As homeschooling is increasing in popularity, the government’s natural inclination will be to get involved as much as possible and keep children in mainstream schooling as much as they can. You need to know what the law says about home education and what your rights are as a parent when it comes to your child’s education—particularly in the UK—and what you need to know if you choose to homeschool.
1. Parental Responsibility: The Legal Foundation
In the UK, the law makes it clear: education is a parental responsibility, not a state obligation. Under Section 7 of the Education Act 1996, it is the duty of the parent to ensure that their child receives:
“…efficient full-time education suitable to the child’s age, ability and aptitude, and to any special educational needs they may have, either by regular attendance at school or otherwise.“
The phrase “or otherwise” is what legally protects the right to home educate.
2. The Right to Home Educate
Parents can choose to educate their children at home from the outset or withdraw them from school at any time. You do not need to be a qualified teacher. Home education can be informal, structured, or a combination of both.
Key Points:
- You do not need permission to home educate if your child has never been to school.
- If your child is registered at a mainstream school, you must write to the headteacher requesting deregistration.
- If your child is registered at a special school, you must seek permission from the local authority (LA).
3. What You Don’t Legally Have to Do
Despite pressure or misinformation, parents do not legally have to:
- Follow the national curriculum
- Teach specific subjects
- Have a timetable
- Conduct formal lessons
- Use standardised tests
- Be monitored regularly unless the LA has reason to believe the education is not suitable
You may choose to do any of these if they suit your family’s approach.
4. Local Authority Involvement: What They Can and Can’t Do
Local authorities have a duty to identify children who are not receiving suitable education, but they do not have the right to:
- Insist on home visits
- Force you to follow the national curriculum
- Require written lesson plans
- Require specific teaching methods
However, they can request information to establish that a suitable education is taking place. You can provide this in writing, through a report, a portfolio of work, or a meeting if you choose. Keeping everything in writing is highly recommended and remember you do not have to agree to any kind of meetings nor let them in if they turn up unanounced.
If the LA believes the education is not suitable, they may issue a School Attendance Order (SAO). This is rare and usually preceded by opportunities to address concerns.
5. Parents’ Rights Within Mainstream Schooling
Even if your child attends a school, you have legal rights including:
- The right to be informed about your child’s progress
- The right to withdraw your child from RE (Religious Education) and collective worship
- The right to withdraw your child from sex and relationships education (at certain stages)
- The right to appeal exclusions or school placement decisions
- The right to be consulted on significant changes (e.g. change of school hours)
6. Special Educational Needs (SEN) and Home Education
Parents of children with special educational needs have the same right to home educate. However:
- If your child has an Education, Health and Care Plan (EHCP), and they attend a special school, the LA must approve home education.
- You are not automatically entitled to receive the same support at home as the school provided
It’s often helpful to work collaboratively with the LA while asserting your rights clearly.
7. Flexi-Schooling: A Legal Grey Area
Flexi-schooling—where a child is registered at a school but attends part-time while learning at home—is not a legal right, but rather a headteacher’s discretion. If they agree, the child remains on roll and parents take responsibility for home days.
8. What About Truancy Laws?
As a home-educating parent, truancy laws do not apply, because your child is not registered at a school. This is an important distinction. If a child is registered but does not attend, then truancy rules and fines can be enforced.
9. Record-Keeping and Inspections: What’s Recommended
There’s no legal requirement to keep formal records, but many families choose to:
- Keep portfolios of work
- Maintain journals or logs of learning activities
- Use digital tools to track progress
These can be helpful if:
- You move and the new LA requests information
- Your child wants to do formal exams and apply to college/university etc.
- You ever face inquiries about your provision
10. Getting Started: Legal Steps to Deregister
If your child is currently in school and you’ve decided to home educate:
- Write a deregistration letter to the headteacher.
- The school must remove the child from the roll immediately.
- The LA may contact you, but you’re not obligated to accept home visits.
Its recommended that you do not accept home visits.
Conclusion
Whether your child attends a school or learns from home, understanding your legal rights empowers you to make confident decisions. Home education is a legally supported option in the UK, and while there may be occasional misunderstandings from authorities or institutions, the law is clear: parents are in charge of their child’s education.
If you’re considering homeschooling, take time to research, connect with local home ed communities, and trust your instincts—you are your child’s first and most enduring teacher.