Key Facts
| Council duty | Identify children not receiving suitable education (Education Act 1996, s.436A); no formal monitoring power |
|---|---|
| Usual contact | At least annually, under DfE guidance for local authorities |
| Formal notice | s.437(1) notice; at least 15 days to respond |
| Next step | School attendance order if not satisfied and attendance is expedient (ss.437–443) |
| Children not in school registers | Children's Wellbeing and Schools Act 2026; not yet commenced at 26 October 2026 |
Figures correct at the time of writing. Confirm current fees and deadlines with the school or university directly.
Elective home education is the legal term in England for a parent's choice to educate a child at home instead of at school, and the local authority's part in it is to check that the education is suitable, mainly through informal enquiries. Parents do not need the council's approval to home educate in most cases, and they are not legally obliged to answer an enquiry or allow a visit, but a council with no information may conclude that the education does not appear suitable. Most families satisfy the council with a short written report on the education and some examples of the child's work.
What does the local authority do in elective home education?
The council has no formal power or duty to monitor home education, but section 436A of the Education Act 1996 requires it to make arrangements to identify children in its area who are not receiving a suitable education. The Department for Education's guidance for local authorities asks each council to publish a home education policy, give families a named contact who understands a range of educational approaches, and make contact with home-educating parents at least once a year.
Contact usually starts when a school tells the council that a child has been removed from its roll for home education, or when a parent gets in touch. The officer, often called an elective home education officer or adviser, then writes to the family, explains the council's policy and asks how the child is being educated.
What can the council ask, and what do you have to provide?
The council can ask for information about the education you provide, and the guidance says it can ask to see the child, at home or somewhere else. In education law you are not obliged to reply, to agree to a meeting or a visit to your home, or to provide any particular evidence.
That freedom has limits in practice. The guidance tells councils that if a parent does not respond, or responds without information about the education, it will normally be justified in concluding that the child does not appear to be receiving a suitable education, which leads to a formal notice. Refusing a visit can, in some circumstances, justify a formal notice too.
| Request | Legally required? | Common way to respond |
|---|---|---|
| Information about the education provided | No, but no response can lead to a formal notice | A written report or a completed council form |
| Examples of the child's work | No | Photographs or copies of a range of work over time |
| A meeting with the parent | No | A meeting at a library, council office or online, or a written report in place of it |
| To see the child | No | A meeting outside the home, or a report instead |
| A visit to the home | No | Agree, or offer a meeting elsewhere or a written report |
The guidance also tells councils not to dismiss information simply because it is not in a form they prefer, such as a report by a qualified teacher.
Featured tutors
Ellis A.
Master TutorI'm Head of Computer Science at a secondary school in Cornwall, where I lead staff CPD, after seven years in technology consulting. I teach GCSE and A-Level Computer Science, and I'm known for explaining the algorithms pupils find hardest in plain terms, little and often.
Enquire about this tutor
Michael M.
Master TutorI taught Economics for nine years, latterly as Head of Economics at Winchester College, and I examine for AQA and Edexcel. I teach Economics and Business Studies to A-Level and prepare Oxbridge and UCAS applicants, working from Rosenshine's principles of direct instruction.
Enquire about this tutor
Michael O.
Master TutorI have a First in Economics from York and an MSc from UCL, and have tutored for seven years, including SEN students. I teach maths, economics, physics, chemistry and biology to GCSE, A-Level, IB and AP. I build strong foundations so advanced questions feel intuitive.
Enquire about this tutorHow to write a home education report
A good home education report shows the council that the education is actually being provided and that the child is making progress. The guidance warns councils that a statement of intent, or a description of a teaching philosophy on its own, does not show that a suitable education is happening, so the report needs to describe what the child has done.
The outline below is an original example of a structure that covers what councils need to see. Two to four pages is usually enough.
- About the child. Age, interests, strengths and any special educational needs, in a few sentences.
- Your approach. How you teach, whether structured, semi-structured or child-led, and why it suits the child. Keep this short.
- What the child has been learning. Subject by subject or area by area: English (reading, writing, speaking), mathematics, and the other areas you cover, such as science, humanities, languages, the arts, physical activity and practical skills. Name the resources, courses, tutors or groups you use.
- Time. Roughly how the week is spent, including learning outside formal sessions, since the guidance accepts that home education need not mirror school hours and still expects parents to be able to show how much time is spent.
- Progress. What the child can do now that they could not do before, with examples. Short dated notes over the year make this easy.
- Social and wider development. Activities, clubs, groups and time with other children and adults.
- Plans. What comes next, including any exams the child may sit as a private candidate.
- Examples of work. A selection across subjects, dated if possible.
For a family just starting, the report can describe the first weeks in detail and the plan ahead, with a note that more evidence will follow. The guidance says it would be unrealistic for a council to judge suitability a few days after home education starts, but also that there is no legal basis for a long period of "deschooling" without education, so it helps to show the learning that is already under way.
What happens if the council is not satisfied?
If informal enquiries do not satisfy the council, it moves to the formal process in sections 437 to 443 of the Education Act 1996. Each stage is a chance to provide more information.
- Section 437(1) notice. The council serves a written notice requiring you to satisfy it that the child is receiving a suitable education. You have at least 15 days from the day it is served.
- School attendance order. If you do not satisfy the council and it thinks school attendance is expedient, it must serve an order naming a school. The guidance gives examples where it may not be expedient, such as a child within weeks of the end of compulsory school age.
- Revocation. You can apply at any time to have the order revoked by showing that suitable education is now in place, and you can refer a refusal to the Secretary of State.
- Court. If the order is not complied with, the council can prosecute or apply for an education supervision order, and the court decides whether the education is suitable.
The home education in England guide sets out the legal duty behind each stage.
Visits, safeguarding and your rights
The council's general safeguarding duty does not, on its own, entitle it to insist on visiting a child's home or seeing the child simply to monitor home education. Separate child protection powers under the Children Act 1989 apply in the same way to every child, home educated or not, and are not part of the routine home education process.
Many families find a short meeting useful, since it builds a working relationship and can be quicker than writing a full report. Others prefer written contact only. Either approach is lawful, provided the council receives enough information to reach a view.
Support the council may offer
Councils are encouraged, but not required, to offer support, and what is available varies widely. Common examples include a named adviser, information on exam centres for private candidates, signposting to local groups and, in some areas, discretionary help with exam fees or for children with special educational needs. The funding guide covers what support exists nationally, and the exam centres guide covers entering exams as a private candidate.
How the rules are changing
The Children's Wellbeing and Schools Act gives councils in England and Wales a duty to keep registers of children not in school, requires parents to provide information for the register, and gives councils a duty to offer support to home-educating parents who ask for it. These provisions take effect only when the government brings them into force, and until then the process above applies. Their status is shown in the key facts on this page.
Related guides
- Home education in England: the law and your duties
- How to deregister your child from school
- Home schooling in the UK: the law in each nation
- Home education curriculum by age
Tutoring for home-educated children with Taylor Tuition
Families preparing for a council review often find that regular sessions with a tutor give a clear record of work and progress in the subjects the tutor covers, since families receive progress reports after sessions. More than half of our tutors hold Qualified Teacher Status and around three in five hold a master's degree or doctorate, and tutors who work with children hold an enhanced DBS check, and most are registered on the DBS Update Service.
Sessions run online for families across the UK and internationally, and in person in central London. Fees start from £50 per 50-minute session and depend on tutor level and subject; there is no registration fee and the initial consultation is free.
Read more about our home education tutors, or send an enquiry and we reply with tutor recommendations.
Frequently asked questions
- What is elective home education?
- Elective home education is the term used in England, Wales and Northern Ireland for a parent's choice to educate a child at home instead of sending them to school. It is different from education the council arranges at home, for example for a child who is ill.
- Do I have to let the home education officer visit?
- No. In education law parents are not obliged to agree to a visit to the home or to the council seeing the child. Many families offer a meeting elsewhere or a written report instead, which councils should consider on its merits.
- What should a home education report include?
- It should show the education actually being provided and the progress the child is making: the areas studied, resources and tutors used, roughly how the week is spent, examples of work and plans for what comes next. A statement of philosophy on its own is not enough.
- How often will the council contact me?
- The Department for Education's guidance asks councils to contact home-educating families at least once a year. Where there were no earlier concerns, that contact is often brief.
- What happens if I ignore the council's letters?
- The council may conclude that your child does not appear to be receiving a suitable education and serve a formal notice under section 437(1), with at least 15 days to respond. If it is still not satisfied, it can serve a school attendance order.
Enquire about admissions support
Start your enquiryHow Taylor Tuition can help
Expert, one-to-one support from specialist tutors.
Editorial Notice
We use automated research tools to help collate and maintain information across our website. While each post is reviewed before publication, some details may be incomplete or inaccurate.
Taylor Tuition
Educational Consultancy
Contributing expert insights on education, exam preparation, and effective learning strategies to help students reach their full potential.