Guide · For tutors, centres and groups

The threshold explained: how many hours before the duty applies?

There is no number yet. The Act says a provider is only in scope above a "prescribed amount of time", and leaves the amount to regulations that have not been made.

Last checked 10 November 2026. This is general information, not legal advice.

What the Act allows

Regulations can set the amount in any of three ways:

a number of hours
a share of a set period, such as a week
a share of the total time the child spends in education

These lead to very different results. Ten hours a week is the same for every child. A share of the child's education is not: six hours could be a small part of one child's week and most of another's.

Only some time counts

The test is time spent without any parent actively involved in the tuition or supervision. Hours when a parent takes part do not count towards the provider duty.

Two thresholds, not one

The Act uses a prescribed amount of time in two places:

to decide which providers a parent must name for the register
to decide which providers a council can send a notice to

Regulations could set these at the same level or at different ones.

What has been said so far

The Tutors' Association reports that officials suggested the threshold might be hours of provision a week. The Association has argued for no threshold at all, so that every academic provider is treated alike. Neither is decided.

How it will be decided

The Department for Education consults on the content of the regulations.
The regulations are made.
The duty comes into force.

The consultation is the moment to speak. If a low threshold would swamp your small group with paperwork, say so with real numbers.

How to prepare without knowing the number

Record three things for each home-educated child:

hours per week with you
hours per week with a parent taking part
weeks per year you run

With those, you can test yourself against any threshold the day it is announced.