Home Schooling Legal Advice in the UK

Over recent years, the number of children being home schooled has risen substantially. There are many reasons for this, including mental health issues, the conviction that an equal or better education can be provided at home, particularly in respect of special educational needs, and difficulties experienced at school.

If you decide to home school your child, you will need to comply with UK home education rules. At IBB Law, our specialist education law solicitors can provide you with the advice and guidance you need to navigate this complex area of law. This may become more complex in 2025 as new laws are likely to be enacted this year, increasing the oversight by local authorities on children who are home educated.

We also provide legal representation if you are facing intervention from the local authority, such as a written notice of enquiry about the education you are providing or if you have received a school attendance order.

To learn about our other experience, supporting clients with issues beyond UK home education laws, please read our Case Summaries and our more detailed Case Studies for the full range of work we do.

How can IBB Law’s education law solicitors help you with advice on UK home education laws?

Advice on meeting local authority requirements for home education

If you choose to home school your child, you are required to provide them with a suitable full-time education. The local authority will generally meet with you to assess whether home education is appropriate for your child and your family.

The local authority will also make enquiries during your child’s education to ensure that the provision is suitable.

We can advise you on how to meet local authority home education regulations and provide guidance on compliance. The scrutiny by local authorities may increase when new laws are introduced in 2025.

Assistance with addressing disputes or concerns raised by local authorities

If the local authority has concerns over the standard of education you are providing or you are in a dispute with them regarding your child, we can provide advice and representation.

We will work to resolve matters so that you can continue with home education wherever possible.

Support for parents facing legal action regarding a child’s education

If you have been notified that the local authority is considering legal action, it is recommended that you speak to an expert home education solicitor as soon as possible.

If you ask us to assist you, we will work to avoid a school attendance order or education supervision order being made wherever possible.

We can liaise with the local authority on your behalf and negotiate a way forward that will allow you to continue teaching your child at home.

Advice on transitioning back to formal schooling

If you have decided to move your child back to formal schooling or you have received a school attendance order, we can advise you on the process of returning to a formal education setting. This includes advice if your chosen school has declined to take your child, information on how to apply for a school and who to notify of your decision.

For expert assistance in dealing with home education laws in the UK, please get in touch.

Common questions about UK home education laws

What is home schooling?

Home schooling, or elective home education, is a term used to describe the decision made by parents to provide education for their child at home or in some other way rather than sending their child to school.

This is not to be confused with education provided by a local authority other than at home, where, by way of example, a child is too ill to attend school.

How many children are home schooled?

Data released in December 2024 revealed that, based on a census date in autumn 2024,  local authorities reported 111,700 children were home schooled (elective home education). This compares to autumn 2023, when the figure was estimated at 92,000. In autumn 2022, the figure was estimated to be 80,900.

Part of the increase is believed to be due to the fact that 100% of local authorities provided data in 2024, compared with incomplete data in the two previous years.

Is home schooling legal in the UK?

There is no general restriction on home schooling in the UK, but parents of a school age child must ensure that they are properly educated on a full-time basis.

This can be by a parent providing the education or by using tutors or other facilities. The education can take place at home or elsewhere.

Restrictions on home schooling are likely to come into force in 2025.

What is the Government doing about home schooling?

At the end of 2024 the Government introduced proposed legislation into Parliament to make provision for the safeguarding and welfare of children, as well as their attendance in school. This includes a significant change in the law, whereby parents will no longer have an automatic right to educate their children at home if the child is under a child protection plan. Furthermore, it is proposed that there will be a register of children not educated at school.

This Bill coincides with the sentencing of Urfan Sharif and Beinash Batool, following the murder of Sara Sharif. The trial judge said Sarah’s death raised questions about unsupervised home schooling.

The legislation introduced into Parliament in December 2024 is likely to be passed into law during 2025.

What are the rules on homeschooling in the UK?

The main rule on UK home schooling is contained 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 –

• to his age, ability and aptitude, and
• to any special educational needs … or additional learning needs …he may have,

either by regular attendance at school or otherwise.

Although the local authority does not have a legal right to examine the education provided, it has a duty to identify children in its area who are not receiving a suitable education.

Local authorities are therefore entitled to make informal enquiries to find out what level of education is being provided and to try and establish whether it is sufficient. This can include meeting your child and seeing some of the work that they have done.

Parents are not legally obliged to reply to local authority enquiries, but if they do not, the local authority can conclude that your child is not receiving a suitable education, and they are likely to take legal action.

These rules are likely to change in 2025, when the Government passes a new law relating to the safeguarding, welfare and attendance of children at school.

How do I deregister my child from school?

If you want to withdraw your child from school to home educate them, you should write to the head teacher informing them of this and requesting that they deregister the child. The head teacher should notify the local authority and your child will be removed from the roll.

Circumstances in which a child cannot be deregistered are:

• If they are the subject of a school attendance order
• If they are the subject of an educational supervision order

You can also advise the local authority that you intend to home educate. While you do not have to do this, the authority may be able to help by providing advice and guidance.

These rules are likely to change in 2025, when the Government passes a new law relating to the safeguarding, welfare and attendance of children at school.

What are my legal responsibilities as a home educator?

When you home school your child, you must ensure that they have a suitable education. It should:

• Be provided on a full-time basis, although you do not have to follow school term times or school hours
• Be efficient, providing a proper education and necessary resources
• Be suitable and tailored to the child’s needs, age, ability and aptitude. It should also prepare the child for later life and not limit their options

These rules are likely to change in 2025, when the Government passes a new law relating to the safeguarding, welfare and attendance of children at school.

What does the Education Act 1996 say about home schooling?

The Education Act 1996 requires parents to ensure that once their child reaches compulsory school age, they must receive a suitable full-time education. This can be by ensuring they attend school or by providing education elsewhere.

What happens if the local authority disputes my home education plan?

If the local authority is not satisfied with the schooling that is being provided, they can serve a notice on the parents requiring them to show that the child is receiving a suitable education. The parents will be given a minimum of 15 days to provide evidence of this.

Where necessary, we can assist you in dealing with the local authority and compiling proof of the education that is being provided.

These rules are likely to change in 2025, when the Government passes a new law relating to the safeguarding, welfare and attendance of children at school.

Can I face legal action for home schooling my child?

If the local authority is not satisfied with the education that is being provided, they can serve a school attendance order on you. They will specify a school that the child must start to attend.

If your child is the subject of a school attendance order, we can work with you to put together proof that you have a plan in place to provide a suitable education. The local authority can then revoke the order once it is satisfied that home schooling will adequately meet your child’s needs.

These rules are likely to change in 2025, when the Government passes a new law relating to the safeguarding, welfare and attendance of children at school.

What is flexi schooling?

The December 2024 annual report of His Majesty’s Chief Inspector of Education, Children’s Services and Skills, reported that a small number of schools allowed children to be flexi schooled. This is where parents choose to home educate their children for part of the week. The Ofsted report states that schools record flexi schooling as an authorised absence.  Therefore, Ofsted are unsure how many children are flexi schooled.

How can IBB Law help me with home schooling legal advice?

Education law is a niche area and if you are dealing with the local authority’s education experts, you need an experienced education solicitor by your side, who is familiar with the law and any new rules of 2025.

We can provide you with comprehensive home schooling legal advice and work with you to resolve any disputes or disagreements over the local authority home schooling advice you have received.

Our team will give advice to you, which will be tailored to your circumstances and that of your child.

What others say about IBB’s specialist education solicitors

“We needed an urgent consultation about an educational issue we had with the school. We were very impressed by Celia Whittuck with whom we had the consultation; we were able to ask questions and discuss our situation and we were very happy with the way Celia Whittuck handled our conversation – we felt listened to and that she provided the help we required, thank you.”

“The experience was excellent. I was able to sort out my issue in less than a month with the help of the team at IBB Law. Right from the beginning of contacting the firm, I was provided with all the support and communication with the team was also very smooth. I am more than happy to have contacted the firm. I would definitely recommend IBB Law to anyone that is going through a similar situation as mine.”

“My matter was dealt and over with quite quickly with a happy outcome.”

“We can’t thank you enough for your expert assistance throughout this case and we particularly appreciated the clarity and kindness you showed in every communication. The matter could have escalated very unpleasantly except for your intervention, for which we are extremely grateful.”

“From the outset, they listened and guided me through my options. I have been struck by the consistency in their process, their professionalism and empathy. Their strengths have definitely been in their willingness to collaborate with other legal professionals in order to give you the best possible chance of success. They don’t shy away from meeting online, so I really feel understood and cared for.”

“Very personal service where nothing is too much trouble. Prompt in all responses and no stone left unturned to advise thoroughly, ensuring the best decision is made. Impressive high standards in all aspects of service. I can’t rate them highly enough.”

“I believe IBB Law Education Team have shown themselves to be true to their word. They have collaborated with me in terms of what to expect at each stage of my case. Their practice is transparent and open, and they are clear and concise regarding the fees.”

“IBB offer unrivalled skill and expertise when it comes to education law matters. They are very well-placed to represent students in all types of public and private law claims against universities. They also do a lot of work in the school sector, in particular when representing parents in claims against independent schools. They are knowledgeable in the main areas of law that cut across these and associated areas of the education sector. Given their level of experience in these areas, they also have a very good practical understanding of the education sector and are geared towards achieving good practical outcomes for their clients.”

“Very empathetic and attentive to each individual client’s needs. I felt heard and understood for the first time by professionals. The team was easy and quick to communicate with and the whole process made me feel at ease.”

“Celia Whittuck is a star individual. She has gained considerable experience in education law and has excellent strategic litigation strategy, particularly for civil claims against independent schools and universities, and internal complaints and appeal processes in relation to these institutions. She puts the client’s outcome at the heart of what she does and has a track record for achieving good results.”

“Growing education law team focusing on higher education law matters.”

“Celia Whittuck is a phenomenally dedicated solicitor and a real delight to work with.”

“Focused and determined education team.”

“Celia Whittuck has a growing reputation in the area.”

“Celia Whittuck has an excellent breadth of knowledge and is very responsive.”

“Celia has taken a particular interest in ensuring that the appropriate educational outcomes are achieved. Her commitment has been unwavering.”

“Celia Whittuck has been helpful, understanding, respectful and responsive.”

“Hi Celia. To say I am so thankful and happy with this outcome is an understatement.  The best best news. Thank you again.”

The Education Law Team at IBB is ranked by Legal 500. Legal 500 describe themselves as the leading guide to law firms and solicitors across the UK.

Celia Whittuck at IBB is ranked by Chambers and Partners. Chambers and Partners say of themselves: “Our rankings are the most thoroughly researched and independent on the market. Each one is assessed by our dedicated team of experienced researchers using our unrivalled research methodology, which includes tens of thousands of one-to-one interviews every year.

“If you are buying legal services in the UK and need reliable recommendations on the best law firms and solicitors, our rankings, editorial and analysis will provide you with the information you need to make the most well-informed decision when it matters.”

Call today to discuss how we can help you comply with home education laws in the UK

To find out more about how we can help with home education laws in the UK, please contact Kinjal or Rachael, our education law legal administrators, on 01895 207 961 or by email at educationteam@ibblaw.co.uk.

Kinjal and Rachael can explain how we can help you and also direct you to our online booking suite so you can book a consultation meeting with one of our specialist education lawyers at a day and time convenient to you.