Many Home Educators will be asked by family, friends and complete strangers in the shops; Is Home Education Legal? Are you allowed to take your kids out of school? Who checks up on you? Are you a teacher? Will you educate them at home beyond the primary years?
In this post I will deal with the question; Is Home Education Legal in the UK? While answering that question I will also cover what the legal requirements are for Home Educating in the UK. Furthermore, whether you need to inform the local authorities if you choose to home educate your child/children in the UK.
Please check what the laws are where you live as different countries and even different states within the USA have their own policies and guidelines on Elective Home Education (EHE).
Quick Key Points:
- Yes, Home Education is legal in the UK
- Home Education is in fact the default legal requirement with school being an opt-in service
- Deregister your child if they are registered at a school before you start EHE. If you do not deregister they will be considered a truant. It is the schools responsibility to inform the local authority
- Deregistration is effective immediately upon informing the educational institution where the child is registered
- You do not need permission to Home Educate your child/children
- You do not have to follow the National Curriculum or any other Curriculum
- You do not have to be a qualified teacher to home educate your child/children
- Your child/children do not have to sit SATs or any national exams such as GCSEs, A-Levels, etc
- You will not receive any financial assistance from the government when you choose to Home Educate. Some local authorities may provide support and resources
Is Elective Home Education Legal in the UK?
Yes, Elective Home Education is legal in the UK. You do not need to seek anyone’s permission to start home educating your child/children. Parents who choose to educate their children at home are required by law to ensure that their children receive a suitable education. Parents do not have to send them to school to receive an education, and they do not need permission from the government to keep them at home. This right is enshrined in Section 7 of the Education Act 1996; which states that “the parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable (a) to his age, ability and aptitude, and (b) any special educational needs he may have, either by regular attendance at school or otherwise.”
This statement brings up the question of what constitutes a suitable education, but that is a subject of a different post.
The Legal Requirements
The legal requirements for Home Educating in the UK can vary slightly depending on the country within the UK (England, Scotland, Wales, or Northern Ireland). It’s essential for parents to be aware of and comply with the specific regulations in their area. Here’s a general overview of the legal requirements for Home Educating in the UK:
- parents are not required by law to inform the local authorities (local education authority or LEA) if they choose to Home Educate. However, it is considered good practice to do so.
- If the local authority becomes aware that a child is receiving education at home, they may request information about the educational provision.
- The local authority may provide advice or support but does not have the authority to approve or reject the decision to homeschool.
- Parents are not obligated to follow the National Curriculum.
It’s crucial for parents to research and understand the specific legal requirements in their location. Local authorities may have different approaches to Home Education, and some may provide more support and guidance than others. Some areas may have more active involvement from local authorities. while others may take a more hands-off approach, allowing parents greater autonomy in their Home Education approach.
Home Education FAQs Series
This post is part of a series of Frequently Asked Questions concerning Home Education in the UK. If you are new to Home Education, are considering it in the future or you know people who Home Educate then reviewing the list of FAQs can be a good place to start. You may also be interested in being notified when my Home Education FAQs Ebook is published and if so please sign up below to be added to the list.
Further Reading on Home Education
I have read a lot of excellent books on the topic of Home Education so this is not by any means an exhaustive list. One of my absolute favourites is Home Grown by Ben Hewitt which was also one of the first books I read before we started Home Educating our own kids. I have written a book review on Home Grown and plan to write one on each of the other books listed below.
My Other Favourite Home Education Books include Call of the Wild and Free by Ainsley Arment, Free to Learn by Peter Gray and Brave Learner by Julie Bogart.
[…] home educating check the laws for your own country or state in the USA. I am writing about Home Education in the UK. At the time of writing Home Education is legal in the […]