If you've been following the progress of the Children's Wellbeing and Schools Bill through Parliament, you'll know it has generated considerable discussion in the home education community. The Act is now law. But before you worry: the core of home education in England remains unchanged. This guide covers what the Act actually says, what it means for your family, and what, if anything, you need to do right now.
What is the Children's Wellbeing and Schools Act 2026?
The Children's Wellbeing and Schools Act is a wide-ranging piece of legislation covering children's social care, school standards and, crucially for home educators, a new national framework for how local authorities identify and interact with home-educated children.
The Act does not give the government or local authorities the power to dictate your curriculum, your teaching methods, your daily timetable, or the subjects you teach. The fundamental right of parents in England to educate their children at home, in the manner they see fit, has not changed.
The Children Not in School Register
The most significant change for home educating families is the introduction of a duty on local authorities to maintain a Children Not in School Register. If your child is of compulsory school age and is being educated at home and not registered at a school, they must be on the register.
Registration involves providing your local authority with basic information:
- The child's name, address, and date of birth - Your name and contact details as the parent or carer responsible for education - A general description of the educational provision you are making
You are not required to submit lesson plans, detailed evidence portfolios, a curriculum outline, or any proof of hours spent learning. A general description of your approach, whether structured, autonomous, project-based, or otherwise, is what is required.
When does this come into force?
The registration duty will come into effect on a date set by the Secretary of State, which has not yet been confirmed at the time of writing. Families will be given a reasonable period to register once the system opens. You do not need to do anything immediately.
If your child is already known to your local authority, for example because you deregistered them from school, your authority may already hold much of this information. You are likely to be contacted directly when the register opens.
What can and cannot my local authority do?
Local authorities have a new duty to maintain the register and to be satisfied that registered children are receiving a suitable education. This does not mean compulsory visits or inspections of your home.
Your local authority can:
- Ask you for information about your educational provision - Contact your family to discuss education if they have concerns - Make enquiries where a child appears to be of school age and not in school or on the register
Your local authority cannot:
- Enter your home without your consent - Require you to follow a particular curriculum or teaching method - Demand to observe your child being taught - Impose educational targets or standards beyond the existing legal test
The existing legal standard has not changed: education must be efficient full-time education suitable to age, ability, aptitude and any special educational needs.
School Attendance Orders
A School Attendance Order (SAO) can be issued where a local authority is not satisfied that a child is receiving a suitable education. The Act clarifies the process but does not change the fundamental grounds on which one can be issued.
The process remains: the LA makes contact, asks for information, serves notice if not satisfied, and may issue an SAO as a last resort. Parents retain the right to appeal. An SAO is a last resort and the vast majority of home educating families will never encounter one.
Children with EHC Plans
If your child has an Education, Health and Care (EHC) Plan, the existing rules continue to apply unchanged. You still need the agreement of your local authority to home educate a child with an EHC Plan, or to have the school named in the plan amended. If you are in this position, seek advice from a specialist home education organisation.
What has not changed
It bears repeating clearly:
You do not need Ofsted approval to home educate. You do not need to follow the National Curriculum. You do not need to teach for a set number of hours per day. You do not need to sit your child for any particular examinations. You do not need to allow a local authority officer into your home.
The right to educate your children at home, in a way that reflects your family's values and approach, remains fully intact.
Quick summary
| Topic | What the Act says | What you need to do |
|---|---|---|
| Registration | Home-educated children must be registered with the local authority | Register when the duty comes into force (date TBC). Provide name, address, and a brief description of your provision. |
| Curriculum | Not specified: parents retain full choice of approach | Nothing to change: continue educating as you see fit |
| LA visits | Not compulsory. LAs may make enquiries but cannot enter your home without consent. | You choose whether to engage directly with your LA |
| Record keeping | Not required by the Act, but good records help if your provision is ever questioned | Keep records of learning: good practice regardless of the law |
| EHC Plans | Existing rules unchanged | Seek specialist advice if your child has an EHC Plan |
A note on record keeping
While the Act does not require you to submit detailed records to your local authority, keeping a clear picture of your child's learning is still excellent practice. If your provision is ever questioned, whether by an LA, by family or in any other context, thoughtful records are your best evidence that you are meeting your legal duty.
Records do not need to be formal or onerous. Photographs of projects, samples of writing, notes from conversations, books read, places visited: all of these build a genuine picture of an engaged and thriving learner. Little Folio was designed exactly for this: to make record keeping feel natural rather than burdensome, and to give you something reassuring to look back on as the years go by.
Start your free trial of Little FolioFurther support and information
The home education community in England is experienced at navigating legal change. Organisations including Education Otherwise and the Home Education UK network publish guidance and offer peer support to families. Always read primary sources alongside community commentary.
*Disclaimer: This article is for general informational purposes only and does not constitute legal advice. The commencement dates for specific provisions of the Children's Wellbeing and Schools Act 2026 have not all been confirmed at the time of writing. Families with specific concerns, particularly those with children on EHC Plans or in complex circumstances, should seek advice from a specialist home education organisation or a qualified legal adviser. Little Folio is a record-keeping tool and is not a legal services provider.*