The Law Explained

Your New Legal Obligations

The Children's Wellbeing and Schools Act 2026(often just called the Children's Wellbeing Act) has been passed by Parliament and is set to come into force on 1 September 2026. Here's how to prepare for the changes.

Key takeaway: If you home educate a child of compulsory school age (5–16) in England, you must register with your Local Education Authority (LEA). You must also provide detailed information about everyone involved in your child's education — and keep that information up to date.

Who This Affects

Every parent in England who home educates a child of compulsory school age (5 to 16) will be subject to these requirements from September 2026. This includes:

Parents who have always home educated their child
Parents who removed their child from school to home educate
Parents using tutors, co-ops, or online curriculum providers
Parents who are the sole educator

The Five Main Changes

1. Compulsory Registration

You must register with the Local Education Authority (LEA) where your child actually lives — not where a school is located. There is no cost to register.

The LEA must:

Acknowledge your registration within 15 days
"Consider" your address within 15 days of registration
Maintain a register of home-educated children

2. What You Must Tell Your LEA (and When)

When you register — and whenever asked — you must provide:

Child's details: Full name, date of birth, home address
Parent's details: Your full name and contact information
Every person involvedin your child's education — tutors, co-op leaders, online teachers, anyone
Time spent: Approximate hours of education delivered by each person
Provider details: Any organisations or services you use

Any changes to this information must be reported to the LEA within 15 days.

3. When You Need LA Consent

Under the new rules, you will no longer be able to simply choose to home educate in certain circumstances. You will be required to obtain consent from the LEA first:

If your child is the subject of a Section 47 child protection investigation
If your child is subject to a child protection plan
If your child's case is open to children's social care under certain legal orders

⚠️ If any of these apply to you:You must get LA consent before you can home educate. If you're already home educating and these circumstances arise, you must notify the LEA immediately. Failing to get consent in these situations could be treated as a criminal offence.

4. LEA Powers and Enforcement

From September 2026, your LEA will have stronger powers to check on home-educated children:

Can request evidence that a suitable education is being provided
Can request home visits (you are not legally forced to agree, but refusing can trigger court action)
Can issue a school attendance order if they believe a child is not receiving a suitable education
Can apply to a magistrate's court if you fail to comply with requirements

5. Register of Education Providers

The Act also creates a register of individuals and organisations providing structured education to home-educated children. If you run a tutoring business, co-op, or online school, you may need to register.

What Counts as a "Suitable Education"?

The Act doesn't require you to follow the National Curriculum, use any specific method, or meet any particular academic standards. "Suitable education" means an education that:

Is appropriate to the child's age, ability, and aptitude
Prepares the child for opportunities in adult life

There is no requirement to sit GCSEs or any formal qualifications — though many home educators choose to.

What Doesn't Change

No curriculum requirement— you still don't have to follow the National Curriculum
No qualification requirement — no mandatory GCSEs or formal tests
No fee — registration is free
No Ofsted registration needed for informal home education

What If You Don't Comply?

If you fail to register or provide required information:

The LEA can issue a compliance notice
Continued non-compliance can result in a fine
The LEA can apply to court for a school attendance order

📋 The good news: For the majority of home educating families, the main change is the registration requirement. If you register and keep your information up to date, you're largely covered.

Next: How to Register →