For parents facing pressure, warnings, or legal threats from schools or local authorities
Important Disclaimer (Please Read)
This blog is for general information only and does not constitute formal legal advice.
Every child’s and parent’s circumstances are different, and the information provided here may not apply to every situation. Laws and guidance can change, and individual factors — such as special educational needs or previous school placement — may affect your legal position.
This guide is intended to answer frequently asked questions and help parents understand their rights around home education in England. If you are unsure about your specific situation, you should seek independent legal advice or specialist support.
Important: England Only
This guide applies only to England.
Home education law in Wales, Scotland, and Northern Ireland is different and operates under separate legal frameworks.
Introduction: Understanding Your Rights as a Parent
If you are considering home education — or have already withdrawn your child from school — you may be experiencing pressure, misinformation, or even legal threats from a school or local authority.
Unfortunately, many parents are intimidated by officials who misunderstand or misrepresent the law. This guide is designed to provide clear, calm, legally accurate information so you can make informed decisions with confidence.
Knowing your rights is your strongest protection.
1. Your Legal Right to Home Educate in England
Your right to home educate is set out in Section 7 of the Education Act 1996, which states that parents must ensure their child receives an efficient, full-time education suitable to their age, ability, aptitude, and any special educational needs — either by attending school or otherwise.
The word “otherwise” explicitly includes home education.
Key Legal Points for Parents
- You do not need permission to home educate
- You do not need approval from a school or local authority
- Home education is a lawful alternative to school attendance
2. Common Myths Used to Pressure Parents
Parents are often incorrectly told they must:
- Get permission to home educate
- Follow the National Curriculum
- Teach during school hours
- Accept home visits
- Provide lesson plans
- Register with the local authority
None of the above are legal requirements.
3. How to Deregister Your Child from School Correctly
When Deregistration Is Required
You only need to deregister your child if they are currently on roll at a school, including:
- Maintained schools
- Academies
- Free schools
If your child:
- Has never attended school
- Is below compulsory school age
- Is not enrolled
Deregistration does not apply.
The Only Lawful Deregistration Method
Under Regulation 8(1)(d) of the Education (Pupil Registration) Regulations 2006, a parent may remove a child from the school register by written notification only.
No meeting required No forms required No approval required No explanation required
Deregistration Letter Template
Tip: Send by email or recorded delivery and keep proof.
What the School Must Do
The school must:
- Remove your child from roll immediately
- Inform the local authority
They cannot:
- Refuse deregistration
- Delay removal
- Insist on meetings
- Threaten attendance action
4. Do You Have to Notify the Local Authority?
Short answer: No.
There is no legal duty on parents to notify the local authority that they are home educating.
The school, not the parent, must notify the LA after deregistration.
5. Local Authority Powers — and Their Legal Limits
What the Local Authority Can Do
Under Section 436A of the Education Act 1996, a local authority:
- May make enquiries if it appears a child may not be receiving suitable education
What They Cannot Do Without Evidence
Local authorities cannot lawfully:
- Demand home visits
- Interview your child
- Insist on specific curricula
- Demand lesson plans
- Treat non-statutory guidance as law
You are entitled to communicate in writing only.
6. Responding Safely to Local Authority Contact
Best Practice for Parents
- Keep communication polite and brief
- Respond in writing
- Do not overshare
- Do not agree to visits unless you choose to
Initial Response Template
7. Legal Threats and What the Law Actually Requires
Section 437 Education Act 1996
This section is frequently used to alarm parents, but home education itself is not an offence.
Before prosecution could even be considered, all of the following must occur:
- The LA has evidence education may be unsuitable
- A Section 437(1) notice is issued
- The parent fails to satisfy the notice
- A School Attendance Order (SAO) is issued
- The parent refuses to comply with the SAO
Only after this chain could prosecution be considered.
Responding to a Section 437 Notice
You are not required to:
- Allow home visits
- Provide school-style evidence
- Follow non-statutory guidance
8. Home Education and SEND or EHCPs
You can home educate a child who:
- Has Special Educational Needs (SEND)
- Has an Education, Health and Care Plan (EHCP)
Important:
If your child attends a special school, additional legal steps apply.
Seek specialist advice before deregistering in this situation.
9. Protecting Yourself as a Home Educating Parent
- Keep all communication in writing
- Keep copies of letters and emails
- Do not allow yourself to be rushed
- Decline meetings you are uncomfortable with
- Keep records of all work completed with your child
- Connect with experienced home education support groups
10. Final Reassurance for Parents
Thousands of families successfully home educate in England.
Legal threats are often caused by:
- Poor training
- Misunderstanding of the law
- Internal policies that are not legally binding
When you understand your rights, you stay in control