Term-Time Days Out: The Quiet Advantage of Home Educating
Quick answer Home educated children are not bound by school term dates, which is the single...

On 12 November 2026 the Department for Education opened a consultation on draft statutory guidance and proposals for regulations for the children not in school registers. It covers England only and closes at 11.59pm on 3 February 2027. It asks which children should be on the registers, what information should be recorded, which tutors and other providers should have to give information, and about a pilot of mandatory meetings before a child can be taken out of school to be home educated. The register is still not in force, and none of the documents gives a start date. Anyone can respond, in their own words.
Here is what the consultation actually contains, taken from the documents themselves, so you can decide for yourself what you think and what you want to say.
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Get the System for £49 →It is the Department for Education’s consultation on how the children not in school measures in the Children’s Wellbeing and Schools Act 2026 will work in practice. It publishes a draft of the statutory guidance that local authorities and parents would follow, plus proposals for the regulations that sit under the Act. The consultation document says the new guidance “updates and incorporates” the department’s existing elective home education guidance (consultation document, page 6), and the draft guidance says it “replaces the Elective Home Education guidance for local authorities and parents” (draft guidance, page 2).
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Responses “will help inform the final guidance and regulations” (page 7), and the government says it will publish its response on GOV.UK in spring 2027 (page 8).
No. The draft guidance leaves the date it would apply from as a blank placeholder to be filled in later (draft guidance, page 2), and the documents do the same wherever a start date would go. The register duties in sections 37 to 42 of the Act are not yet in force; only the powers to make regulations under them have applied since the Act was passed on 29 April 2026. The latest commencement regulations, SI 2026/1165, made on 4 November 2026, set dates for other parts of the Act and do not touch them. There is nothing to register and nothing to send today. Our guide to what has and has not changed tracks the legal position.
The consultation document lists the children in scope, including home educated children (among them 14 to 16 year olds in part-time further education), children in alternative provision or education otherwise than at school who are not on a school roll, children in full-time online education, and children missing education (page 20).
The draft guidance lists names, addresses, the child’s date of birth, each parent who provides education, details of other education providers, and estimates of time (pages 25 to 26). The Act already requires councils to record “an estimate of the amount of time that the child spends receiving education from each of their parents” and a separate estimate for education from other people (consultation document, page 22), so this part is not itself being consulted on (page 40).
The estimates are bands, not exact hours. The draft guidance gives the bands as 0 hours, 1 to 5, 6 to 10, 11 to 15 and 16 or more (page 26, footnote 17). The template forms later in the same document use different bands (0, 1 to 5, 6 to 10 and 11 or more, pages 89 and 95), so the final bands are not yet clear.
Some information would be recorded only if the council holds it or can reasonably obtain it, such as ethnicity, special educational needs and exam entries (consultation document, page 23; draft guidance, page 31). The council may ask you for it, but you would not have to give it: “Parents of registered children will not be required to supply any of this information” (consultation document, page 23).
What happens if information is not given is worded differently in different places. One page says the council “must issue a preliminary notice” (draft guidance, page 31), another says it “has discretion” to (page 59), and the parents’ overview says deliberately withholding or giving false information “may lead to” the school attendance order process (page 9). Our school attendance order guide explains how that process works today.
Yes, above a threshold. The draft guidance describes providers such as “private tutors, supplementary schools, forest schools, or specialist providers for children with SEND” who educate a child for more than 6 hours a week without a parent actively involved (page 34). The consultation question puts it as “six hours or more” a week (question 26), so the wording differs between documents.
If the council asks, providers would have to give the child’s name, date of birth and address, and the total and unsupervised time (page 36). These would be exempt: Department for Education accredited online providers, accredited museums, council libraries and temporary work experience (page 37). Scouts, Guides and Cadets are not proposed to be exempt, although the consultation says they would not normally reach the six hour threshold (consultation document, page 31). Penalties would apply to providers, not parents: the proposed level is £300, rising to £600 if paid late (draft guidance, page 40), and the consultation asks whether that is right (question 27).
In selected local authorities, which are not named, parents who want to take a child out of school to home educate would have to attend a meeting first (consultation document, pages 6 and 34). The details proposed:
The draft overview guide for parents does not mention the pilot, so if you only read that document you would miss it.
Consent would be needed for a child who is the subject of a current section 47 child protection enquiry, has a child protection plan now or in the last five years, or attends a special school under arrangements made by the council (draft guidance, page 14). The council “must only refuse consent if it considers that” no suitable arrangements have been made or attending school is in the child’s best interests (page 16). The council only has to consider a further application once six months have passed since the last one, and parents could appeal to the Secretary of State (page 19). For most families, no consent would be needed. Our guide to deregistering a child with an EHCP covers the special school rule that already applies today.
The deadline is 11.59pm on 3 February 2027.
Not sure where your family would sit? Our free register readiness check walks through it question by question, and nothing you enter is sent anywhere.
No. This consultation is for England only. In Wales, the same sections of the Act are commenced separately by Welsh Ministers, and Scotland and Northern Ireland have their own systems.
No. The draft guidance says “Parents have the right to educate their children otherwise than at school” (page 3), and parents remain responsible for an efficient, full-time, suitable education. Some children, such as those on a child protection plan or at a special school under council arrangements, would need council consent first.
No. The register duties in the Act are not in force and the guidance is a draft with no start date. There is nothing to register today.
At 11.59pm on 3 February 2027. The government says it will publish its response in spring 2027.
Yes, as estimates. The Act requires councils to record an estimate of the time your child spends being educated by each parent and by other people (consultation document, page 22). The draft uses bands rather than exact hours, but the bands differ within the draft, so they could change.
Only in the pilot areas, which have not been named, and only once the pilot starts, within two years of the measures coming into force. In those areas the consultation document says the child must attend unless exceptional circumstances apply.
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