Is Home Education Legal in England?

The right to home educate in England comes from Section 7 of the Education Act 1996. This law places a duty on parents to ensure their child receives efficient full-time education suitable to their age, ability, and any special educational needs they may have. Crucially, it states this education can be provided "at school or otherwise."

The phrase "or otherwise" is what makes home education legal. It recognises that education does not have to take place in a school setting. Parents who choose to educate at home are fulfilling their legal duty, not circumventing it.

Understanding what you are not required to do is just as important as knowing your duties. In England, home educating parents:

• Do not need to register with the local authority
• Do not need permission to start or continue home educating
• Do not need to follow the National Curriculum
• Do not need to follow school hours or term times
• Do not need to have formal lessons or use specific teaching methods
• Do not need to allow home visits from local authority officers
• Do not need to enter their children for exams at any particular age

The law gives you significant freedom to educate in the way that works best for your child and family.

Local authorities in England have duties regarding children's education, but their powers over home educators are limited.

If a local authority becomes aware that a child is being home educated, they may make informal enquiries to satisfy themselves that a suitable education is being provided. However, they have no automatic right to enter your home, meet your child, or see their work.

Many families choose to engage with their local authority through written reports, photographs of work, or meetings at a neutral location. Others prefer minimal contact. Both approaches are legally valid.

If a local authority has genuine concerns that a child is not receiving suitable education, and informal enquiries have not resolved those concerns, they may consider issuing a School Attendance Order. However, this is a formal legal process with clear steps, and you have the right to respond and demonstrate your provision at each stage.

While this guide focuses on England, the legal position differs slightly in other parts of the UK.

Wales follows similar legislation to England under Section 7 of the Education Act 1996. There is currently no mandatory registration, though proposals for a register have been discussed. Welsh local authorities have similar powers to make informal enquiries.

Scotland operates under different legislation (Education (Scotland) Act 1980). If a child has ever been enrolled in a public school, parents must seek consent from the local authority to withdraw them for home education. The local authority can refuse consent, though this can be appealed.

For comprehensive information on all UK nations, see our main guide: How does home education work in the UK?

If you are considering home education or have recently started, you may find it helpful to explore resources and connect with other home educating families. Happy Home Education offers curriculum resources, lesson plans, and support designed specifically for UK home educators.

For a complete overview of how home education works in practice, including information on exams, qualifications, and finding tutors, see our comprehensive guide: How does home education work in the UK?