The Law

In November 2009 the Department for Children Schools and Families introduced measures in the Children Schools and Families Bill which attempted to change the law on home education in England. The Government was not successful and the Children Schools and Families Act 2010 received Royal Assent on April 8th without any of the home education clauses passing into law. For more information please see here.

The current legal situation in the UK with regard to home education can be summarised in the phrase: Education is compulsory, schooling is not.

However, the processes and details do differ in different parts of the UK. The information on these pages relates to England and Wales. See the DCSF Elective Home Education Guidelines for Local Authorities in England and the Welsh Assembly Guidelines for Local Authorities in Wales. Please see our Scotland page or Northern Ireland page for information appropriate for those countries.

Visit our FAQ page on Educational Philosophies for more information about home education and the law.

Education Otherwise's campaign website has all the latest home education news.

In 2007 Education Otherwise responded to the Government Consultation on Home Education Guidelines. Click here for an overview of the EO response.

"Education Otherwise recommends that the Department consider a number of innovative pilot projects aimed at promoting positive working partnerships across a range of urban, suburban, rural and metropolitan borough areas. The authority's role in these pilot schemes will evolve from a one-to-one inspection and monitoring role, which is neither cost-effective nor equitable, and move towards an advisory, information, and resource-based support role.

Introduction of new guidelines will go some way to addressing the current situation. However, lack of funding to local authorities continues to be a major impediment to the proper implementation of the law.

Any move to make a child's education the responsibility of parties other than the parent's strikes at the very heart of the legislative framework for education in England and would expose those other parties to formal legal responsibility enforceable and actionable in the courts."      Education Otherwise June 2007

Section 7 of the Education Act 1996 applies to England and Wales:

Compulsory education

7   Duty of parents to secure education of children of compulsory school age

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—

1. to his age, ability and aptitude, and

2. to any special educational needs he may have,

either by regular attendance at school or otherwise.

Home education is covered under "education otherwise" and ensures that every parent has the right to chose not to send their child into the state schooling system.

At the end of 2006 section 4 of the Education and Inspections Act introduced the "Duty to identify children not receiving education" whereby section 436A was added to the 1996 Education Act.

Read more about Children Missing Education legislation and home education (England only) here.