Guide · For tutors, centres and groups
Am I an out-of-school education provider under the new Act?
Probably, if you teach children in any organised way outside a school. The definition is wide. Being a provider is not the same as being caught by the duty, though, and most providers will not be.
Last checked 10 November 2026. This is general information, not legal advice.
The definition
The Act describes out-of-school education as any programme or course of education, or any other kind of structured education, that is not delivered as part of a school.
That covers a great deal: tutoring, tuition centres, co-op classes, online courses, and likely many clubs with a teaching element. It does not depend on being paid, being a company or having premises.
Four questions that decide whether the duty reaches you
1. Is the child eligible for the register? The register is for children of compulsory school age who are not in school full-time. Pupils who attend school full-time are outside it.
2. Do you teach that child for more than the prescribed amount of time? Regulations will set this. They can measure it in hours, as a share of a period, or as a share of the child's total time in education.
3. Is a parent actively involved? The duty applies to time when no parent of the child is actively involved in the tuition or supervision.
4. Has a council sent you a notice? The duty is to answer a notice. Without one, there is nothing to do.
You are only caught when the answer to the first, second and fourth is yes, and the answer to the third is no.
Individuals and organisations
The Act says "person" and does not separate individuals from organisations. A sole tutor can receive a notice. So can a company or a group.
Exceptions
Regulations may create exceptions to the duty. None has been published.
What we still don't know
- the prescribed amount of time
- how "actively involved" will be explained in guidance
- which exceptions, if any, will be made
A sensible position until then
Assume you might be asked one day, and keep a light record of sessions with home-educated children. It protects you whichever way the rules land.