Home education law in England has had an unusually loud year. New rules, new powers, a new register, a new headline seemingly every few weeks, and not all of it is accurate. Some claims doing the rounds are simply outdated. Some are true, but reported as though they already apply, when in fact they do not yet.
This guide works through the claims causing the most confusion right now, myth by myth, and sets each one against exactly what the law says today. Where something genuinely has changed, we say so plainly. Where it has not, we say that too.
Myth 1: You need Local Authority permission to home educate
This is one of the oldest and most persistent myths in English home education, and it is not true. Under section 7 of the Education Act 1996, the legal duty to secure a suitable education sits with parents, not with the state, and parents are free to discharge that duty themselves rather than through school attendance.
If your child has never been registered at a school, you do not need to inform anyone that you are choosing to home educate, and no permission from your Local Authority is required to begin. If your child is currently on a school roll, you do not need permission either. You simply need to notify the school in writing that you are removing them, a process usually called deregistration.
There is one narrow, genuine exception, and it is worth being precise about it because it is often either missed entirely or wrongly applied to every family. If your child has an Education, Health and Care (EHC) Plan naming a special school, you do need your Local Authority's agreement, or a First-tier Tribunal or Secretary of State direction, before deregistering. Outside of that specific situation, no such consent exists in law.
Home education has never required a Local Authority's permission to begin. It requires only a suitable education, and the judgement of what is suitable sits, first, with you.
Myth 2: The Children Not in School register is already in effect
The Children Not in School (CNIS) register was created by the Children's Wellbeing and Schools Act 2026, which received Royal Assent earlier this year. But an Act receiving Royal Assent and a specific duty within it actually coming into force are two different things, and conflating them is where most of the confusion currently online comes from.
The registration duty needs a commencement date set by the Secretary of State, along with further regulations setting out exactly how it will work, before Local Authorities have any statutory power to require families to register. At the time of writing, no such commencement date has been confirmed, and registration is not expected before 2027 at the earliest.
If you would like the fuller picture of what the Act does and does not do, our full guide to the Children's Wellbeing and Schools Act 2026 covers it section by section.
Myth 3: You must follow the National Curriculum and allow home visits
Two separate myths tend to travel together, so it is worth taking them apart. The first is that home educators must follow the National Curriculum. They do not. Current gov.uk guidance on elective home education is clear that your obligation is to provide a suitable, full-time education appropriate to your child's age, ability, and aptitude, including any special educational needs. What counts as suitable is intentionally broad and does not require alignment with school year group content, assessment standards, or a fixed timetable.
The second is that a Local Authority officer can insist on entering your home to check on your child's education. They cannot. A home visit is not a legal requirement, and you are entitled to decline one. If you do decline, it is sensible to offer an alternative way to demonstrate your child's education, such as a written report, samples of work, or a meeting away from your home.
What has genuinely changed under the Children's Wellbeing and Schools Act 2026
None of this means nothing has changed. The Act is real, and once its provisions are commenced, the Children Not in School register will represent a genuine expansion of Local Authority involvement. Registered families will, for the first time, sit on a formal record, and Local Authorities will gain a clearer statutory duty to make enquiries about the suitability of a registered child's education, rather than relying on the more informal enquiry powers they use today.
What has not changed, and what the Act does not touch, is the substance of your right to home educate. There is still no requirement to follow the National Curriculum, hold teaching qualifications, teach for a set number of hours, or allow a Local Authority officer into your home. The paperwork around home education is set to expand. The freedom underneath it is not.
The right to home educate has not been narrowed. What has changed is the paperwork that will eventually sit around it, not the freedom underneath it.
How to check whether something you have read is accurate
Given how quickly this area of law is moving, it is worth building a habit of checking claims rather than accepting them at face value, particularly anything shared as a screenshot without a source.
Check the date. An article or social media post that was accurate in early 2026 may already be out of date by the time you read it, especially anything describing commencement dates or registration requirements.
Go back to a primary source. The full text of the Education Act 1996 is available on legislation.gov.uk, and official guidance for parents is published on gov.uk. Both are more reliable than a paraphrase.
Cross-check with an established organisation. Groups such as Education Otherwise track legal developments closely and are a useful way to check whether a claim reflects current law or a proposed future change.
Be wary of absolute claims. Home education law has genuine nuance, such as the EHC Plan exception covered above. A claim that applies "to every family" without qualification is worth double-checking.
Summary: myth vs fact at a glance
| Myth | What the law actually says |
|---|---|
| You need Local Authority permission to home educate | No permission is needed to begin; you simply notify the school in writing if your child is on a school roll |
| The Children Not in School register is already in effect | It has not been commenced; registration is expected from 2027 at the earliest |
| You must follow the National Curriculum | There is no such requirement; you must provide a suitable, full-time education instead |
| Your Local Authority can insist on a home visit | A home visit is not a legal requirement and can be declined |
| Every family needs Local Authority consent to deregister | Only children with an EHC Plan naming a special school need consent |
Frequently asked questions
Do I need permission to home educate in England?
No. Under section 7 of the Education Act 1996, the duty to secure a suitable education sits with parents, and no Local Authority permission is required to begin home educating, whether your child has never attended school or you are deregistering them from one. The single exception is a child with an Education, Health and Care Plan naming a special school, where Local Authority agreement, or a tribunal or Secretary of State direction, is required before deregistering.
Is the Children Not in School register already in effect?
No. The register was created by the Children's Wellbeing and Schools Act 2026, but the duty to register requires a commencement date set by the Secretary of State and further regulations, neither of which had been confirmed at the time of writing. Registration is expected from 2027 at the earliest. Until it is formally commenced, there is no legal requirement to register with your Local Authority.
Can my local authority insist on a home visit?
No. A home visit is not a legal requirement, and you can decline one without being in breach of any duty. You can offer an alternative way to demonstrate your child's education instead, such as a written report, samples of work, or a meeting away from your home.
Do I have to follow the National Curriculum?
No. Home educators in England are not required to follow the National Curriculum. Your obligation is to provide a suitable, full-time education appropriate to your child's age, ability, and aptitude, including any special educational needs, and what counts as suitable is intentionally broad.
What has actually changed under the new Act?
The most significant change is the creation of the Children Not in School register, which will eventually require home educating families to register with their Local Authority and will give Local Authorities a clearer statutory duty to make enquiries about registered children. It has not changed the core rights of home educating parents: there is still no requirement to follow the National Curriculum, hold teaching qualifications, or allow a home visit.
How can I check something I have read is accurate?
Check the date of anything you read, since this area of law is actively developing, and go back to a primary source where possible, such as the relevant section of the Education Act 1996 on legislation.gov.uk or the official guidance on gov.uk, rather than relying on a social media summary. Established organisations such as Education Otherwise are also a reliable way to check whether a claim reflects current law or a proposed future change.
Further reading
- How to deregister your child from school to home educate in England
- How to respond when your Local Authority contacts you about home education
- The Children's Wellbeing and Schools Act 2026: what home educators need to know
Little Folio is a record-keeping app built for home educating families in England. Log activities, store evidence, manage Local Authority correspondence, and generate professional reports in one place.
Last updated: July 2026. This post is for information only and does not constitute legal advice. Verify against current official guidance and seek independent legal advice for your specific circumstances.