Blog / Homeschool rights
Your right to home educate in the UK: a plain-English guide for 2026
1 Oct 2026 · 7 min read · by Trace & Grow
Home education is a legal choice in every part of the UK. You do not need to be a teacher, follow the National Curriculum or keep school hours. What the law asks is that your child receives a suitable, full-time education. The details depend on where you live, and in England and Wales they are changing.
This guide is general information, not legal advice. Laws and guidance change, so always check the official pages linked at the end.
England and Wales: the starting point
Section 7 of the Education Act 1996 says parents must make sure their child of compulsory school age receives an "efficient full-time education suitable to his age, ability and aptitude, and to any special educational needs he may have, either by regular attendance at school or otherwise."
Those two words, or otherwise, are where home education lives. In practice that means:
- No approval is needed to start if your child has never been to school.
- If your child is on a school roll, you write to the head teacher saying you are home educating, and the school removes them from the register and tells the local authority.
- There is no required curriculum, timetable or testing. Learning can be structured, child-led, or somewhere in between.
- The local authority can make informal enquiries. If it is not satisfied that a suitable education is happening, it can ultimately issue a School Attendance Order.
What the Children's Wellbeing and Schools Act 2026 changes
The Children's Wellbeing and Schools Act received Royal Assent in April 2026. It does not ban or restrict home education itself, but it adds oversight:
- "Children not in school" registers. Local authorities will keep a register of children who are not in school, and parents will have a duty to provide information about their child and the education they are receiving.
- Consent for some children to leave school. Where a child is on a child protection plan, subject to section 47 child protection enquiries, or attends a special school under local authority arrangements, the local authority's consent will be needed before the child is removed from school to be home educated.
- Updated School Attendance Order procedures, linked to the new registers.
Important: as of autumn 2026 the main register duties are not yet in force. They are expected to start after consultation on the detailed regulations, and in Wales the timing is for the Welsh Government to decide. Nothing changes for your family until commencement, but it is worth keeping simple records now (see below).
Scotland
Home education is lawful under the Education (Scotland) Act 1980. If your child has never attended a state school, or you are moving them from an independent school, you do not need consent. If your child is currently at a council school, you need the council's consent to withdraw them, which should not be unreasonably withheld. The Scottish Government's home education guidance sets out how councils should handle this.
Northern Ireland
Under the Education and Libraries (Northern Ireland) Order 1986, parents have a duty to provide efficient full-time education "by regular attendance at school or otherwise." As in England, you inform the school in writing if your child is on a roll. Education Authority officers may make contact to ask about the education being provided.
Five practical habits that make life easier
- Keep a light record. A photo a week of work, a reading list and a short termly summary are plenty.
- Write a one-page education philosophy. A few paragraphs on how and why you teach is often the most helpful thing to share if your local authority asks.
- Show progress, not perfection. A tracing book from September beside one from March speaks for itself.
- Know your local authority's EHE contact. Most councils have an Elective Home Education officer.
- Find your people. Local home ed groups and co-ops share trips, resources and reassurance.