Elective Home Education (EHE) — the formal term for homeschooling in England — is a legal right that thousands of families choose every year. Whether motivated by philosophical beliefs, dissatisfaction with the local school system, a child's special educational needs, or simply a desire to take direct control of their child's learning, the number of registered home-educated children in England has grown significantly since 2020. In 2024, local authorities recorded over 100,000 children known to be home educated — a figure that is widely considered an undercount, as registration is not compulsory.
But "legal" does not mean "unregulated" — and many families considering home education are uncertain where their rights end and the state's oversight begins. This guide explains the legal framework clearly, so you can make informed decisions.
In England, education is compulsory — but school is not. The Education Act 1996 requires parents to ensure their child receives "efficient full-time education suitable to age, ability, aptitude and any special educational needs" — but this can be delivered at home, not only in school.
Is Homeschooling Legal in England?
Yes — completely. Section 7 of the Education Act 1996 places the duty to ensure education on parents, not on schools. Parents may fulfil this duty either by sending a child to school or by "otherwise" — which includes home education. You do not need a teaching qualification to home educate in England. You do not need government approval. You do not need to follow the National Curriculum.
This is a stronger parental right than many families realise. England does not operate a licensing or approval system for home education — you are exercising a statutory right, not applying for a privilege.
How to Start Home Educating
The process differs slightly depending on whether your child is currently enrolled at a school.
If Your Child Is Not Yet Enrolled at Any School
If your child has never attended school (for example, if they have just reached compulsory school age and you have decided from the outset to home educate), you simply do not register them at a school. There is no form to fill in and no notification required to the local authority — though some families choose to inform their council voluntarily for access to local authority support services.
Even if notification is not required, building a positive relationship with your local authority's EHE officer from the start is generally beneficial. Most councils offer resources, contact with other home-educating families, and in some areas, access to examinations centres for public exams — all of which are easier to access if you are known to them.
If Your Child Is Currently Enrolled at a State School
You must formally de-register your child. This is done by writing a letter to the headteacher stating that you are withdrawing your child from the school roll to home educate. The school cannot refuse this request — it is your legal right. The school must remove the child from its roll and notify the local authority.
You do not need to give reasons. You do not need the school's agreement. A simple written statement is sufficient. However, there is one important exception:
If your child is subject to a School Attendance Order (SAO), you cannot de-register from the named school without the local authority's consent. The SAO must be revoked or varied first. This situation typically arises where a child's attendance has been a concern. If you are in this situation, seek legal advice before proceeding.
If Your Child Is in a Special School Named in an EHCP
If your child has an Education, Health and Care Plan (EHCP) and attends a special school named in the plan, you cannot unilaterally de-register them. You must request that the local authority amend the EHCP to reflect home education as the provision. The local authority will need to agree that home education is suitable. This process can be complex — specialist SEND legal advice is strongly recommended. You can read more about EHCPs in our guide to SEND support and EHCPs in England.
What Are Your Legal Responsibilities as a Home Educator?
Once you are home educating, the law requires that the education you provide is:
- Efficient — achieving what it sets out to achieve
- Full-time — appropriate for the child's age; there is no fixed definition of "full-time" in home education, as it is widely understood that home education is often more intensive per hour than school-based learning
- Suitable to the child's age, ability, aptitude and any SEN — the curriculum must be appropriate to the individual child
Importantly, you do not have to:
- Follow the National Curriculum
- Teach specific subjects (beyond the broad duty above)
- Educate your child during school hours or term times
- Keep formal lesson plans or produce written evidence of learning
- Have your child assessed or tested by any external body
- Allow the local authority into your home
The legal duty is to provide a suitable education — not to replicate school at home. Many home educators use project-based learning, autonomous child-led approaches, or structured curricula from private providers. All are legally valid as long as the education is suitable for the child.
What Can the Local Authority Do?
Local authorities (councils) have a duty under Section 436A of the Education Act 1996 to identify children of compulsory school age in their area who are not receiving a suitable education. However, their powers in relation to home educators are more limited than many families fear.
What the Local Authority CAN Do
- Write to you to ask how you are providing education
- Ask to visit your home or meet with your child (but only with your consent)
- Ask to see samples of your child's work or a written overview of your educational provision
- Issue a School Attendance Order if they have reason to believe the education being provided is not suitable
What the Local Authority CANNOT Do
- Enter your home without your consent
- Insist on seeing your child alone
- Demand that you follow a particular curriculum
- Require you to provide evidence in any specific format
- Insist on regular inspections or monitoring visits as a condition of home educating
| Situation | LA Power |
|---|---|
| Requesting information about educational provision | ✅ Can request — you can respond in writing |
| Visiting your home to inspect | ❌ Cannot do without your consent |
| Requiring National Curriculum compliance | ❌ No legal basis |
| Issuing a School Attendance Order | ✅ If they have evidence education is unsuitable |
| Prosecuting parents for non-compliance with SAO | ✅ If SAO ignored and education not proved suitable |
School Attendance Orders
A School Attendance Order (SAO) is a legal notice issued by the local authority under Section 437 of the Education Act 1996 when it is not satisfied that a child is receiving a suitable education. Before issuing an SAO, the local authority must:
- Serve a notice requiring the parent to satisfy them that the child is receiving education (Section 437(1))
- Give the parent at least 15 days to respond
- If not satisfied, issue the SAO requiring the child to attend a specific school
Failure to comply with an SAO without reasonable excuse is a criminal offence under Section 443 of the Education Act 1996, punishable by a fine of up to £1,000. However, SAOs are relatively rare where parents are engaging with the local authority and providing evidence of suitable education.
What About Exams and Qualifications?
This is one of the most practical challenges for home educating families. Home-educated children are not automatically entered for GCSEs or A-Levels — parents must arrange and fund these privately. Options include:
- Private examination centres — Many further education colleges and some private schools accept external candidates for a fee (typically £100–£200 per subject)
- Home Education exam groups — Local networks of home-educating families sometimes collectively arrange examination sittings
- Online qualifications — Some awarding bodies offer coursework-based qualifications that do not require an exam centre
- Alternative routes — Functional Skills qualifications, T-Levels, and vocational courses may be more accessible for home-educated teenagers
If GCSE qualifications are a goal, begin researching exam centres in your area at least two years in advance. Entry deadlines are typically October for May/June examinations, and spaces at centres accepting external candidates are limited and often fill quickly.
Home Education and Special Educational Needs
Many families choose home education specifically because their child's needs are not being met in school — whether due to SEND, school anxiety, autism, or a chronic health condition. Home education can be a genuinely positive choice in these circumstances, but there are important considerations:
- If your child has an EHCP and you home educate, the local authority is no longer required to fund provision named in the EHCP (unless your child attends a school named in it). Some families negotiate a Personal Budget as part of the EHCP to fund home education resources.
- Therapies and specialist interventions (speech and language therapy, occupational therapy) previously provided through school will not automatically continue
- You can request a review of the EHCP at any time to ensure it reflects the home education context
Support Available to Home Educating Families
Home educating families in England are not alone. A growing ecosystem of support exists:
- Education Otherwise — One of the UK's longest-established home education charities, providing advice, legal support, and community
- Home Education UK — Online forums and local groups connecting home educating families
- Local Home Education Groups — Most areas have informal networks offering group activities, field trips, and subject-specific sessions
- Online learning platforms — Khan Academy, Oak National Academy, and subject-specific providers offer free structured resources
- Local authority EHE officers — Variable quality, but many councils have dedicated officers who can signpost to local resources and exam centres
Frequently Asked Questions
Do I need to tell anyone I am home educating?
If your child has never been enrolled at a school, no notification is legally required. If you are de-registering from a state school, the school must be informed in writing and will notify the local authority. You are not required to register with the local authority directly, though many families choose to do so to access support.
Can the council force me to send my child back to school?
Only if they issue a School Attendance Order and you fail to comply with it or to demonstrate that suitable education is being provided. Simply choosing to home educate — and providing evidence of suitable provision when asked — is a complete legal defence against a School Attendance Order.
Do home-educated children have to sit SATs?
No. SATs (Standard Assessment Tests) are a statutory requirement for children in state-funded schools at the end of Key Stage 1 and Key Stage 2. Home-educated children are not subject to this requirement.
What if we want to return to school?
You can apply for a school place at any time through the normal in-year admissions process. There is no penalty for having home educated previously. If your child has an EHCP, the local authority resumes its duty to arrange appropriate provision once the child re-enters a school named in the plan. You can learn more about in-year applications in our guide to primary school admissions.
Is home education free?
The education itself costs nothing from a legal standpoint — there are no fees to home educate. However, in practice, families typically incur costs for curriculum materials, books, online subscriptions, group activities, and exam entry fees. The total annual cost varies enormously by approach, from near-zero (for families using free online resources and library access) to several thousand pounds (for families using structured home education programmes or private tutors).
