Guide · For parents
When you need council consent to withdraw a child from school
Most parents will never need it. The 2026 Act requires a council's consent only for two groups: children placed at a special school by the council, and children who are the subject of child protection enquiries or action. The new rule is not in force yet.
Last checked 10 November 2026. This is general information, not legal advice. If this affects you, get advice early.
Who is covered
Your child must be of compulsory school age and on a school roll, and one of these must apply.
Special school placements. The council arranged your child's place at a special school, or at an independent school specially organised for pupils with special educational needs.
Child protection. A council is carrying out enquiries under section 47 of the Children Act 1989. Or it is taking action after such enquiries found your child is suffering, or likely to suffer, significant harm. Action taken in the previous five years also counts.
What is already the law
Consent for council-placed special school pupils exists today under the pupil registration rules. The Act puts it on a firmer footing and adds the child protection group.
How to apply
You apply to the council. The school can apply for you if you agree.
How the council decides
It must decide without undue delay. The Act sets no fixed number of days.
It must refuse if it considers that:
- regular school attendance is in your child's best interests, or
- no suitable arrangements have been made for education outside school
Otherwise it must grant consent.
The school must not take your child off the roll until consent is given.
If the council refuses
You can refer the question to the Secretary of State, who can decide it or send it back to the council.
After a refusal, the council only has to consider a new application once six months have passed.
If another parent disagrees with consent
A parent who objects to consent being granted can also refer the matter to the Secretary of State.
A pilot to know about
The Act also allows a pilot scheme in up to 30% of councils. In those areas, a meeting with the council would be required before any child is withdrawn for home education. Regulations and a consultation must come first.