What is the law on home schooling in England

Home schooling, or elective home education, in England is a growing trend among parents and guardians seeking to take control of their children’s education. As the educational landscape evolves, it is crucial for families to understand the legal framework governing home schooling, as well as the responsibilities that come with it. This article will provide an in-depth look at the law on home schooling in England, addressing key topics such as the legal definition of home schooling, registration requirements, the role of local authorities, curriculum guidelines, inspections and support available for home educating families.

Legal Definition of Home Schooling

In the context of English law, home schooling refers to the education of children at home rather than in a conventional school setting. The primary legislation governing education in England is the Education Act 1996 (as amended), which sets the mandate for compulsory education for children aged between five and eighteen. The law stipulates that parents have a duty to ensure that their children receive a suitable education, which may be accomplished through various means, including home schooling.

There is no specific formal process to follow in order to home school a child, but parents must notify the local authority if they choose this educational route. The legal obligation to provide an education remains, and parents are expected to take responsibility for their child’s learning.

Registration Requirements

Unlike some other jurisdictions, there is no requirement for parents to formally register with the local authority to commence home schooling in England. However, if a child has previously attended school, parents are required to inform the school and the local authority of their decision to withdraw the child from formal education. This is usually done by submitting a written notification.

Upon withdrawal, it is advisable for parents to ensure that the process is documented correctly, as local authorities may seek to verify the educational provision being made. Parents are encouraged to provide information about their home schooling intentions, including details regarding the curriculum they plan to follow and any resources they intend to use. While this step is not compulsory, it can foster a positive relationship with educational officials.

Role of Local Authorities

The involvement of local authorities in home schooling in England can vary significantly. While local authorities do not have the power to approve or decline home schooling, they do have a statutory duty to ensure that all children in their area are receiving a suitable education. As such, local authorities may carry out informal inquiries to ascertain whether home educated children are being adequately educated.

Local authorities may request to see evidence of the educational provision being made. This could involve home visits or conversations with parents and children. Parents are not obliged to allow access to their homes or provide documentation. However, engaging with the local authority can lead to more support and resources being available to home educators.

Parents should be aware that if a local authority believes a child is not receiving a suitable education, they may take action to ensure the child is supported in receiving appropriate education. This can lead to more formal inquiries and potential measures to ensure compliance with education law.

Curriculum Guidelines

When it comes to the curriculum, parents have the freedom to choose what to teach their children. The law does not stipulate a specific curriculum for home learners. This flexibility allows families to tailor their educational approach to fit the individual needs and interests of their children.

That said, the law does require that parents provide a suitable education that is efficient and full-time. This is often interpreted as providing a comprehensive education in the core subjects, including English, mathematics, and science, while also allowing for the exploration of other subjects and skills. The aim should be to develop a well-rounded education that prepares children for adult life.

Parents may choose to follow a specific educational philosophy—such as Montessori, unschooling, or the national curriculum—or they may create their own unique programme of study. It is relevant to note that the use of resources and methods may significantly vary from family to family, depending on their educational philosophies, the child’s learning style, and the overall objectives they wish to achieve.

Inspections and Assessment

Home schooling in England does not fall under the same inspection regime as conventional schools; hence, there are no routine inspections to verify the educational standards being met. However, some local authorities may request assessments of the child’s progress, although this is not a legal requirement. Parents can choose to conduct their own assessments, using methods such as portfolios, standardized tests, or external examinations, to evaluate their child’s learning and ensure they are making progress.

If parents choose to pursue formal assessments, it can help to provide a clear overview of their child’s academic development and can also serve as a useful tool for communication with the local authority. It is advisable for parents to maintain regular records of their child’s learning experiences and achievements, even when formal assessments may not be in place.

Support for Home Educators

Numerous resources and support networks exist for families who choose to home school their children in England. Local authorities often provide information and guidance for home educators, including access to libraries, educational groups and extracurricular activities.

In addition to local resources, there are also many online communities and organisations dedicated to supporting home schooling families. These organisations can offer advice on curriculum planning, legal obligations, and even social opportunities for children who are home educated. Networking with other home educators can provide a wealth of knowledge and create a sense of community.

Furthermore, parents can take advantage of various educational resources, such as online courses, workshops, and educational materials, which are widely available. This can enrich the home learning experience and provide diverse learning opportunities for children.

Conclusion

Understanding the law on home schooling in England is essential for any family considering this educational route. While parents have the freedom to educate their children at home, they also carry the responsibility of ensuring a suitable and efficient education. Engaging with the local authority, selecting a tailored curriculum, assessing progress, and seeking support can all contribute to a successful home schooling experience. As educational philosophies and approaches vary, parents can design a comprehensive and fulfilling educational journey that meets their child’s unique needs. Whether through formal resources, local networks, or online support, home schooling can be a rewarding path for families dedicated to their child’s education.

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This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading lawyers. His profile on the independent Review Solicitor website can be found Here