Guide · For tutors, centres and groups

Do I become an independent school? The new rules on full-time settings

Only if you provide full-time education. Part-time groups and tutors do not have to register as schools. The 2026 Act widens the rules, though, so settings that teach a narrow curriculum for most of a child's week can now be caught.

Last checked 10 November 2026. This summary relies on a law firm's briefing, and we have not read these sections of the Act ourselves. Take advice before acting on it.

This is separate from the register

The Children Not in School register is about telling councils which children are out of school. The independent school rules are about which settings must register with the Secretary of State and meet set standards. A setting can be affected by one, both or neither.

Who is caught

According to the briefing by solicitors Ward Hadaway, a setting in England is caught if it provides full-time education for:

at least five children of compulsory school age, or
at least one child of compulsory school age who is looked after by a council or has special educational needs

What changed

A setting with a narrow curriculum can now be caught if it provides most of a child's education. Offering only a few subjects no longer keeps a setting outside the rules by itself.

What "full-time" means

There is no single number of hours. The briefing says it is judged case by case, looking at:

hours a week, including breaks and independent study
the number of weeks a year
the time of day

Regulations may add detail, and further guidance is expected.

What registration involves

Registered settings must meet the Independent School Standards. Running a setting that should be registered, without registering, is a criminal offence. Ofsted has powers to investigate.

Who should look closely

groups running three or more full days a week
settings whose families treat them as the child's main education
settings teaching any child with special educational needs for most of the week

Who probably need not worry

tutors teaching a few hours a week
co-ops meeting one or two days
clubs and enrichment sessions

What to do

If you are near the line, get legal advice now. The consequences here are more serious than a civil penalty.