UK homeschooling requirements: What the law says

One of the most confusing bits of home educating in the UK is telling apart what the law requires from what a local authority (LA) might suggest. Both often get called "requirements" in welcome letters and information packs, but only one carries any legal weight.

This guide separates the two. It covers the actual statutory duties on parents in England (Section 7 and related provisions), the Department for Education's non-statutory guidance, and the common misconceptions that come up in LA correspondence. Wales, Scotland and Northern Ireland get their own quick sections at the end because the mechanics differ.

In England and Wales, Section 7 of the Education Act 1996 sets the whole thing:

"The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable to his age, ability and aptitude, and to any special educational needs he may have, either by regular attendance at school or otherwise."

Compulsory school age in England runs from the term after a child turns 5 to the last Friday in June of the school year in which they turn 16. The "or otherwise" clause is what makes home education lawful. If you're doing that, you've met the requirement.

There's no statutory definition of "suitable". Courts have looked at it case by case, notably in Harrison v Stevenson (1981) and the Talmud Torah case (1985), which established the framework LAs still use. The DfE's April 2019 guidance is clear that LAs "should not specify a curriculum or approach which parents must follow".

The DfE's April 2019 guidance for local authorities is unambiguous on this. Paragraph 2.4 spells it out:

"There are no specific legal requirements as to the content of home education, provided the parents are meeting their duty in s.7 of the Education Act 1996. This means that education does not need to include any particular subjects, and does not need to have any reference to the National Curriculum; and there is no requirement to enter children for public examinations. There is no obligation to follow the 'school day' or have holidays which mirror those observed by schools."

So none of the following is a legal requirement on parents in England:

LAs can, and often do, recommend most of the items above. That's different from requiring them. The DfE guidance repeatedly notes that parents are "under no obligation to accept support or advice from a local authority, and refusal to do so is not in itself evidence that the education provided is unsuitable".

If your child is already registered at a school, you can't just stop sending them. You have to deregister them formally, in writing, to the head teacher or school proprietor. This is a legal requirement in the sense that failing to do it exposes you to prosecution for non-attendance, even if you're providing a perfectly suitable education at home.

The governing rules are now the School Attendance (Pupil Registration) (England) Regulations 2024 (SI 2024/208), which came into force on 19 August 2024 and replaced the earlier 2006 regulations. Under Regulation 9(1)(f), a written parental notice that the child will be educated otherwise than at school is the trigger that lets the school remove the child's name from the admission register.

There's no statutory prescribed format. The letter needs to state clearly that the pupil will no longer attend from a specified day, and identify the pupil. You don't have to give a reason. The school then has to inform the LA of any deletion at a "nonstandard transition time" (Regulation 13(4) to (5)).

There are two situations where the LA's consent is required before deregistration takes effect.

First, if the child is a registered pupil at a special school where they were placed by the LA, Regulation 9(2) of the 2024 Regulations requires the LA's consent (or a Secretary of State direction). The DfE guidance says consent "must not be withheld unreasonably" and that the LA "should consider whether the home education to be provided would meet the special educational needs of the child, and if it would, should give consent".

Second, if a School Attendance Order is in force, the LA has to revoke it (or amend it) before the school can remove the child's name.

A mainstream school pupil who has an EHC plan does not need LA consent to deregister. The DfE guidance is explicit on this and reminds LAs that instructing a school to add a child's name to the admission register without parental agreement is "not lawful".

This is the practical distinction most families need.

Section 436A of the Education Act 1996 puts a duty on English LAs to "make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but are not registered pupils at a school, and are not receiving suitable education otherwise than at a school".

The DfE guidance is careful to note that this "should not be taken as implying that it is the responsibility of parents under s.436A to 'prove' that education at home is suitable. A proportionate approach needs to be taken". Read: an LA can ask, but the burden of proof isn't on you to satisfy a legal test.

If an LA becomes not satisfied that the education is suitable, the statutory route is Section 437 of the Education Act 1996. Section 437(1) requires the LA to serve a written notice on the parent "requiring him to satisfy them within the period specified in the notice that the child is receiving such education". Section 437(2) says the notice period "shall not be less than 15 days".

If the parent doesn't satisfy the LA within that window and the LA thinks it's expedient for the child to attend school, Section 437(3) requires the LA to serve a School Attendance Order naming a school. The order stays in force until the child reaches compulsory school-leaving age or the LA revokes it.

In 2023/24 the DfE recorded around 7,000 Section 437(1) notices and about 2,100 school attendance orders issued in England. The number of notices increased by roughly 80% year on year. Most home educators never see one, but the numbers are worth knowing.

The core duty is the same idea, but the procedural mechanics differ.

Wales works to the same Section 7 wording (with an "additional learning needs" limb rather than "special educational needs" post the ALNET Act 2018) and the Education (Pupil Registration) (Wales) Regulations 2010, which are still in force in Wales (they weren't replaced by the 2024 England regulations). Welsh Government has confirmed the 2010 regs will be amended to reflect the Children's Wellbeing and Schools Act 2026 changes.

Scotland uses Section 30 of the Education (Scotland) Act 1980 for the parental duty. Section 35 of the same Act requires LA consent to withdraw a child from a public school in Scotland, and that consent "shall not be unreasonably withheld". Scottish Government's home education guidance (updated 23 January 2025) is explicit that "there is no statutory duty upon local authorities to 'monitor' ongoing home education provision" and that consent isn't required if the child has never attended school.

Northern Ireland uses Article 45 of the Education and Libraries (Northern Ireland) Order 1986, which mirrors the Section 7 wording. The Education Authority is the relevant body.

The Children's Wellbeing and Schools Act 2026 (Royal Assent 29 April 2026) will change how this works in England once its provisions commence. Section 38 introduces a mandatory "Children Not in School" register, giving LAs a statutory list of home-educated children in their area. Section 37 inserts a new Section 434A into the Education Act 1996, requiring LA consent to withdraw certain children from a school's admission register (children at special schools placed by the LA, and children subject to a Section 47 welfare enquiry or a child protection plan, or who have been within a specified prior period).

As of July 2026, the substantive parental duty to register is not yet in force. The DfE has publicly signalled 2027 as the realistic target for commencement, following consultation on regulations and guidance. If you're reading this later, check gov.uk for the current commencement position.