Home Education and the Law: What Parents Need to Know

By HomiesEd

Home education is a growing choice for families across England. Whether you're considering educating your child at home due to concerns about school, unmet special educational needs, bullying, mental health challenges, or a desire for a more personalised approach to learning, understanding the legal framework is essential.

Many parents are surprised to learn that home education is not only legal but is a recognised educational option protected by law. However, choosing to educate your child at home comes with responsibilities that every parent should understand before taking their child out of school.

Is Home Education Legal in England?

Yes.

Parents have a legal right to educate their children at home under Section 7 of the Education Act 1996, which states:

"The parent of every child of compulsory school age shall cause him to receive 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."

The phrase "or otherwise" is what gives parents the legal right to provide education outside of a school setting.

This means that school is not the only lawful way for a child to receive an education.

Do I Need Permission to Home Educate?

In most cases, no.

If your child attends a mainstream state school or an independent school, you usually only need to notify the school in writing that you intend to home educate.

Once your child is removed from the school roll, responsibility for their education transfers to you.

However, different rules apply if your child attends a special school named in an Education, Health and Care Plan (EHCP). In these circumstances, the local authority's consent is usually required before the child can be removed from the school roll.

What Does the Law Require?

One of the most common misconceptions is that parents must recreate school at home.

The law does not require this.

There is no legal requirement to:

• Follow the National Curriculum

• Use school hours

• Employ qualified teachers

• Sit SATs

• Follow a particular educational philosophy

• Deliver lessons in a classroom-style environment

Instead, the law requires that the education provided is:

Efficient

The education should achieve what it sets out to achieve and support the child's learning and development.

Full-Time

There is no legal definition of "full-time" in home education. Learning may take place through formal lessons, practical experiences, educational visits, projects, reading, discussion, hobbies, and everyday life experiences.

Suitable

The education must be suitable to the child's:

• Age

• Ability

• Aptitude

• Special educational needs, where applicable

Every child's education can look different, and parents have considerable freedom in deciding how learning takes place.

Can the Local Authority Monitor Home Education?

Local authorities have a duty to identify children who may not be receiving a suitable education.

For this reason, they may contact families who are home educating and ask for information about the education being provided.

However, many parents are unaware that local authorities do not automatically have the right to:

• Enter your home

• Inspect your home

• Interview your child without consent

• Demand school-style records or lesson plans

Parents are generally expected to provide reasonable information demonstrating that a suitable education is taking place.

Examples may include:

• A written report

• Samples of work

• Educational plans

• Learning journals

• Photographs of activities

• Reading lists and project work

The aim is to show that your child is receiving an appropriate education, not to replicate school administration systems.

What Happens If the Local Authority Has Concerns?

If a local authority believes a child may not be receiving a suitable education, they may request further information.

If concerns remain unresolved, the authority can issue a School Attendance Order (SAO).

A School Attendance Order requires a parent to register their child at a named school unless they can demonstrate that suitable education is already being provided.

In practice, most issues are resolved through communication and the sharing of information before matters reach this stage.

Home Education and Children with SEND

Children with Special Educational Needs and Disabilities (SEND) can be home educated.

Parents often choose home education because they feel their child's needs are not being adequately met in school.

If a child has an EHCP and attends a mainstream school, parents generally retain the right to deregister and home educate.

However, it is important to understand that once elective home education begins, the local authority may no longer be responsible for arranging the educational provision specified in the EHCP.

The EHCP itself remains in place and must still be reviewed annually.

Families should seek specialist advice before making decisions about deregistration where SEND needs are involved.

Do Home-Educated Children Have to Take Exams?

No.

There is no legal requirement for home-educated children to sit GCSEs or other formal examinations.

However, many families choose to enter their children for GCSEs, Functional Skills qualifications, A Levels, or vocational courses.

Parents are usually responsible for:

• Finding an examination centre

• Paying examination fees

• Ensuring the child meets any coursework requirements

Planning ahead is often important, particularly for older children approaching examination age.

Common Myths About Home Education

Myth: Home education is illegal.

False. Home education is a legal educational choice in England.

Myth: You must follow the National Curriculum.

False. Home educators can choose their own curriculum and learning approach.

Myth: The local authority can inspect your home.

False. There is no automatic legal right for local authorities to enter your home.

Myth: Home education means children have no social opportunities.

False. Many home-educated children participate in clubs, sports, educational groups,

volunteering opportunities, and community activities.

Home education is a lawful and respected educational option that gives families the freedom to tailor learning to their child's individual needs, interests, and circumstances.

However, with that freedom comes responsibility. Parents must ensure that their child receives an efficient, full-time, and suitable education that meets legal requirements.

Before making the decision to home educate, it is worth taking time to understand both your rights and your responsibilities so that you can make the best choice for your child and your family.

Seeking advice from professionals with experience in education law, SEND, and home education can provide valuable reassurance and guidance throughout the process.

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