The Complete Home Ed Startup Kit

Home Ed

The Complete Home Ed Startup Kit

Legal guides, deregistration templates, LA response letters, curriculum options, resource lists, and step-by-step plan.

£37
⚠️ LAW CHANGE IN PROGRESS (April 2026): The Children's Wellbeing and Schools Bill is in its final parliamentary stage (next event: 15 April 2026). Expected Royal Assent by Easter 2026. It introduces mandatory registration for home-educated children. The right to home educate is NOT being removed. Actual requirements won't take effect until late 2026 (secondary legislation needed). See our Home Ed Hub for live updates.

Part 1: The Full Legal Framework

Your right to home educate

Section 7 of the Education Act 1996 states that parents must ensure their child receives "efficient full-time education suitable to his age, ability and aptitude, and to any special educational needs he may have, either by regular attendance at school or otherwise."

The word "otherwise" is the legal basis for home education. This has been upheld consistently in case law, including Harrison & Harrison v Stephenson (Worcester Crown Court, 1981), which defined "efficient" as education that "achieves what it sets out to achieve" and "suitable" as education that "prepares the child for life in modern civilised society."

Under current law you do NOT need:

  • Permission from the school, local authority, or anyone else
  • A teaching qualification
  • To follow the National Curriculum (Section 351-353 Education Act 1996 — only applies to maintained schools)
  • To follow school hours, terms, or any set timetable
  • To allow the LA into your home
  • To allow the LA to see or interview your child
  • To provide evidence in any prescribed format

What "full-time" means

There is NO legal definition of full-time for home education. The DfE guidance states: "Home education does not have to mirror school hours." Schools typically provide 25 hours per week across 38 weeks. But one-to-one education is far more efficient than classroom teaching — most experienced home educators find 2-4 hours of focused activity per day for primary-age children is more than adequate.

The Children's Wellbeing and Schools Bill

Status as of April 2026: The Bill has passed both Houses of Parliament and is in the "ping pong" stage. Commons considered Lords amendments on 9 March 2026. Next event: 15 April 2026 (consideration of Lords message). Expected Royal Assent by Easter 2026.

What it introduces:

  • Mandatory register of all children not in school (Clauses 39-44)
  • Duty on parents to provide information to LA and keep it updated
  • LA power to request home visit within 15 days of registration
  • If visit refused, this may factor into School Attendance Order decisions
  • Consent requirement for deregistration if child is/was recently on a child protection plan, subject to S.47 enquiries, S.31 care proceedings, or classified as child in need under S.17 Children Act 1989

What it does NOT change:

  • Your fundamental right to home educate
  • Freedom from the National Curriculum
  • No requirement for teaching qualifications
  • No LA power over your educational content or approach

Timeline: Even after Royal Assent, secondary legislation and statutory guidance must be drafted and consulted on before requirements take effect. The earliest this could happen is late 2026. There will also be a pilot scheme for mandatory meetings with the LA before full rollout.

Part 2: Step-by-Step Deregistration

If your child has NEVER been enrolled at school:

You don't need to do anything. There is no registration requirement (under current law). You are already legally home educating by default. The LA may become aware of your child through GP records, benefits claims, or other services, and may contact you — but you are not required to register.

If your child IS currently enrolled:

  1. Write a deregistration letter to the headteacher
  2. Send by recorded delivery (proof of receipt is essential)
  3. Keep a copy with the postal receipt
  4. The school MUST remove your child from the roll under Regulation 8(1)(d) of the Education (Pupil Registration) (England) Regulations 2006
  5. The school will notify the local authority
  6. The LA will contact you — typically within 2-6 weeks

Deregistration letter (comprehensive version):

Dear [Headteacher's name],

I am writing to inform you that I have decided to provide education otherwise than at school for my [son/daughter] [child's full name], date of birth [DOB], with effect from [date].

This decision is made in accordance with Section 7 of the Education Act 1996, which states that parents shall cause their child to receive efficient full-time education "either by regular attendance at school or otherwise."

Please remove [child's name] from the school register under Regulation 8(1)(d) of the Education (Pupil Registration) (England) Regulations 2006 and confirm in writing that this has been done. I understand you will notify the local authority.

Please also arrange for [child's name]'s school records to be made available to me on request, as is my right under the Data Protection Act 2018 / UK GDPR.

Yours sincerely,
[Your full name]
[Your address]
[Date]
EHCP Exception: If your child has an Education, Health and Care Plan and attends a special school through LA arrangements, they cannot be removed without the LA's consent (Section 348 Education Act 1996). For mainstream schools with an EHCP, deregistration proceeds normally, but the LA retains its duty to review the EHCP annually.

What if the school tries to refuse?

They can't. The law is clear. But some schools do try to delay or discourage. Common tactics and responses:

  • "You need to come in for a meeting first" → You don't. The letter is sufficient. "Thank you, but my decision is final. Please process the deregistration."
  • "We need to inform social services" → Choosing to home educate is not a safeguarding concern. If they do refer, cooperate calmly — it will be closed quickly.
  • "Can you wait until the end of term?" → You can deregister at any time. You don't need to wait.
  • "Your child will lose their place" → True — but you can reapply for a school place at any time if home education doesn't work out. Admissions are through the normal process.

Part 3: Dealing with the Local Authority

What the LA can legally do:

  • Write to you asking for information about your educational provision (Section 437 Education Act 1996)
  • Make informal enquiries to satisfy themselves education is suitable
  • Issue a formal notice under Section 437(1) requiring you to demonstrate suitability
  • Issue a School Attendance Order if they are not satisfied (Section 437(3))

What the LA CANNOT do (under current law):

  • Enter your home without your consent
  • Demand to see or speak to your child
  • Require evidence in any specific format
  • Dictate your curriculum or approach
  • Require regular inspections or assessments
  • Insist on home visits

Three-level response strategy:

Level 1: Written report (recommended for most families)

Dear [LA Officer],

Thank you for your letter regarding [child's name]'s education.

I can confirm that [child] is receiving suitable full-time education in accordance with Section 7 of the Education Act 1996. Our approach is [eclectic/Charlotte Mason/structured/child-led] and includes:

• Literacy: [specific details]
• Numeracy: [specific details]
• Science: [specific details]
• Humanities: [specific details]
• Physical education: [specific details]
• Social development: [specific details]

Recent examples: [2-3 specific examples]

I am happy to provide written updates periodically. I do not consent to a home visit at this time.

Yours sincerely,
[Your name]

Level 2: If the LA pushes back

Dear [LA Officer],

Thank you for your further letter. I note your request for [a visit/more detail/to see the children]. I have provided a written report of our educational provision as per the DfE Elective Home Education guidance.

I would remind you that there is no legal requirement for me to accept a home visit, and that the DfE guidance states: "Parents are not required to... allow access to their home. They may choose to meet at an alternative venue."

If you have specific concerns about the suitability of the education I am providing, I would ask that you set these out in writing so I can address them directly.

Yours sincerely,
[Your name]

Level 3: If they issue a Section 437(1) notice

A formal notice under Section 437(1) requires you to demonstrate within a set period (usually 15 working days) that your child is receiving a suitable education. At this point, we strongly recommend:

  • Seek advice from Education Otherwise (educationotherwise.org) or your local home ed support network
  • Provide a detailed written response with specific examples of educational provision
  • Consider whether a one-off meeting at a neutral venue would resolve the issue
  • If a School Attendance Order is issued, you have the right to challenge it at a Magistrates' Court

Part 4: Curriculum Deep-Dives

Charlotte Mason in practice:

  • Short lessons: 15-20 minutes per subject for under-9s, building to 30-45 minutes for older children
  • Living books: Real literature instead of textbooks. For history: historical fiction and primary sources. For science: real accounts of discovery.
  • Narration: After reading a passage, the child tells back what they heard — their own version, not word for word. This builds comprehension, memory, and communication skills.
  • Nature journal: Regular outdoor study with sketching, observation, and seasonal tracking
  • Free resources: Ambleside Online (amblesideonline.org) — a complete free Charlotte Mason curriculum

Unschooling in practice:

  • Follow the child's interests completely. If they're obsessed with Minecraft, that IS the curriculum — architecture, resource management, geometry, teamwork, coding (with mods)
  • Your role: facilitator, not teacher. Provide resources, create opportunities, ask questions, and trust the process
  • Keep a log of what they do naturally — you'll be amazed at how much learning happens without formal instruction
  • Read: "Free to Learn" by Peter Gray, "How Children Learn" by John Holt

Structured/exam-focused:

  • IGCSEs (Cambridge or Edexcel) — popular with home educators because most are 100% exam-based, no coursework
  • Exam centres: Search "private candidate exam centres [your area]" or contact local schools and colleges
  • Registration: Usually opens October for summer exams. Fees £30-100 per subject
  • Resources: CGP revision guides, Save My Exams, Physics & Maths Tutor (all free), Seneca Learning (free)

Part 5: SEND and Home Education

You can absolutely home educate a child with Special Educational Needs and Disabilities. The same legal right applies.

  • If your child has an EHCP, the LA retains its duty under Section 42 of the Children and Families Act 2014 to ensure the provision in the plan is met
  • You can request that the EHCP is amended to reflect home education provision
  • The LA must review the EHCP annually, even if the child is home educated
  • You may be able to access some services specified in the EHCP (e.g. speech therapy, occupational therapy) even while home educating — discuss with your LA's SEND team
  • The IPSEA website (ipsea.org.uk) provides free legal advice on SEND and education

Part 6: Record-Keeping

You're not legally required to keep records, but it's strongly recommended:

  • Weekly/daily tracker: What you did, what resources you used, what your child was interested in (see our Home Ed Weekly Planner)
  • Monthly reflection: What went well, what didn't, what to try next month
  • Photos: Take pictures of projects, art, experiments, outings. These are powerful evidence of learning.
  • Book lists: Track what your child reads — this is compelling evidence of literacy development
  • Correspondence: Keep copies of all letters to/from the LA, school, and any professionals
Why records matter: Even though they're not required, records serve three purposes: (1) evidence if the LA asks for it, (2) your own confidence that learning is happening on the hard days, and (3) a beautiful record of your child's education journey that you'll treasure later.
Free updates included. When we update this product, you automatically get the latest version at no extra charge. Content is versioned and dated — you will always have access to the most current information. Last updated: April 2026.

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Legal Disclaimer — Home Education: This content provides general information about home education law in England and Wales as of April 2026. It is not legal advice. The law in this area is actively changing — the Children's Wellbeing and Schools Bill is expected to receive Royal Assent in 2026 and will introduce new requirements including mandatory registration for home-educating families. For advice about your specific circumstances, consult a qualified solicitor, contact Education Otherwise (educationotherwise.org), or seek guidance from your local home education support network. Darling Mellow Ltd (Company No: 16314161) accepts no liability for any decisions made or actions taken based on the information provided. You are responsible for verifying the current legal position before acting.
Digital Product Terms: This digital product is provided by Darling Mellow Ltd (Company No: 16314161) for personal, non-commercial use only. By accessing this content, you acknowledge that: (1) digital products cannot be returned once accessed, in accordance with the Consumer Rights Act 2015 — you were informed of this before purchase and access; (2) you may not reproduce, distribute, resell, publish, or share this content in any form without prior written permission; (3) while every reasonable effort has been made to ensure accuracy as of April 2026, information may become outdated and you are responsible for verifying critical information; (4) free lifetime updates to this product are included. For technical issues: mellow@darlingmellow.co.uk.
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