Guide · For tutors, centres and groups
A council has asked me about a child I teach. What do I do?
First work out what kind of request it is. Today, the register duty is not in force, so a council letter about the register is a request and not a legal notice under it. Once the duty starts, a formal notice will give you at least 15 days to reply.
Last checked 10 November 2026. This is general information, not legal advice.
Step 1: Read what it actually asks
Look for three things:
- which law the council says it is using
- which children it is asking about
- the date it wants a reply
If the letter does not name a legal power, ask the council which one it relies on. That is a reasonable question.
Step 2: Check whether the register duty has started
Until the provider duty in the Children's Wellbeing and Schools Act 2026 is switched on, you are not under that duty. You may still choose to help, and safeguarding concerns are a separate matter with their own rules.
Step 3: Tell the family
Unless there is a safeguarding reason not to, let the parents know the council has been in touch. Families trust providers who are open with them.
Step 4: Once the duty is in force, answer what is asked
A formal notice can require two things:
- confirmation of whether you educate eligible children above the set time, or have in the last three months
- for each child: name, date of birth, home address and time spent with you, including time without a parent actively involved
Give those and nothing more. You are sharing personal data, so share only what the law requires.
Step 5: Reply in writing and keep a copy
Send your answer by a method you can prove. Keep the notice, your reply and the date you sent it.
If you think the notice is wrong
You might not be in scope. The hours may be below the threshold, or a parent may always be involved. Reply anyway and say so, with your reasons. Silence is what puts you at risk of a penalty.
If a penalty is threatened
The council must send a warning notice first. You get 14 days to make representations. You can appeal a penalty to the First-tier Tribunal. No penalty can follow from a notice served in the first three months of the duty.
Make the next one easy
Keep an attendance record as you go. Then any future request is a matter of looking up numbers you already have.