Legal Compass Wales · Home Education Law in Wales | LifeLearn
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Wales · updated March 2026

Legal Compass

Wales has its own legal framework for home education — distinct terminology, the ALN Act 2018, Estyn not Ofsted, and the Curriculum for Wales that you are not required to follow. What the law actually says for Welsh families.

⏱️ 12 min read F-03c · Foundations Wales only Updated March 2026
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This guide covers Wales only. England, Scotland, and Northern Ireland have different frameworks. Key Wales differences: ALN not SEN, IDP not EHCP, Estyn not Ofsted, Curriculum for Wales (which you need not follow). This is general guidance, not legal advice.

🏴 Five key differences

Wales is meaningfully different from England

If you have read guidance written for English home-educating families, step back. Wales uses different law, different terminology, and a different inspectorate. The fundamentals are shared — the detail is not.

Wales
  • ALN frameworkALN Act 2018 — IDP (Individual Development Plan) replaces EHCP; ALP replaces SEP. ALNCО coordinates support.
  • CurriculumCurriculum for Wales exists — home educators are not required to follow it.
  • InspectorateEstyn (not Ofsted) evaluates LA home education oversight in Wales.
  • UNCRC dutyRights of Children and Young Persons (Wales) Measure 2011 — Welsh Ministers must have due regard to children’s rights.
  • BilingualWelsh Government publishes guidance in Cymraeg and English. Language choice is a valid reason to home educate.
England (for comparison)
  • SEND frameworkChildren & Families Act 2014 — EHCP (Education, Health and Care Plan); SEP (Special Educational Provision). SENCO coordinates.
  • CurriculumNational Curriculum exists — home educators not required to follow it.
  • InspectorateOfsted. LA home education oversight may be evaluated.
  • No UNCRC dutyEngland has not incorporated the UNCRC. Children’s rights are a consideration but not a legal duty on Ministers.
  • English onlyEnglish-language guidance only from DfE.
Key statistic

In 2018–19 there were 2,517 known home-educated children in Wales. By 2024–25 this had risen to 7,176 — a nearly three-fold increase. The Welsh Government acknowledges the real number is higher still, as many families are not known to their local authority.

⚖️ The legal framework

Section 7.
Same Act, Welsh wording.

The parent’s duty is in s.7 of the Education Act 1996 — the same Act as England. But the Welsh version explicitly names Additional Learning Needs, not Special Educational Needs. Everything else flows from there.

Section 7 · Education Act 1996 · Wales version
“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 additional learning needs (in the case of a child who is in the area of a local authority in Wales) he may have, either by regular attendance at school or otherwise.”

Education is compulsory. School attendance is not. Parents who choose to home educate assume full responsibility — including the cost of public examinations.

📄 Education Act 1996 · s.7
  • Rights of Children and Young Persons (Wales) Measure 2011 — Welsh Ministers must have due regard to the UNCRC in all their functions.
  • Well-being of Future Generations (Wales) Act 2015 — promotes an inclusive, equitable education system where all children can overcome barriers to learning.
  • ALN and Education Tribunal (Wales) Act 2018 — the statutory framework for Additional Learning Needs. Replaces the SEN system with IDPs and ALPs.
  • Article 2, Protocol 1, ECHR — right to education; State must respect parental religious and philosophical convictions. Parents are not the sole arbiters of what constitutes suitable education.
  • Section 436A, Education Act 1996 — LAs must make arrangements to identify children of compulsory school age not in school and not receiving suitable education.
What “suitable” means in Wales

LAs must base suitability decisions on the parents’ approach and the education being delivered. They must not base their decision on the requirements of the Curriculum for Wales. The Harrison v Stevenson and Goodred case law applies in Wales as in England.

🚪 Deregistering in Wales

Leaving school —
10 days, then it’s done.

The process in Wales is governed by the Education (Pupil Registration) (Wales) Regulations 2010 — slightly different from England in timing and the special school exception.

1

Write to the school

Notify the school in writing that you intend to home educate. No set form, no notice period, no requirement to give reasons.

Required — in writing
2

School removes child from register

Within 10 school days of your notification, the school must remove your child from the admissions register (Regulation 8(1)(d), Education (Pupil Registration) (Wales) Regulations 2010).

10-day statutory deadline
3

School notifies the LA

Within 10 school days of removal, the school must return your child’s name and address to the local authority (Regulation 12(3)). You do not need to notify the LA yourself — the school does it automatically.

4

LA makes contact

Expect introductory contact from your LA. Annual visits to assess suitability are expected under Welsh guidance — see the Your LA section.

Routine — not urgent
⚠️ Special school — you need LA consent

If your child is registered at a special school under LA arrangements, the school cannot remove your child without LA consent (Regulation 8(2)). If the LA refuses consent, you need a direction from Welsh Ministers. This is stricter than England.

Never been on a school roll

If your child has never attended school, there is no deregistration process. You are not legally required to notify the LA — though the Welsh guidance strongly encourages engagement. Under the Children’s Wellbeing and Schools Act 2026, this will change — notification will become compulsory.

✓ Your freedoms in Wales

What you are not required to do

The Welsh guidance is explicit: home education reflects a diversity of approaches. One method is not more valid than another. These are legal facts, not opinions.

Follow the Curriculum for Wales

Not required — explicitly stated in Welsh guidance

Meet a minimum number of learning hours

No statutory minimum in Wales

Hold any teaching qualifications

Parents need no qualifications to home educate

Educate only at home

Learning can happen anywhere — it is a continuous experience

Follow school hours or term times

Contact time is almost continuous; timing is flexible

Pursue qualifications

No requirement to sit GCSEs or any other examination

Teach only in English

Welsh-medium home education is entirely valid

Follow a formal curriculum structure

Autonomous, child-led education is equally valid

Educate your child alone

You can employ a tutor, use group sessions, or form co-ops
Directly from the Welsh Government guidance

Home education “can be anywhere on a continuum from a formal, structured, schedule-based approach… through to autonomous or child-led education. One method is not necessarily more valid than another and there is no one-size-fits-all approach.”

🤝 Your local authority

What your council can — and cannot — do

Welsh LAs are expected to take a collaborative approach. Annual visits are expected — not just written contact. But there are clear limits on what they can demand.

✓ Your council can:
  • Make informal enquiries about your educational approach
  • Visit annually to assess suitability — expected as good practice
  • Include your child in the annual visit if the child wishes
  • Serve a s.437 notice (15 days) if not satisfied
  • Issue a School Attendance Order if the notice is not met
  • Apply for an Education Supervision Order before prosecution
  • Report to elected members and scrutiny committees annually
✗ Your council cannot:
  • Base suitability assessment on Curriculum for Wales requirements
  • Insist on entering your home — no right of access
  • Force your child to participate if they do not wish to
  • Require qualifications, testing, or formal assessment
  • Require you to follow school hours or term times
  • Pressure you to home educate to avoid exclusion (off-rolling)
“Local authorities should base any decision about the suitability of the education provided on the parents’ approach and the education being delivered. They should not base their decision on the requirements of the Curriculum for Wales.”

Unlike England, Welsh guidance explicitly states that LAs should meet with home-educating families at least once a year to ensure suitability is maintained and the child is making suitable progress. This is stronger than the English position of written contact being sufficient.

The child should be included if the child wishes. The child’s views must be given due weight under the UNCRC Measure. If your child does not wish to participate, that should be respected.

If you decline a visit, the LA cannot automatically treat this as evidence of concern — but they may have difficulty satisfying themselves about provision. Collaborative engagement is both expected and in your interest.

Named officer

Welsh Government expects every LA to have a named senior officer with responsibility for home education. Contact your LA to find out who this is — this is your first port of call for any questions.

Welsh guidance is explicit: on no account should parents be encouraged to remove a child from school to avoid exclusion, avoid prosecution for non-attendance, or improve school performance results. Home education must always be a positive, fully-informed, voluntary choice.

If you feel pressured to home educate by a school, contact your LA’s named home education officer. LAs are expected to challenge schools where off-rolling is identified.

ESOs in Wales

Wales explicitly uses Education Supervision Orders (ESOs) under s.447 Education Act 1996 / s.36 Children Act 1989. LAs must consider an ESO before prosecuting parents for SAO non-compliance. This gives families an additional layer of oversight before criminal proceedings.

💛 ALN & IDPs in Wales

Wales uses different language —
same rights, new framework.

England uses SEN and EHCPs. Wales uses Additional Learning Needs (ALN) and Individual Development Plans (IDPs). The governing law is the ALN Act 2018, supported by the ALN Code 2021 and new guidance published March 2026.

ALN and Education Tribunal (Wales) Act 2018 · Sections 13 & 14
Where it appears to a local authority that a home-educated child for whom it is responsible may have ALN, the local authority must decide whether the child has ALN. If so, it must prepare and maintain an IDP and secure the additional learning provision (ALP) described in that plan.

This duty applies to home-educated children in the same way as school-educated children. If your child has ALN, legal protection does not disappear when you leave school. The IDP can only be ceased through a proper process.

📝

IDP — Individual Development Plan

The Welsh equivalent of an EHCP. A statutory plan setting out your child’s ALN and the ALP required. Must be prepared within 12 weeks of deciding the child has ALN, reviewed annually.

🎯

ALP — Additional Learning Provision

The provision required to meet your child’s ALN. Can be delivered by you as the parent, by a tutor, or arranged by the LA. The LA must satisfy itself the ALP is being delivered.

🏠

Home-delivered ALP

ALP can often be delivered by the parent at home — but if the LA cannot verify delivery (e.g. you decline visits), they may struggle to discharge their duty. Collaborative engagement matters here especially.

⚖️

ETW — Education Tribunal for Wales

Home-educated children have full appeal rights to the ETW — the same rights as school-educated children. You can appeal LA decisions on whether your child has ALN, the IDP content, ALP, and decisions to cease the IDP.

  • Terminology: ALN (not SEN), IDP (not EHCP), ALP (not SEP/provision), ALNCO (not SENCO)
  • Scope: ALN can be for any reason — it is broader than SEN
  • Timeline: LA must prepare IDP within 12 weeks of deciding ALN exists
  • Annual review: IDP must be reviewed at least every 12 months
  • Special school: You need LA consent AND potentially Welsh Ministers’ direction to deregister from a special school
  • IDP in mainstream: Consent is NOT required to deregister from a mainstream school even if your child has an IDP
Specialist advice

For ALN-specific home education questions, the March 2026 non-statutory guidance (gov.wales ALN & EHE) is the authoritative source. SNAP Cymru provides independent advice for Welsh families.

📋 Children’s Wellbeing and Schools Act 2026

Wales is included —
a register is coming.

The Children’s Wellbeing and Schools Act 2026 received Royal Assent on 29 April 2026. It applies to Wales for the “children not in school” provisions — including a compulsory register. The detail will be set out in secondary legislation still to come.

📋 What is changing in Wales

Compulsory register — parents must notify their LA

Currently parents are not legally required to tell their LA they are home educating. Under the new Act, parents must provide information for a “children not in school” register. This does not change your right to home educate.

The Act also means children subject to child protection enquiries (s.47) or child protection plans cannot be deregistered from school without LA consent. Consent for special school deregistration was already required in Wales.

Read the Welsh Government’s guidance on the Act →

Does NOT change

Your right to home educate. Curriculum flexibility. No minimum hours. Your educational philosophy. IDP children in mainstream schools are exempt from the new consent requirement.

⚠️

DOES change

Notification is becoming compulsory. LA can request to see the child in their learning environment. Children on child protection plans cannot deregister without LA consent.

Timing

Secondary legislation and full guidance are still to be consulted on and published. Until those regulations come into force, the current framework applies. Watch the Welsh Government’s elective home education pages for updates.

🏫 Qualifications in Wales

Wales has its own exam board —
WJEC, not AQA.

No requirement to pursue any qualification. But if your child wants GCSEs or equivalent, Wales has its own primary exam board and its own qualifications — including the Welsh Baccalaureate.

WJEC (Qualifications Wales) is the primary exam board for Welsh schools — most schools use WJEC qualifications, not AQA, Edexcel, or OCR. Home-educated students accessing GCSEs through Welsh schools or exam centres will usually sit WJEC papers.

As a private candidate, you must find an approved exam centre willing to accept you. Contact secondary schools, sixth forms, and FE colleges in your area — well in advance (September for June exams at the latest).

Practical note

Parents bear the cost of public examinations — this is explicitly stated in Welsh guidance. Typical centre fees are £150–£300 per subject. Contact your LA to ask whether any discretionary financial support exists in your area.

The Welsh Baccalaureate is a qualification offered by Welsh schools that combines skills challenge and individual project work with other qualifications. It is widely accepted by Welsh universities and employers as evidence of broad skills development.

Home-educated students can potentially access it through a registered centre, but in practice this is rare and depends on individual centre arrangements. Most home educators in Wales pursuing qualifications focus on GCSEs and A-Levels through WJEC.

Home-educated young people in Wales may enrol part-time at FE colleges. This is especially useful for accessing qualifications with practical assessment components — where self-study alone is insufficient. Colleges handle all assessment arrangements, removing the private-candidate challenge.

Under-16s require parental consent. Check with your local college about age, enrolment, and any associated costs.

🏴

Wales has its own rules.
We’ve read them so you don’t have to.

LifeLearn connects UK home-educating families — including Welsh families navigating ALN, IDPs, Estyn, and the Curriculum for Wales question. Free to join.