The new rules will apply in England and Wales, although the implementation is still to come and the two nations may move at different speeds as their own regulations and guidance are developed.
In practical terms, the new law matters because it changes three key areas. First, some parents will need permission from the local authority before they can remove their child from school, in order to educate them at home. Second, local authorities will have to keep a register of children not in school. Third, local authorities will have wider powers to ask for information and to look more closely at the circumstances in which a child is being educated outside school.
Why has the law changed?
There has been concern that some children out of school become invisible and suffer harm, through a failure to oversee their well-being. A good example of this concern is the tragic case of Sara Sharif, whose death sharpened opinions about how a vulnerable child can become less visible to professionals once they are no longer regularly seen in school. In a written ministerial statement, the Government said the first steps to address those failures were set out in the Children’s Wellbeing and Schools legislation. The steps have the aim of improving information-sharing and helping to make sure that children not in school, including children in elective home education, are safe.
The introduction of registers recording children not in school is intended to help local authorities identify children who need support and protection, while stronger safeguards are intended to stop the most vulnerable children being withdrawn from school unless that is truly in their best interests. The new rules are about ensuring no child falls through the gaps between services.
What changes does the Act bring in for home education?
From my analysis of the Act, the headline changes are these. Some parents will need local authority consent before withdrawing a child from school for home education. Local authorities will be required to maintain a register of children not in school. Lastly, parents will need to provide information for that register and keep it up to date once the scheme is live. Local authorities will also have powers, shortly after registration, to consider where the child lives and to request a home visit to the child. Refusal of that request can be taken into account if the authority is considering whether to start the process that may lead to a school attendance order.
That is a real change of approach. Until now, home education has often operated within a framework where formal notification and day-to-day oversight were comparatively limited. The new model is designed to ensure that children educated at home are known to the relevant authorities and are not allowed to be forgotten.
Which children will be affected by the new permission rules?
The new requirement for permission will not apply to every child who is home educated. It applies to a relatively small group of children of compulsory school age who are already on a school roll. In broad terms, that group includes children placed by a local authority at a special school, or at a specialist independent school for special educational needs, or children where there is an ongoing child protection concern.
The parents most immediately affected are likely to be those whose child is in a specialist placement, or whose family history means the local authority is already involved because of serious safeguarding concerns. Those are the cases where the Act gives local authorities a much more direct role before a child can be removed from school for home education.
What is the procedure for parents who need permission?
If a parent of a child in that defined group wants to remove their child from school for home education, the parent must apply to the relevant local authority for consent. The local authority must make its decision without undue delay. If the authority considers that it is in the child’s best interests to receive education through regular attendance at school, it must refuse consent.
When a parent tells the school they intend to withdraw their child in order to educate them at home, the school must notify the local authority for the school’s area and, if different, the local authority responsible for the child. In practice, that means a parent’s notice to the school will trigger local authority involvement.
The new register of children not in school
One of the most important parts of the new framework is the duty on local authorities to maintain a register of children not in school. This does not only cover children who have never been enrolled. It also covers some children who are still on a school roll but who are, by arrangement, being educated otherwise than at school for some or all of the time when a child in full-time education would usually be expected to attend. It also captures some part-time students.
Once this framework is in place, registration will become mandatory for those children who fall within it. In short, local authorities are expected to know which children in their area are not receiving education in school and what arrangements are in place for their education.
Do the new home schooling rules apply in both England and Wales?
The relevant provisions apply in England and Wales. That said, the implementation timetable is expected to differ because the two nations will have their own regulations and guidance.
When will it start, and what is the position on a pilot scheme?
The Act received Royal Assent on 29 April 2026, but the home education parts are not yet in force. We are unlikely to see any changes until next year, because further regulations and guidance are needed. There will be a pilot scheme launched within the next two years. That scheme will operate for a couple of years, meaning that it is unlikely this new scheme will be rolled out across the country much before the end of the decade.
Frequently asked questions
1. Is home education still legal?
Yes. The Act does not abolish elective home education. What it does is introduce a more structured framework around some withdrawals from school and around children not in school generally.
2. Does every parent now need permission to home school?
No. The new permission requirement applies only to a defined group of children already on a school roll, including certain children in specialist placements and some children affected by serious safeguarding action or enquiries.
3. Which children are in that defined group?
Broadly, the group includes children placed by a local authority at a special school or a specialist independent school for special educational needs, and children where there is an ongoing child protection concern.
4. What do I have to do if my child falls within that group?
If your child falls within that group and you want to educate them at home, you will have to apply to the relevant local authority for consent before withdrawing them from school. However, it is going to be a while before these new rules take effect.
5. What happens when I tell the school I want to withdraw my child?
The school will have to notify the relevant local authority, and if another authority is responsible for the child, that authority must also be told.
6. Can the local authority refuse permission?
Yes. If the local authority considers that it is in the child’s best interests to receive education through regular school attendance, it must refuse consent.
7. What is the new register of children not in school?
It is a legal duty on local authorities to maintain a register of children of compulsory school age in their area who fall within the new children not in school framework. That includes some children who are not on a school roll and some who remain registered but are educated otherwise than at school for some or all of the week.
8. Will children already being home educated have to go on the register?
Yes, once the framework starts, the register will apply not only to new cases but also to children who are already being home educated and fall within the new system.
9. What information will parents have to provide?
Parents will need to provide details about their child and keep the information updated. The fuller detail is still expected to come through regulations and guidance.
10. Will local authorities be able to visit the home?
Local authorities may ask to carry out a home visit to the child, because the Act requires them to consider where the child lives. If that request is refused, the refusal can be treated as a relevant factor when deciding whether to start the process that may lead to a school attendance order.
11. Does this apply in Wales as well as England?
Yes. The relevant home education changes apply in both England and Wales, although the guidance and timing may differ across the two nations.
12. When do the new rules start?
They are not yet in force. The new rules are not expected to start before 2027, with consultation and further regulations still to come.
Conclusion
This legislation changes the home schooling landscape. It introduces a new principle into this area of law: in some cases, parents must obtain permission from the local authority before moving from school-based education to home education. That is a significant change, because it places the local authority in a much more active safeguarding and oversight role.
It also sits alongside a wider framework designed to ensure that no child becomes invisible to the people and bodies who should be able to see warning signs early, whether that is a school, a local authority or safeguarding professionals. The new register of children not in school is central to that aim.
Looking ahead, I think it is sensible to be realistic as to where this new system may lead. The legislation does not currently require every parent to obtain permission before choosing elective home education. However, I do wonder, if these changes prove successful, whether the Government will be persuaded to extend the rules to all children who are home schooled. Â If there is a discussion about extending the rules, I would, on current evidence, resist that call in the absence of cogent evidence that extending state reach was necessary.
At Doyle Clayton, I support parents with the legal issues that arise when school is not working as it should. That includes advice on home schooling, school disputes, SEND, exclusions, attendance problems and safeguarding concerns. If you want to talk through your options under the current law or the changes coming under the 2026 Act, you can book a fixed fee online consultation with me or another specialist education solicitor.