Guide · For tutors, centres and groups
Does the provider duty apply to online tutors and overseas providers?
Online teaching is not excluded, and the government has said some online and international providers may be caught. The Act does not spell out how a notice reaches an online-only provider, so some of this is unsettled.
Last checked 10 November 2026. This is general information, not legal advice.
The definition ignores location
Out-of-school education is defined by what it is: a programme, course or other structured education outside a school. Nothing in the definition says it has to happen in a room.
The Act also expects virtual provision. Where a child's education is delivered virtually, the register can record the provider's website or email address.
Children in other council areas
A council's notice can ask about any child you teach who lives in England or Wales. It is not limited to children in that council's own area.
So an online provider with pupils across the country could be asked by one council about all of them.
What ministers said
In the House of Lords in January 2026, the government acknowledged that providers with large online or international offerings may be captured by the duty.
The parent test still applies
The duty only counts time when no parent is actively involved in the tuition or supervision. Online lessons often happen with a parent nearby. Whether "nearby" amounts to "actively involved" is something guidance will need to explain.
How would a notice arrive?
The Act says a notice is served by sending it to, or leaving it at, the place where the education is provided. It also points to the general service rules in the Education Act 1996. It gives no specific method for online-only provision.
Providers based outside the UK
The Act does not say how a council would enforce a penalty against a provider abroad. If you are based overseas and teach many home-educated children in England, take advice once the regulations are published.
What to do now
- Record session lengths per child. Most platforms log this already.
- Note where a parent takes part.
- Keep each child's home address up to date, because a notice can ask for it.