The new home education law (not in force yet)
The Children’s Wellbeing and Schools Act 2026 will change home education in England and Wales. Here is what is planned – and what it means for you today (nothing has changed yet).
Home educating? Classfern Family keeps your plans, tutors’ lessons and records in one place – £40 a year for your whole family. What’s in Family
Status on 25 October 2026: NOT IN FORCE. The Act became law on 29 April 2026. Only the powers to make regulations have started. The register, the new duties and the consent rules need regulations and statutory guidance first, and the government plans to consult parents. No start date has been announced. We’ll update this page when dates are confirmed.
What it means for you today
- Home education is lawful, and your duty is unchanged: a suitable, efficient, full-time education.
- You don’t have to register with anyone under the new law yet.
- The DfE has said the 2019 elective home education guidance remains current for now.
- Keeping good records now will make any future requirements easier.
What is planned (England and Wales)
- Children not in school registers. Every council will keep a register of children of compulsory school age in its area who aren’t on a school roll. Some flexi-schooled children will be included too. The register won’t be published in a way that identifies anyone.
- Parents giving information. Parents will have to give the council certain information within 15 days of their child becoming eligible, and tell it about changes within 15 days. This includes your child’s and the parents’ details, which parents provide the education, an estimate of the time your child is educated by parents and by others, and details of main providers (such as tutors) and how much of their time is without a parent involved.
- Advice from the council. Councils must give advice and information when parents ask, including on access to GCSE exams.
- Consent for some children. Council consent will be needed to home educate a child at a special school arranged by the council, or a child who is, or in the last five years was, the subject of child protection enquiries or action. There will be a right to ask the Secretary of State (or Welsh Ministers) to review the decision.
- School attendance orders. The process changes, starting with a “preliminary notice” giving parents at least 15 days to respond.
- A meetings pilot. In up to 30% of councils, parents planning to withdraw a child would first attend a meeting with the council.
Wales
The Welsh Ministers decide when these parts start in Wales. The Welsh Government says the next Welsh Government will decide, after public consultation. In Wales, the consent rule won’t apply to children in maintained schools just because they have an individual development plan.
Scotland and Northern Ireland
The home education parts of the Act don’t apply. See Scotland and Northern Ireland.
How to have your say
The government plans to consult on the draft statutory guidance and regulations. When a consultation opens, we’ll link to it here.
Official sources
- Children’s Wellbeing and Schools Act 2026
- Children’s Wellbeing and Schools Act 2026, section 37 (consent and meetings)
- Children’s Wellbeing and Schools Act 2026, section 38 (children not in school registers)
- Children’s Wellbeing and Schools Act 2026, section 78 (commencement)
- DfE impact assessment: Children Not in School register
- Welsh Government: Children’s Wellbeing and Schools Act 2026 and elective home education (4 June 2026)
- GOV.UK: Educating your child at home
Last checked against these sources: 25 October 2026.
General information, not legal advice. This page sums up the official guidance in our own words. Rules differ between England, Wales, Scotland and Northern Ireland and can change. Check the official sources and your council’s own guidance, and get qualified advice for your situation. Classfern is not affiliated with or endorsed by the Department for Education, the Welsh Government, the Scottish Government, the Education Authority or any council. Official guidance is used under the Open Government Licence v3.0.