Section 7 of the Education Act 1996 makes parents legally responsible for ensuring their child receives a suitable, full-time education, either at school "or otherwise". This otherwise clause is the legal basis for home education. Local authorities can make informal enquiries but cannot demand entry to your home, and school attendance orders are used only as a rare last resort.
Home education is sometimes assumed to be a legal grey area, but it is in fact clearly established in UK law, with a specific statutory basis, defined local authority powers, and government guidance setting out how those powers should be used. This guide sets out exactly what the law says, what "suitable education" means in practice, what local authorities can and cannot do, and how the picture differs across England, Wales, Scotland and Northern Ireland.
We also cover the Department for Education’s 2019 guidance for local authorities and the ongoing development of a Children Not in School register, which will change some of the detail in England in the coming years.
Section 7 of the Education Act 1996 explained
Section 7 states that the parent of every child of compulsory school age must ensure that the child receives efficient full-time education suitable to their age, ability and aptitude, and to any special educational needs they may have, either by regular attendance at school or otherwise.
This means the legal duty sits with parents, not the state, and there is no requirement to seek permission before home educating, provided the resulting education meets the suitability test.
What does "suitable education" actually mean?
The law does not define "suitable education" with a precise checklist. Case law and official guidance instead describe it broadly as an education that would prepare a child for life in wider society and enable them to achieve their full potential, taking into account their individual circumstances.
It does not have to follow the National Curriculum
It does not have to be delivered for the same number of hours as a school day
It does not require a qualified teacher; parents themselves can teach, or arrange tuition, or use a mix of approaches
It must, in general terms, cover core skills such as literacy and numeracy and give the child a reasonable chance of the knowledge and skills expected for their age
Local authority powers: informal enquiries
Local authorities have a duty under Section 436A of the Education Act 1996 to make arrangements to identify children in their area who are not receiving a suitable education, whether at school or otherwise.
LAs can write to home-educating families and ask for information about the education being provided
LAs can request a meeting, sometimes at the family’s home or another agreed location, though attendance at such a meeting is not a strict legal requirement provided the LA is otherwise satisfied
LAs have no legal right to enter a family home without invitation or to demand to see the child alone
LAs cannot dictate a specific curriculum, set hours, or require particular qualifications from parents providing home education
In practice, most LAs rely on written reports, portfolios of work, or informal conversations to satisfy themselves that a suitable education is taking place.
School attendance orders: the rare last resort
If a local authority forms the view, after reasonable enquiry, that a child is not receiving a suitable education and informal engagement has not resolved its concerns, it can issue a School Attendance Order requiring the parent to register the child at a named school.
Failing to comply with a School Attendance Order without reasonable justification can ultimately lead to prosecution, but this sits at the very end of a lengthy escalation process that starts with informal enquiry.
How the law differs across England, Wales, Scotland and Northern Ireland
Home education law across the UK nations
Nation
Key legal basis
Notable difference
England
Education Act 1996, Section 7
No registration requirement if never enrolled in school; a Children Not in School register has been proposed
Wales
Education Act 1996, plus Welsh Government policy
Wales has moved towards requiring registration of all home-educated children through a dedicated database
Scotland
Education (Scotland) Act 1980
Local authority consent is required to deregister a child already enrolled at a Scottish school, a stricter rule than in England
Northern Ireland
Education and Libraries (Northern Ireland) Order 1986
Similar principles to England, with the Education Authority holding a broadly equivalent oversight role
Families moving between UK nations should check the specific current rules for their location, since requirements, particularly around registration, have been actively evolving in recent years.
The 2019 DfE guidance and the Children Not in School register
In 2019, the Department for Education published updated guidance for local authorities on elective home education, clarifying expectations around how LAs should identify home-educated children, conduct informal enquiries, and support families, while reinforcing that LAs have no automatic right of entry to the family home.
Separately, the government has consulted on introducing a statutory Children Not in School register in England, intended to give local authorities a clearer picture of children being home educated in their area. This has not yet been fully implemented as binding law across England, so home-educating families should check the current gov.uk guidance for the latest position.
Frequently asked questions
What law allows home education in the UK?
Section 7 of the Education Act 1996 is the primary legal basis, placing the duty to secure a suitable education on parents and allowing this to be delivered by regular school attendance "or otherwise".
Can a local authority force my child back into school?
Only through a formal School Attendance Order, issued after informal enquiries and a structured process, and only if the LA is not satisfied that a suitable education is being provided. This is a rare, last-resort outcome.
Does a home educating parent need a teaching qualification?
No. There is no requirement for parents to hold a teaching qualification or any specific qualification to home educate their child.
Can I refuse a local authority home visit?
Yes. Local authorities have no automatic legal right to enter your home, and you can offer alternative ways to demonstrate a suitable education, such as a written report or portfolio, instead of a home visit.
What does "suitable education" mean legally?
It is not precisely defined in law, but is generally understood as an education that develops a child’s full potential and prepares them for life in wider society, taking into account their age, ability, aptitude and any special educational needs.
Is home education law the same in Scotland as in England?
No. Scotland requires local authority consent to deregister a child who is already enrolled at a Scottish school, which is a stricter requirement than in England.
What is the Children Not in School register?
It is a proposed statutory register in England intended to give local authorities better information on children being home educated, though it has not yet been fully implemented as binding law across England.
Can my child be prosecuted for not attending school if they are home educated?
No, provided a suitable education is genuinely being provided. Prosecution risk arises only where a School Attendance Order has been issued and not complied with, which itself follows a lengthy prior process.
