Guide · For everyone
The Children Not in School register explained
Every council in England will have to keep a register of children who live in its area and are not in school full-time. The law is passed, but the register is not running yet, and several details still wait on regulations.
Last checked 10 November 2026. This is general information, not legal advice.
Where the register comes from
The Children's Wellbeing and Schools Act 2026 became law on 29 April 2026. Section 38 adds new sections 436B to 436G to the Education Act 1996. Those sections create the register, usually shortened to CNIS.
Who goes on it
A child is eligible if three things are true:
- they live in the council's area
- they are of compulsory school age
- they are not a registered pupil at a school, or they are registered but, by arrangement with the school, are educated elsewhere for some or all of the school day
That second group includes flexi-schooled children. It also covers some 14 to 16 year olds who attend a college part-time. Regulations can add detail or exclude particular cases.
What the register must hold
For each child, the Act requires:
- name, date of birth and home address
- any other addresses where the child lives
- each parent's name and address
- which parent provides the education
- an estimate of the time spent being educated by a parent, and by anyone else
- details of any outside provider who educates the child for more than a set amount of time
Councils will also record further information where they already hold it or can reasonably get it. The list in the Act includes special educational needs, school history and some safeguarding information. Regulations will set the full list.
A council may not publish register information in a form that identifies a child or parent.
What parents and providers have to do
Parents must tell the council when a child becomes eligible, and keep the core details up to date. Our guide for parents covers the time limits.
Some providers of out-of-school education must answer a council's written request about the children they teach. Our guide to the provider duty explains who is caught.
What councils must do in return
If a parent of a registered child asks, the council must give advice and information about the child's education. In England, councils must also offer parents a forum twice a year.
What is still undecided
- the date the register starts
- the "prescribed amount of time" that brings a provider into scope
- the size of the penalty for providers who do not respond
- the full list of extra information councils will record
The Department for Education has said it will consult on draft guidance and regulations first.