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Homeschooling in England

The parent's duty, the council's role and the 2026 Act's register, with what we could and could not confirm.

GOV.UK says parents must make sure a child gets a full-time education from age 5 and need not follow the national curriculum. The Children's Wellbeing and Schools Act 2026, section 38, creates a register of children not in school in England and Wales. Section 78 says these sections start by regulations; check GOV.UK for when.

Checked October 29, 2026.

By Peabody editors.

This is a plain-words summary, not legal advice. Laws change: check your state's current law and its education department before you act.

What parents must do now (GOV.UK)

  • Make sure your child gets a full-time education from age 5.
  • You do not have to follow the national curriculum.
  • If your child is at school, tell the school you plan to home educate; a school must accept full withdrawal.
  • You need the council's permission first if your child is at a special school because of special educational needs, or is subject to a school attendance order.

What the council can do (GOV.UK)

The council can make an informal enquiry to check that your child is getting a suitable education, and can issue a school attendance order if it decides the child needs to be taught at school.

The Children's Wellbeing and Schools Act 2026

  • Section 38 adds a register of children not in school to the Education Act 1996, for England and Wales. Each local authority keeps it. Parents of an eligible child must tell the authority and give the information they hold, and respond to requests for updates, which can come at least once a year but no more often than every three months.
  • Section 37 requires a council's consent before parents withdraw certain children (those placed at a special school by a local authority, or subject to child protection action because of significant harm concerns) to home educate, and requires a pilot of meetings between parents and councils.
  • Section 78 sets commencement: sections 37 to 42 are not commenced automatically. In England they start on a day the Secretary of State sets by regulations, and in Wales by Welsh Ministers' regulations.

What we could not confirm

GOV.UK's home education page, as we read it on 29 Oct 2026, does not mention the register. We did not find out whether regulations have started it yet. Check GOV.UK and your local council.

Sources