Tallybook

Guide · For parents

Is home education still legal in England after the 2026 Act?

Yes. The Children's Wellbeing and Schools Act 2026 does not ban or license home education. It adds a register, a consent rule for a small group of children, and a revised process for school attendance orders. None of those is in force yet.

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

What has not changed

Your duty is the same one parents have had for decades. You must make sure your child gets an efficient, full-time education suitable to their age, ability, aptitude and any special educational needs. You can do that at school or otherwise.

The Department for Education's guidance for parents is still the current one. It says you do not have to:

  • follow the National Curriculum
  • keep school hours, days or terms
  • hold teaching qualifications
  • give formal lessons or mark work
  • enter your child for exams

What the Act adds

A register. Councils will keep a list of children not in school. Parents will have to give basic details and keep them current.

Consent for some children. A parent will need the council's consent to withdraw a child who was placed at a special school by the council, or who is the subject of child protection enquiries or action.

A revised attendance order process. The steps a council follows when it thinks a child is not getting a suitable education are rewritten, with set time limits.

A duty on some providers. Tutors and groups above a time threshold must answer a council's notice.

Support. Councils must give advice and information to parents of registered children who ask for it.

What is not in the Act

  • no requirement to follow a curriculum
  • no routine inspections of home education
  • no requirement for a council's permission to home educate most children
  • no fines for parents who do not give register information

When it starts

The Act became law on 29 April 2026. The home education parts need regulations and guidance first. Reports of the Department for Education's plans point to 2027.

Sources