Guide · For tutors, centres and groups
\"Without a parent present\": what counts and what doesn't
The Act does not actually say "present". Its test is whether any parent of the child is "actively involved in the tuition or supervision". That is a higher bar than being in the building, and it has not been defined.
Last checked 10 November 2026. This is general information, not legal advice.
Why the wording matters
Earlier government papers described the duty as applying when no parent was present. The final Act is more specific. A parent sitting in the car park is present in one sense. They are not obviously involved in tuition or supervision.
Tuition or supervision
The parent does not have to be teaching. Supervising is enough. So a parent who stays in the room and looks after their own child, while you teach, has a good argument that they are involved.
How common situations might fall
These are cautious readings. Guidance may say otherwise.
| Situation | Parent actively involved? |
|---|---|
| Parent co-teaches or helps their child through the session | Yes |
| Parent stays in the room and supervises their child | Probably |
| Parent waits in another room or outside | Probably not |
| Parent drops off and leaves | No |
| Online lesson with a parent sitting alongside | Probably |
| Online lesson with a parent elsewhere in the house | Unclear |
| Another child's parent is in charge | No, for this child |
The last row matters for co-ops. The test is about a parent of that child. Another family's parent does not count.
It is measured per child, and per hour
In one session you may have some children with a parent involved and some without. Only the second group's time counts.
A notice can ask for two figures for each child: total time with you, and time without a parent actively involved.
What to record
Add one column to your register: did this child's parent take part today? A tick is enough.
That one column is what separates a provider who can show they are below the threshold from one who cannot.
If you and a council disagree
Reply to the notice and explain your reasoning. If a penalty is proposed, you can make representations and then appeal to the First-tier Tribunal.