, the local authority will normally be entitled to conclude that the child does not appear to be receiving suitable education, and that can lead to a formal notice and then a school attendance order (DfE, 2019, guidance for local authorities, paras 6.5 and 6.10). A short written report with some examples of work is usually enough.

Parents do not need the agreement of the school or the local authority to home educate a child at a mainstream school. If you feel pressured by a school to home educate, that is known as off-rolling and it is not acceptable. Speak to your local authority.

Practical Deregistration Process: Step-by-Step Guidance

Step 1: Notify the School

Write to the headteacher or school proprietor stating your intention to home educate. The letter should be brief and clear, and it must name the last day your child will attend:

“Dear [Headteacher Name],

I am writing to inform you that [child’s name], date of birth [date], will no longer attend [school name] after [date], and from that day will be receiving education otherwise than at school.

Please delete [his/her] name from the admission register once that day has passed and inform the local authority, as required by regulations 9(1)(f) and 13 of the School Attendance (Pupil Registration) (England) Regulations 2024.

Yours sincerely,

[Your name]”

You are NOT required to provide reasons, explain your educational plans, or justify your decision. While you may choose to add thanks or explanations if you have had positive school relationships, this is entirely optional. Keep a copy of the letter and proof of the date you sent it.

Step 2: School Must Remove Your Child from the Roll

The School Attendance (Pupil Registration) (England) Regulations 2024, which replaced the 2006 Regulations on 19 August 2024, say the school must delete a pupil’s name from the admission register when “a parent of the pupil has told the proprietor in writing that the pupil will no longer attend the school after a certain day and will receive education otherwise than at school”, once that day has passed and provided no school attendance order names the school (regulation 9(1)(f)).

Regulation 13 then requires the school to make a return to the local authority when it deletes a pupil’s name.

Important: Once the day in your letter has passed, a mainstream school CANNOT delay deregistration, require meetings, insist on local authority approval, or compel continued school attendance. Your child should keep attending until the day you have named.

Step 3: School Notifies Local Authority

The school—not parents—has the legal duty to inform the local authority. If schools fail to do so, this is a problem between the school and local authority with no implications for parents. Therefore, parents do not currently have to contact local authorities themselves but may wait for local authority contact. Once the 2026 Act measures commence, parents will have their own duty to give information to the local authority. We will update this page when that happens.

Step 4: Respond to Local Authority Enquiries (If Made)

If the local authority contacts you, you may respond in various ways:

• Provide a Written Report: Describe your educational provision, approaches, and how you’re meeting your child’s needs
• Share Work Samples: Evidence of educational activities and progress
• Meet Representatives: Either at home or elsewhere, with or without your child present

You can choose how you respond, but do respond. See "Please do not ignore an enquiry" above.

If contacted very early after deregistration, you may reasonably ask for a short period to establish your educational approach before providing detailed evidence.

Step 5: Continue Educating

Focus on providing suitable education matching your child’s needs, interests, and your family’s values and circumstances. Remember, you have substantial freedom in how you educate, provided the education is genuinely suitable. Our guide to getting started is here: Planning Your Home Education.

Dealing with School Refusal or Delays

On rare occasions, poorly-informed schools refuse or delay deregistration. This is not lawful for a mainstream school but may occur. If schools:

• Insist on meetings before deregistering
• Demand local authority approval
• Require continued school attendance after the day you have named
• Delay removing your child from the register

Send a firm letter citing the School Attendance (Pupil Registration) (England) Regulations 2024, regulation 9(1)(f), and reminding the school of their legal obligations. If problems persist, contact the local authority or seek support from home education organisations.

How Raedan Institute can help

We support home-educating families in Leicester with part-time teaching in English, Maths and Science, and as an AQA approved examination centre we accept private candidates. Find out more on our Alternative Education page or contact us.

For the full legal reference, including case law, special educational needs and school attendance orders, read our detailed home education legal guide.

Sources and further reading

• Education Act 1996, section 7
• School Attendance (Pupil Registration) (England) Regulations 2024, regulation 9
• Elective home education: government guidance
• GOV.UK: Educating your child at home
• Children’s Wellbeing and Schools Act 2026 www.legislation.gov.uk/ukpga/2026/" rel="nofollow">legislation.gov.uk