Key Facts
| Legal duty | Efficient, full-time education suitable to age, ability, aptitude and any SEN (Education Act 1996, s.7) |
|---|---|
| Consent needed | Only for a child at a council-arranged special school, or attending school under a school attendance order |
| Leaving school | Written notice to the school that the child will be educated otherwise than at school from a given day (Pupil Registration Regulations 2024, reg. 9(1)(f)) |
| Council role | Informal enquiries under s.436A; s.437 notice and school attendance order if education appears unsuitable |
| Children's Wellbeing and Schools Act 2026 | Royal Assent 29 April 2026; home education register and consent provisions not yet commenced at 26 October 2026 (commencement regulations 2026/551, 2026/803, 2026/933 do not include them) |
Figures correct at the time of writing. Confirm current fees and deadlines with the school or university directly.
Home education in England is legal: parents have a duty to make sure their child receives an efficient, full-time education suitable to their age, ability, aptitude and any special educational needs, and they can meet that duty at home instead of at school. Parents do not need permission, a teaching qualification or a set curriculum, except in two cases where the council's consent is needed first: a child at a special school placed there by the council, and a child attending school under a school attendance order. The council's role is to check, through informal enquiries, that the education is suitable.
Is home education legal in England?
Yes. Section 7 of the Education Act 1996 places the duty on parents to secure a suitable education "either by regular attendance at school or otherwise", and home education is the "otherwise". GOV.UK's Educating your child at home page confirms that a child can be taught at home full-time or part-time, and that the school must accept a parent's decision to take a child out completely.
The duty covers compulsory school age, which in England starts on 31 December, 31 March or 31 August following a child's fifth birthday and ends on the last Friday in June of the school year in which they turn 16. After that, young people must stay in education or training until 18, and home education can count towards that.
What does the law require of home-educating parents?
The law requires the education to be efficient, full-time and suitable, and the Department for Education's guidance for parents explains how each word is read in practice, since none of them is defined in statute.
| Term | What the guidance says |
|---|---|
| Efficient | Education that achieves what it is intended to achieve |
| Full-time | No legal definition; parents should be able to show how much time the child spends being educated, and education that does not occupy a significant part of the child's life will probably not meet the duty |
| Suitable | Suited to the child's age, ability and aptitudes and any special educational needs; enables progress, aims at an appropriate minimum standard and prepares the child to live as an independent citizen in the UK |
The guidance adds that education may not be suitable if it is delivered somewhere it is very hard to work, if it leads to excessive isolation from other children, or if it directly conflicts with fundamental British values, though there is no requirement to teach those values.
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Enquire about this tutorWhat does the law not require?
The list of things parents are not required to do is long, and it is often a surprise to families leaving school. Under the Department for Education's guidance, home-educating parents in England do not have to:
- hold any qualification for teaching;
- follow the National Curriculum or provide a "broad and balanced" curriculum;
- keep school hours, days or terms, or have a timetable;
- give formal lessons, make detailed lesson plans or mark work;
- formally assess progress or set targets;
- aim for any particular qualification, including GCSEs;
- reproduce school-style peer groups or match age-related school standards.
Many families still do some of these by choice, and the guidance notes that paying attention to breadth, progress and assessment makes it easier to show the council that the education is suitable. The home education curriculum guide shows how families plan by age without following the National Curriculum.
Do you need permission to home educate?
No permission is needed in most cases. A parent whose child has never been to school has no legal duty to tell anyone, although the guidance recommends telling the council so the family can use any advice or support it offers.
For a child already on a school roll, the practical step is written notice to the school. Under the School Attendance (Pupil Registration) (England) Regulations, the school removes the child's name once a parent has told it in writing that the child will no longer attend after a certain day and will be educated otherwise than at school, and that day has passed. Until the name is removed, the parent can still be prosecuted for non-attendance, which is why written notice matters. The deregistration guide sets out each step, with a template letter.
Consent from the council is needed first in two cases:
- Special schools: a child at a special school under arrangements made by the council cannot be removed from the roll without the council's consent. If the council refuses, a parent can ask the Secretary of State to settle the dispute.
- School attendance orders: a child attending school because of a school attendance order can only be removed once the council has revoked the order.
A child with an education, health and care plan at a mainstream school needs no consent, though the council keeps duties under the plan. The home education with an EHCP guide explains how those duties work.
What can the council ask?
The council has no formal power or duty to monitor home education, but it has a duty under section 436A of the Education Act 1996 to identify children in its area who are not receiving a suitable education. To do that, it may make informal enquiries of parents about the education being provided.
Parents are not legally obliged to reply to an informal enquiry, to agree to a visit to the home or to produce specific evidence, but the guidance warns that a council receiving no information may conclude that the education does not appear to be suitable. Most families answer with a written description of the education and some examples of work. The local authority and elective home education guide explains what councils usually ask for, how to write an education report and what happens at each stage.
What happens if the council thinks the education is not suitable?
The formal process starts with a notice and can end in a school attendance order, and each stage gives parents a chance to respond.
| Stage | What happens | Parent's position |
|---|---|---|
| Informal enquiry | The council asks what education is being provided | No legal duty to answer, but silence can count against the family |
| Section 437(1) notice | The council formally requires the parent to satisfy it that the education is suitable | At least 15 days to respond with evidence |
| School attendance order | If not satisfied, and it considers school attendance expedient, the council must serve an order naming a school | Must register the child at the named school or apply for the order to be revoked |
| Prosecution or education supervision order | If the order is not complied with | A court decides whether the parent is meeting the section 7 duty |
A parent can ask the council to revoke a school attendance order at any time by showing that suitable education is being provided at home, and can refer a refusal to the Secretary of State.
How is the law changing?
The Children's Wellbeing and Schools Act added new home education provisions to the Education Act 1996 for England and Wales, but the provisions on registers and consent come into force only when the government brings them in by regulations. Until then, the law described above continues to apply.
| Measure | What it does once in force |
|---|---|
| Children not in school registers | Councils must keep a register of children of compulsory school age in their area who are not registered at a school, or are registered but educated elsewhere for some of the time, with details parents must provide |
| Support on request | Councils must offer support to home-educating parents who ask for it |
| Consent to withdraw | Council consent before removal from school for some children, including those at special schools and those subject to child protection enquiries or plans |
| School attendance orders | A revised process that councils can use where home education appears unsuitable or registration duties are not met |
The key facts on this page show whether these measures are in force. Councils' own home education pages and the GOV.UK guidance are the places to check before deregistering.
What does home education cost, and is there funding?
Parents who home educate take on the full cost of the child's education, including resources, tutoring and the fees for any public exams, which have to be sat as a private candidate at an exam centre. There is no general grant for home education in England. Some councils offer discretionary help, particularly with exam costs or where a child has special educational needs, and 14 to 16 year olds can sometimes attend a further education college part-time with the place funded.
The home schooling cost guide breaks down the main costs, and the funding guide covers what support exists. For exams, the GCSEs for home-educated children guide and the exam centres for private candidates guide cover subject choices, centres and fees.
Related guides
- Home schooling in the UK: the law in each nation
- How to deregister your child from school
- Elective home education and the local authority
- Home education curriculum by age
- Flexi-schooling: part-time school in the UK
Tutoring for home-educated children with Taylor Tuition
Families who home educate in England often bring in a tutor for the subjects a parent prefers not to teach, particularly once a child starts working towards GCSEs or IGCSEs as a private candidate. 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
- Do I need permission to home educate in England?
- Not in most cases. You give the school written notice and it removes your child from the roll. Council consent is needed first only if your child attends a special school under arrangements made by the council or attends school because of a school attendance order.
- Do home-educated children have to follow the National Curriculum?
- No. Parents in England do not have to follow the National Curriculum, keep school hours or terms, give formal lessons or aim for particular qualifications. The education must still be efficient, full-time and suitable to the child's age, ability, aptitude and any special educational needs.
- Does the council have to visit my home?
- No. The council can make informal enquiries about the education, and many offer a visit or meeting, but parents are under no legal obligation in education law to agree to a visit to their home. A written report and examples of work are a common alternative.
- How many hours a day is home education?
- There is no set number. The guidance says there is no legal definition of full-time and that home education does not have to mirror school hours. Parents should still be able to show how much time their child spends being educated.
- Is there a register of home-educated children in England?
- The Children's Wellbeing and Schools Act requires councils to keep registers of children not in school, and those provisions take effect only once the government commences them. Until then, some councils run voluntary registration schemes.
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