Home education law: what's actually changed, and what hasn't

The Act has passed. That isn't the same as being in force.

The Children's Wellbeing and Schools Act received Royal Assent on 29 April 2026. It is law.

But an Act passing and an Act operating are two different things.

The Act creates the framework for Children Not in School registers in every local authority in England. Those registers are coming. They are not running yet. The regulations that make them work haven't been made, the statutory guidance hasn't been published, and there are consultations still to happen.

So, today

You do not need to register under a new scheme. There isn't one to register with.

You do not need to follow guidance that hasn't been published.

You do not need to treat a local authority request as though the new system is already operating.

Your existing duty hasn't changed. You must ensure your child receives a suitable full-time education, either at school or otherwise. Home education remains lawful, and you are not required to follow the national curriculum.

What's coming

Registers in every local authority in England. Every child not in school will be recorded.

Additional checks before some children can be withdrawn. Specifically where a child is under a child protection investigation, is on or has recently been on a child protection plan, or attends a special school.

Powers for a local authority to intervene where they judge the education or the home environment unsuitable.

None of that is operating yet, and there is no confirmed date. The government's position is that implementation happens during the current Parliament.

What I'd do in the meantime

Keep a light record of what you're actually doing. Not hours logged and boxes ticked. Just enough that if someone asks, you can describe your approach, show some examples of work, and explain how you know your child is making progress.

That's worth doing whether or not the law ever asks for it, because it's also how you notice what's working.

And be careful what you read

There is a great deal of confident, incorrect information circulating about this, including in home education groups where people are frightened and helping each other in good faith.

Check anything you read against the Act itself, the House of Commons Library briefing, or an organisation like Education Otherwise, who have been doing this properly for decades.

That includes this page. I'm a teacher rather than a solicitor, I've checked this against the Act, and I'll update it as things change. But go and look for yourself.