Do I have to register now if I'm home educating?

Not yet. The Act was signed into law in April 2026, but the registration duties have not yet come into force — they are being brought in via regulations and statutory guidance. When registration does apply, it will likely require that your local authority is aware you're home educating. Check gov.uk/home-education and contact your local authority for the exact timeline in your area.

What is the new 'Children Not in School' register?

Every local authority in England is establishing a register to record children not in school and not in alternative provision (such as home education). When this register comes into force, your local authority will need to know that your child is being home educated so they can record them on it. This is an administrative step to help the LA know which children in their area are receiving education outside school.

Do I have to follow the National Curriculum?

No. Historically, you have not had to follow the National Curriculum, and this has not changed. The law requires your child's education to be suitable to their age, ability, and aptitude — but not that it follows the National Curriculum. You can choose your own curriculum, teaching style, or a mix.

What information will I have to give my local authority?

The regulations and statutory guidance are still being finalised. When they are in force, expect questions about: where your child will be educated, the approach you're taking (structured curriculum, autonomous, hybrid, etc.), how you'll assess suitability, and any special needs. Check gov.uk and contact your local authority for the final requirements — this article reflects current law as of June 2026.

Can my local authority refuse to let me home educate?

The Act introduces stricter checks for some children. If your child is the subject of a child protection investigation or plan, or has been under a plan within the last five years, you will need your local authority's approval before home educating. If your child attends a special school, you also need LA agreement. For mainstream school, there is no blanket power to refuse — but the LA can assess whether the education is suitable and can issue a school attendance order if they believe the child should be in school.

What counts as 'suitable education'?

There is no legal definition. The law requires education to be efficient, full-time, and suitable to the child's age, ability, aptitude, and any special educational needs. In practice, 'suitable' is judged by: clear learning goals, evidence of progress, records of what your child is studying, and the child's development. Keep records of your child's learning — samples of work, reading and writing, courses completed, project outcomes. This is your evidence if the LA enquires.

Will the new register mean more interference from my local authority?

The register itself is a recording tool — it doesn't automatically mean more visits or inspections. But because the LA will have a clear record that your child is being home educated, they are more likely to follow up if they have concerns about suitability. Being proactive (keeping clear records, responding promptly to enquiries, documenting your child's progress) protects you and demonstrates your child is receiving suitable education.

The law4 min read

Do you have to register home education in England?

By the Home Ed Stars team · Last reviewed 13 June 2026

This guide is general information for home educators in England, not legal advice. Home education law can change and your circumstances may differ — always check the current rules on gov.uk and contact your local authority for advice on your situation.

The old system

For decades, England's home education worked on one simple idea: education's compulsory, but school isn't. Parents had the legal right to teach their kids at home without registering. LAs only found out when parents removed their child from school.

Important: If you start home educating now, you'll still need to follow the registration rules once they come in. There's no "grandfather clause" — starting early doesn't exempt you from future requirements.

What's changing: the new 'Children Not in School' register

The Children's Wellbeing and Schools Act 2026 introduces formal registration duties.

Until the register came into force	Once the new register applies (pending implementation)
No legal duty to register with your local authority	Local authority must know you're home educating; you'll likely need to inform them or be on a formal register
LA learned of home education via school de-registration	LA has an active register of all children not in school; home educators will be listed
No approval process — only a legal right	Approval may be needed for some children (e.g. attending a special school, child protection history)
No requirement to follow the National Curriculum	No requirement to follow the National Curriculum (unchanged)
LA could investigate informally if concerns arose	LA can assess suitability before approval and intervene if education deemed unsuitable
No specific form to complete	Regulations still being finalised — likely a registration form with details of your approach

The timing: not yet in force

The Act became law on 29 April 2026, but the registration rules have not yet come into force. No commencement date has been published. Regulations and statutory guidance are still being finalised.

What this means: The old system's still running. You can start home educating now without registering. Watch gov.uk/home-education for updates as regulations are finalised.

Special cases: when you need approval

The new Act's tougher on some families. You'll need your local authority's approval before you home educate if:

Check your situation

Approval required before home educating:

Your child is currently under a child protection plan or has been within the last five years
Your child attends a special school

(Note: if your child has an EHC plan at a mainstream school, approval is not required.)

Contact your LA before de-registering if either applies.

For other families, the register means the LA knows you're home educating and may check on suitability — but it's not harder to home educate if you keep records.

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The National Curriculum: still optional

The law requires education to be efficient, full-time, and suitable to your child's age, ability, and needs — but not the National Curriculum. You can pick a structured curriculum (school-at-home, Montessori, Waldorf), follow your child's interests, use online courses, or mix it.

No teaching qualification needed
No specific grades or exam passes required
The LA assesses suitability, not professional teaching standards

What will you need to provide?

The regulations are still being finalised — these are expected requirements and may change. When the rules go live, check gov.uk/home-education and ask your local authority for the official registration form.

You'll probably need to provide:

Your child's name, date of birth, and address
Where education will happen (home, or mixed)
Your teaching approach (structured curriculum, autonomous, tuition, co-op, etc.)
How you'll check it's suitable
Any special educational needs and support

After registration

Once on the register, the LA'll have a formal record. They may check suitability (reviewing records, talking to your child, visiting with your agreement). If unsuitable, they can escalate — usually offering support first, but potentially issuing a school attendance order.

Keep simple records: work samples, a learning log, and progress evidence. This shows the LA the education's suitable.

FAQs

Can I home educate before the register comes in?

Yes. The old system's still running. You have the legal right to home educate now. Watch gov.uk/home-education for when the rules change in your area.

Isn't registration more control?

The Act brings formal oversight, but your teaching doesn't have to change. You still choose your curriculum and approach. The register just means the LA has a record and can check suitability. Being proactive — keeping records and replying quickly — protects you.

Do I have to keep records?

No legal requirement, but keep evidence of learning (work samples, test results, learning log). If the LA asks, this shows suitability.

What if I move local authority areas?

You'll probably need to tell your new LA you're home educating. Each LA keeps its own register. Ask the new authority for their process.

What to do now

If planning to start: you can begin home educating now. Watch gov.uk/home-education as rules change.
If you're in a special school or have a child protection history: contact your LA before de-registering. You'll need approval.
Contact your local authority: find their home education page, bookmark it, and ask about their timeline.
Keep records: work samples and a learning log protect you and show suitability.

Summary

Before: no registration duty; LA learned from school de-registrations
Now (June 2026): new Act passed; rules not yet in force; old system still running
When rules apply: register with your LA; approval needed for special schools and child protection histories
Unchanged: National Curriculum optional; education must be suitable, full-time, efficient
Watch: gov.uk/home-education for commencement date