The Children's Wellbeing and Schools Act 2026: what homeschooling parents need to know

If you’re thinking about homeschooling, you may have seen headlines suggesting that the new Children’s Wellbeing and Schools Act 2026 is going to make home education much more difficult.

It’s understandable if that sounds worrying. But the reality is much less dramatic.

Homeschooling remains legal, and the new Act does not mean that you need to ask the government for permission to educate your child at home. For most families, the biggest change will be that your local authority will eventually need to know that your child is being educated outside school and will collect some basic information about their education.

Here’s what you actually need to know. The guidance does vary depending on where you live in the UK.

England

The new Act creates a Children Not in School register in every local authority.

Importantly, these new registration requirements are not yet in force. So if you are deciding whether to homeschool now, you do not currently have to register under the new system. The government still needs to bring these provisions into force and make some of the regulations that will determine exactly how the system operates.

Once the new system starts, if your child is of compulsory school age and is not registered at a school, you will generally need to tell your local authority that your child is being educated outside school.

You'll need to provide information such as:

• your child's name, date of birth and address

• your details as their parent

• details of any other address where your child lives

• who is providing their education

• an estimate of how much time they spend being educated by you and by anyone else.

You will also need to tell the council about certain changes to this information within 15 days of becoming aware of them. The council can ask for updated information about the education being provided, although it cannot make these requests more often than once every three months and must make such a request at least once a year.

Will the council inspect my home?

The new law does give local authorities a new responsibility to consider your child's home and other learning environments when they are registered.

They will be able to request a visit to your home. The request must be made within 15 days of registration, although the actual visit can take place later.

That doesn't mean every family will automatically receive a home inspection. The legislation gives councils powers to request visits and requires them to consider the learning environment; the detailed way this will work will be set out in regulations and guidance.

There are some important exceptions

The Act introduces a new consent requirement for particular groups of children.

If your child attends a special school, is currently subject to a Section 47 child-protection enquiry, or has been subject to a child protection plan within the previous five years, you will need local authority consent before withdrawing them from school to home educate.

For everyone else, the new registration system is not a licensing system. The council is not being given a general power to decide whether your family is "allowed" to homeschool.

There will also be a pilot scheme in some areas where parents may have to attend a meeting with the local authority before their child can be removed from the school roll. The pilot can cover up to 30% of local authorities and will run for between two and five years. It is not the same thing as the consent requirement above.

Wales

Wales is introducing a similar Children Not in School system.

When the provisions come into force, parents of children of compulsory school age who are not registered at a school in Wales will have to tell their local authority. The Welsh Government says the purpose is to make sure councils know which children are not in school and can check that they are receiving a suitable education and are safe.

The same broad changes apply: registration, information requirements, consideration of the child's home and learning environment, and additional safeguards for certain children.

So if you're in Wales, home education is still an option — there will simply be more formal contact with your local authority than there has traditionally been.

Scotland

The 2026 Act does not introduce this new registration system in Scotland.

Instead, Scotland already has its own rules.

If your child currently attends a public school, you normally need to ask your local authority for consent before withdrawing them to home educate. The council must not unreasonably refuse.

You don't need to be a qualified teacher. When applying, you should explain how you intend to educate your child and give some indication of your educational aims and resources. The Scottish guidance specifically recognises that your initial plans don't have to be extremely detailed.

Northern Ireland

Northern Ireland has its own system too.

Parents can choose elective home education and do not need to be qualified teachers or follow the school curriculum. If your child is currently attending school, you should tell the school that you are choosing home education so that the appropriate deregistration arrangements can be made. The Education Authority's home education team can also provide advice and support if you want it.

So what should you actually do?

If you're in England and thinking about homeschooling right now, don't let the new Act put you off.

You don't need to wait for the new registration system. You don't need to apply for a licence. And you don't need to have an entire year's education planned before making your decision.

The new law does mean that, in future, there will be a little more administration and more contact with your local authority. But for the vast majority of families, it is not a barrier to homeschooling.

You can still choose a different way of educating your child. You can still build an education around their interests, needs and pace. And you don't have to become a school teacher to do it.

The rules may be changing. But the basic choice remains yours.