Most parents in England do not need local authority permission to withdraw their child from a mainstream school for home education. However, permission is required in certain circumstances, and the Children’s Wellbeing and Schools Act 2026 introduces additional consent rules for some children.
Importantly, these new rules have not yet fully come into force as of October 2026.
What has changed under the 2026 Act?
Section 37 of the Children’s Wellbeing and Schools Act 2026 introduces new requirements for local authority consent before certain children can be withdrawn from school to receive home education.
The Act received Royal Assent on 29 April 2026, but the new consent provisions still require commencement before they become operational.
This means it’s important to distinguish between the rules that already apply and those being introduced.
Which children will need local authority consent?
When the new provisions come into force, consent will be required for certain children of compulsory school age who are registered at school.
The categories include:
- Certain special-school pupils: Children placed by their local authority at a special school or qualifying independent school providing specialist education.
- Children subject to Section 47 enquiries: Where a local authority is investigating concerns that a child may be suffering, or be likely to suffer, significant harm.
- Children subject to specified safeguarding action: Including children on child protection plans, or who have been subject to relevant safeguarding action within the previous five years.
These are specific circumstances. The Act does not introduce a blanket requirement for every home-educating family to seek permission.
What rules apply right now?
As of October 2026, the additional consent requirements in Section 37 have not yet generally come into force.
Under the existing rules in England:
- Parents can generally withdraw a child from a mainstream school for full-time home education by notifying the school.
- If a child attends a special school under local authority arrangements, council consent may already be necessary before their name can be removed from the school register.
- Where a child is subject to a School Attendance Order, additional legal procedures apply.
Having special educational needs or an Education, Health and Care (EHC) plan does not automatically mean council permission is required to leave a mainstream school.
For a broader explanation, or more up to date rules, see our guide to home education law in the UK.
Can a local authority refuse permission?
Under the new Section 37 framework, once implemented, a local authority must consider an application without undue delay.
It must refuse permission if it considers that:
- Regular school attendance would be in the child’s best interests, or
- Suitable arrangements have not been made for the child’s education outside school.
Otherwise, the authority must grant consent.
The legislation also provides a process for parents to challenge a refusal.
Does this mean home education is being banned?
No. Home education remains legal.
The 2026 Act changes aspects of how local authorities oversee children who are not attending school, but it does not remove parents’ ability to educate their children at home.
If you’re considering home education, the most useful first step is to establish whether any special consent requirements apply to your child.
You can also read our guide to three things to know before starting home education.
For the official legal wording, see Section 37 of the Children’s Wellbeing and Schools Act 2026 and the GOV.UK home education guidance.
Using Strew
If you’re preparing to home educate, keeping simple records of activities, projects and learning can help you explain the education you’re providing. Strew lets you record these as they happen and turn them into a clear home education report when needed.
Video transcript
Are you thinking about taking your child out of school to home educate them?
There’s an important change you need to know about.
The Children’s Wellbeing and Schools Act 2026 introduces new rules about withdrawing certain children from school to be home educated.
And this is really important: it does not apply to every child.
The Act creates a requirement for local authority consent in certain circumstances.
For example, this could be when a child is of compulsory school age and is attending a special school, or certain independent schools providing special educational provision.
It can also apply when local authorities are conducting certain child protection enquiries or have taken specified safeguarding actions.
For most families, this won’t be the situation.
But if your child does fall into one of those categories, it’s important to consider these rules before making your decision.
In these circumstances, a parent may require local authority consent before withdrawing their child from school.
And remember, the wider changes under the Act do not mean that home education is being banned.
Home education remains an option.
The important thing is understanding which rules apply in your circumstances.
For more simple, easy-to-follow guides, tips and more, follow Strew.
Alternatively, if you’re already home educating and looking for a really cool tool to record your child’s learning journey and make it super simple, download the Strew app on Google Play or iOS.
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