The Home Ed Starter Checklist
Home Ed
The Home Ed Starter Checklist
Everything you need to know before you begin home educating in the UK. Legal rights, deregistration letter template, first week plan, and essential resources.
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⚠️ LAW CHANGE IN PROGRESS (April 2026): The Children's Wellbeing and Schools Bill has passed both Houses and is in its final "ping pong" stage. Next event: 15 April 2026. Expected Royal Assent by Easter 2026. It introduces mandatory registration for all home-educated children in England. The right to home educate is NOT being removed. Actual requirements won't take effect until late 2026 at earliest (secondary legislation needed). See our Home Ed Hub for live updates.
Your Legal Rights — Current Law (April 2026)
Home education is a legal right in England and Wales under Section 7 of the Education Act 1996:
"The parent of every child of compulsory school age shall cause him to receive 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 foundation. Education is compulsory. School attendance is not.
Under current law, you do NOT need:
- Permission from the school to withdraw your child
- Permission or approval from the local authority
- A teaching qualification of any kind
- To follow the National Curriculum
- To follow school hours, school terms, or any set timetable
- To allow the local authority into your home
- To allow the LA to see or interview your child
Case law has confirmed that local authorities cannot insist on inspecting parents or children in their home or elsewhere (source: Departmental Guidance for Local Authorities on Elective Home Education, DfE).
What you DO need:
- Efficient education — meaning it achieves what it sets out to achieve. This was defined in the case of Harrison & Harrison v Stephenson (Worcester Crown Court, 1981).
- Suitable education — suitable for YOUR child's age, ability, aptitude, and any SEN. Not compared to school. Not judged against the National Curriculum. Suitable for your child.
- Full-time education — but there is NO legal definition of full-time for home education. The DfE guidance states: "There is no legal definition of 'full-time'. Home education does not have to mirror school hours." In practice, 2-3 focused hours per day for primary-age children is widely accepted because one-to-one teaching is vastly more efficient than classroom instruction.
What the Children's Wellbeing Bill will change:
- Mandatory register: All home-educated children must be registered with their local authority, including those already home educating
- Information duty: Parents must provide basic details and keep them updated
- Home visit powers: LAs can request a visit within 15 days of registration. Refusal can be factored into School Attendance Order decisions
- Consent for some families: If your child is/was recently on a child protection plan (Section 47/31 Children Act 1989) or classified as a child in need (Section 17), the LA must consent to deregistration
What is NOT changing:
- Your fundamental right to home educate
- Freedom from the National Curriculum
- No teaching qualifications required
- No LA power over your educational approach or content
- The legal definitions of "suitable" and "efficient"
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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.
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Copyright © 2026 Darling Mellow Ltd. All rights reserved. Content may not be reproduced, distributed, or transmitted in any form without prior written permission.
Privacy Policy · Terms & Conditions · Contact: mellow@darlingmellow.co.uk