The Children’s Wellbeing and Schools Bill is the biggest change to home education law in England and Wales in decades. It is currently in its final parliamentary stages — the next event is 15 April 2026 — and it is expected to receive Royal Assent by Easter 2026.
If you are a parent, whether you home educate or not, this bill affects you. Here is everything you need to know, in plain English, with no scaremongering.
What Is the Children’s Wellbeing and Schools Bill?
The bill was introduced to Parliament on 17 December 2024 by the Labour government. It covers a wide range of changes to children’s social care and education. The sections that affect home educating families are clauses 31 to 36 (now clauses 39 to 44 after Lords amendments), collectively known as the “Children Not In School” provisions.
The bill is not just about home education. It also covers looked-after children, care leavers, academy school regulation, teacher qualification requirements, school breakfast clubs, and child protection. But the home education sections are the most controversial and the most widely misunderstood.
What Is Actually Changing for Home Education?
1. Mandatory Registration
Under the new law, all children who are educated at home in England must be registered with their local authority. This includes children who are already being home educated, not just those who deregister in the future.
This is the single biggest change. Currently, there is no requirement to register. Many local authorities do not know how many children are being home educated in their area. The government’s stated aim is to ensure no child “falls through the gaps” between different services.
What you will need to provide: your child’s name, date of birth, your contact details, and basic information about the education you are providing. The government has said it will publish statutory guidance on exactly what information is required, following a public consultation after Royal Assent.
2. Local Authority Home Visits (Pilot Scheme)
The government has proposed amendments to pilot mandatory meetings between local authorities and parents before parents can withdraw their children from school. This pilot would apply in no more than 30% of local authority areas.
If you refuse a visit within 15 days of registration, this refusal can be factored into School Attendance Order decisions. This is controversial because under current law, there is no obligation to allow the local authority into your home or to let them see your child.
3. Consent Requirements for Some Families
If your child is or was recently on a child protection plan (Section 47 or Section 31 of the Children Act 1989) or classified as a child in need (Section 17), the local authority must consent to your child being deregistered from school. This was widened during the Lords stage to include families who have ever had child protection enquiries or proceedings, not just recent ones.
This is the most controversial provision. Critics argue it creates a two-tier system where some families need permission to home educate while others do not, and that it disproportionately affects families who have already been through difficult circumstances.
4. What Is NOT Changing
It is critical to understand what the bill does not do:
- Your right to home educate is not being removed. Section 7 of the Education Act 1996 still applies. Education is compulsory. School attendance is not.
- You do not need to follow the National Curriculum. There is no requirement to teach specific subjects or follow a set timetable.
- You do not need a teaching qualification.
- The definition of “suitable education” is not changing. It remains education suitable for your child’s age, ability, aptitude, and any SEN — not education compared to what a school would provide.
The Timeline: What Happens Next
The bill passed its third reading in the House of Lords on 9 February 2026. It returned to the House of Commons for consideration of Lords amendments on 9 March 2026. The next event is consideration of the Lords’ message on 15 April 2026.
After both Houses agree on the final text, the bill receives Royal Assent and becomes law. The government has indicated this could happen by Easter 2026.
However — and this is important — even after Royal Assent, the home education provisions cannot take effect immediately. Secondary legislation (the detailed regulations) must be drafted, consulted on, and brought into force. The government has confirmed that a public consultation on the regulations will take place after Royal Assent. The earliest the measures could come into force would be late 2026, and the pilot scheme for mandatory meetings is likely to start even later.
What Should You Do Now?
If You Are Already Home Educating
Do not panic. Your right to home educate is not being removed. When the registration requirement comes into force, you will need to register your child with your local authority. Start keeping clear records of your child’s learning now — not because you are required to, but because it will make any future conversations with the LA much easier.
Connect with local home education groups and national organisations like Education Otherwise, the Home Education Advisory Service, and Ed Yourself for up-to-date guidance specific to your situation.
Our Home Ed Starter Checklist has been updated to reflect the 2026 changes and includes guidance on what to expect.
If You Are Thinking About Deregistering
The fundamental right to home educate remains. If you are considering removing your child from school, the process has not changed yet. You write a deregistration letter to the headteacher and your child is removed from the school roll. The school cannot refuse.
However, if the pilot mandatory meeting scheme is introduced in your local authority area, you may need to attend a meeting before deregistration takes effect. This is not yet in force and may not apply in your area.
Our Complete Home Ed Startup Kit includes deregistration letter templates and local authority response letters, updated for the 2026 bill.
If You Have Had Contact With Social Services
The consent provisions may affect you if your child is or was on a child protection plan, or if your family has been classified as in need. If this applies to you, seek specific legal advice. The Home Education Legal Defence Fund and Education Otherwise can help.
Our Position
At Darling Mellow, we believe every parent has the right to educate their child in the way that is best for that child. We support transparency and safeguarding, but we also believe that the majority of home educating families provide excellent, loving, individualised education that schools cannot match.
We will continue to update our Home Education Hub as the bill progresses and as secondary legislation is published. Bookmark it and check back regularly.
Last updated: April 2026. This article will be updated as the bill progresses through its final stages.
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