Home Education and the Law: Your Rights, Explained

Yes, it's legal — and it's your decision

In England, the legal duty to educate a child sits with you, the parent, not with a school. Section 7 of the Education Act 1996 says a child must receive efficient, full-time education suitable to their age, ability, aptitude and any special educational needs — either by attending school "or otherwise".

That little phrase "or otherwise" is home education. You are choosing the "otherwise" route. You do not need the council's permission to do it, and you do not need to be a qualified teacher.

Scotland, Wales and Northern Ireland have their own separate rules. If you live there, treat the England detail below as England-only and check your own nation's official guidance before you act.

What you actually have to do

The duty sounds heavy, but in practice it is broad. "Suitable" education is judged against the particular child in front of you — their age, ability, aptitude and any additional needs — not against a school's standards.

"Full-time" does not mean school hours or a set number of lessons a day. There is no minimum number of hours written in law. The honest short version is this:

• Provide an education that genuinely suits your child and helps them progress.
• Make sure it is real and ongoing — not nothing, and not a one-off.
• Be ready to describe, in your own words, what learning is happening if the council makes informal enquiries.

What you do NOT have to do

Many families choose something far looser than school — learning through projects, real life, libraries, museums, nature and a child's own interests. The law allows that, as long as the education remains suitable for your child.

• Follow the National Curriculum.
• Keep to school hours, school terms or a fixed timetable.
• Deliver a "broad and balanced" curriculum the way a school must.
• Give formal, sit-down lessons or teach in subject blocks.
• Have any teaching qualification.
• Sit SATs or any other school-style tests.
• Ask the local authority for approval before you start.

Taking your child out of school (deregistration)

If your child is at an ordinary maintained school or academy, the process in England is straightforward. You write to the school — a short letter or email — stating that you are taking responsibility for your child's education and asking that they be removed from the admission register.

The school must then take your child off the roll; it cannot refuse or make this conditional on the council's say-so. They will let the council know, which is routine. Keep a dated copy of your notice for your records.

There is one important exception. If your child attends a special school under arrangements made by the local authority, you need the council's consent before you can deregister. Independent (private) schools set their own admissions terms, so check those too.

A practical tip: only send the notice when you are genuinely ready to begin, because the duty to provide a suitable education starts the moment your child leaves the register.

The local authority: what it can and can't do

Councils in England often make what are called "informal enquiries" to satisfy themselves that home-educated children are receiving a suitable education. A letter or call asking how things are going is normal, and it is not a sign you have done anything wrong.

Here is the part many parents don't realise. You are under no legal duty to meet the council, allow a home visit, or report in any particular format. You can choose to reply in writing instead — for example, a short summary of your approach, your child's interests and some examples of recent learning.

That said, engaging calmly and constructively almost always makes life easier. A friendly written account, perhaps with a few photos or pieces of work, usually reassures the council quickly and keeps things low-key. This is one place where keeping a light record through the year — through an app like Flybrite, a notebook, or a simple folder — saves you a scramble later.

School Attendance Orders, explained calmly

This is the step parents fear most, so let's demystify it. A School Attendance Order is not a normal part of home educating, and most families never come anywhere near one.

It only enters the picture if the local authority forms the view that a child is not receiving a suitable education. Even then, it isn't sudden. The council must first serve a notice giving you a set period to show that suitable education is being provided.

If you respond and show what your child is learning, the matter usually ends there. An order is a last resort the council can pursue only if it remains unsatisfied. The clearest protection is straightforward: provide a genuinely suitable education and be willing to describe it. Do that, and an order has no foundation to stand on.

Exams, SEND and money: the practical bits

Home-educated teenagers can and do take GCSEs. They usually sit as private candidates at an exam centre — often a college, a school that accepts external candidates, or a dedicated exam centre. Many families choose IGCSEs because several specifications have no coursework or controlled assessment, which is far easier to manage outside school. You pay the entry fees yourself, so plan ahead and book your centre early, as places fill up.

If your child has special educational needs, you keep the right to home educate. An EHC plan does not remove that right. The one thing to note is that if your child is named at a special school in the plan, you will need the council's consent to deregister, as above. For SEND-specific questions, organisations such as IPSEA and SOS!SEN offer free, specialist information.

On funding, be realistic: in England there is no automatic government funding for home education. You meet the costs yourself. Some councils and charities offer limited help in certain situations, and exam centres, home-ed groups, libraries and museums can keep costs down — but go in expecting to budget for it.

• Book exam centres and IGCSE entries months ahead — places are limited.
• Free libraries and many museums are quiet, everyday learning resources.
• Local home-ed groups share tutors, trips, kit and exam-centre tips.
• For SEND, start with IPSEA or SOS!SEN before making big decisions.

Where to check before you act

Law and guidance change, and your situation is your own. Treat this guide as a calm starting point, not legal advice.

Before you take a step that matters — deregistering, replying to the council, or planning exams — read the current guidance on gov.uk and your own local authority's pages. For special educational needs, IPSEA and SOS!SEN are trusted, specialist places to ask.

And if you are in Scotland, Wales or Northern Ireland, find your nation's own official guidance, because the rules genuinely differ from England's.