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⚖️Section 7 🚪Deregistration 💌LA enquiries 📋Attendance orders 💛SEN & EHCPs 📖Related guidesLegal Compass
The UK home-education legal framework without the jargon — Section 7, deregistration, local authority enquiries, School Attendance Orders, and SEN and EHCP considerations. What the law actually says.
Section 7.
That’s it.
UK home-education law is simpler than most parents expect. No sprawling regulation, no licensing scheme, no inspection regime. One section of one Act — and most of the anxiety about compliance comes from misunderstanding it.
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable to his age, ability, aptitude, and any special educational needs he may have, either by regular attendance at school or otherwise.
That word “otherwise” is the entire legal basis for home education in England. It has been there since 1944. Compulsory school age runs from the term after a child’s fifth birthday to the last Friday in June of the year they turn 16.
📄 Education Act 1996 · s.7What “suitable” actually means
Age, ability and aptitude
Not a standard curriculum — a standard appropriate to this child. There is no single definition of “suitable” that applies uniformly to all children.
Full-time in scope
“Full-time” is not a number of hours — it means education is the primary activity of the child’s day. Two to four focused hours plus real-world learning counts.
Covers key areas
No requirement to follow the National Curriculum. But education ignoring literacy, numeracy, and the wider world would be difficult to describe as suitable.
The Children’s Wellbeing and Schools Act 2026 introduces a compulsory registration scheme for home-educated children in England. This does not change the Section 7 standard — suitable education is still the test.
Registration means LAs will know who is home educating. It does not give them new powers to inspect or approve your educational approach. The register is a notification system, not a licensing scheme.
The Wellbeing Act guide (F-04) covers exactly what registration will involve in practice — timeline, what information is required, and what happens if you do not register.
How to legally
leave school.
Deregistration is a legal right. No school, local authority, or government body can prevent you from exercising it — with one significant exception for children with EHCPs, covered in the SEN section.
Write to the headteacher
A letter stating you are withdrawing your child under Section 7 of the Education Act 1996. No required form, no notice period, no requirement to give reasons. Takes effect immediately or from a date you specify.
Required — in writingKeep a copy
Keep your letter and any acknowledgement. If there is any later dispute about when deregistration took effect, you need documentary evidence.
School notifies the LA
Once deregistered, the school is legally required to notify the local authority. Automatic — you do not need to notify the LA yourself.
Expect initial LA contact
Most families receive an introductory letter within weeks. Routine — not a cause for alarm. See the LA enquiries section for how to respond.
Routine — not urgentIf your child has never attended school, there is no deregistration process. You do not need to notify anyone. You simply educate your child at home.
The deregistration letter
Dear [Headteacher’s name],
I am writing to inform you that I am withdrawing [child’s full name], date of birth [DOB], from [School name] with immediate effect, in order to educate them at home in accordance with Section 7 of the Education Act 1996.
Please remove [child’s name] from the school roll and inform the local authority as required.
Yours sincerely,
[Your name]
[Date]
Keep it short, factual, and keep a copy. That is all you need.
What local authorities
can and cannot do.
The LA’s role is widely misunderstood — parents either think LAs have no power at all, or that LAs can inspect and approve their education. Neither is right.
- Write to ask how you are providing education
- Request information and samples of work
- Ask to meet — you may agree or decline
- Ask to see your child — you may agree or decline
- Take formal action (SAO) if genuinely concerned
- Offer support, advice, and resources
- Enter your home without invitation
- Insist on a home visit as a condition of satisfaction
- Require your child to be assessed or tested
- Require you to follow the National Curriculum
- Demand evidence in any specific format
- Presume education is unsuitable without evidence
How to respond
A written response — clear, specific, and sent promptly — is almost always sufficient. Many families never allow home visits and are never troubled by their LA.
Write, don’t call
A written response creates a record. A phone call does not. Writing means you have evidence of what you said and when — which protects you if there is ever a dispute.
Be specific, not comprehensive
Two or three concrete examples — a project, a book, a skill — are more persuasive than a vague philosophy statement.
Attach evidence
A photo of real-world learning, a sample of written work, a project writeup transforms a response from an assertion into a demonstration. See the Compliance Portfolio guide.
Cooperative but clear
Most LAs are reasonable. You can politely decline home visits without this being taken as evidence of non-compliance.
Written Response guide (R-02)
A full template for responding to your LA’s annual enquiry — including sample phrasing for literacy, numeracy, social opportunities, and all other permitted areas.
Read the Written Response guide →What an SAO is
and when it happens.
A School Attendance Order is the LA’s primary enforcement mechanism — and far less common than parents fear. Most home-educating families never encounter one. The process gives parents multiple opportunities to demonstrate provision before an SAO is finalised.
LA becomes concerned
The LA must have reasonable grounds to believe suitable education is not being provided. Typically triggered by non-response to enquiries, or responses that raise concerns. Concern alone is not sufficient.
Section 437 notice to parent
Before issuing an SAO, the LA must serve a notice requiring parents to satisfy them within 15 days that the child is receiving suitable education. Most SAOs are avoided by responding clearly here.
SAO served
If not satisfied, the LA may issue an SAO naming a specific school. The parent has the right to request a different school and to appeal to the Secretary of State.
Prosecution
Failure to comply with an SAO is a criminal offence under s.443. Prosecution is rare and a last resort. If you reach this point, specialist legal advice is essential.
The vast majority of home-educating families in England are never issued with an SAO. Responding promptly and specifically to LA enquiries is the most effective way to ensure the process never reaches Stage 2.
The specific picture
for SEN families.
Home education with a child who has an Education, Health and Care Plan involves additional legal considerations. The rights are the same in principle — suitable education is still the test — but the interaction with the LA is more complex.
If a child has an EHCP, the local authority has a duty to maintain it regardless of whether the child attends school. However, if parents are able and willing to make suitable provision themselves, the LA may cease to maintain the EHCP.
If parents cannot make suitable provision — because the child’s needs are too complex or specialist — the LA must arrange suitable provision, even if the child is being home educated.
Deregistering with an EHCP is different
If your child’s EHCP names a school, you cannot deregister without the LA’s consent. The LA can refuse if it believes the child’s needs cannot be met at home — though this can be challenged.
The EHCP may remain in force
You may ask the LA to cease the plan — but only if you can demonstrate your provision is suitable and the child’s needs are met. If not, the EHCP remains and the LA retains its responsibilities under it.
Personal budgets may be available
If the EHCP is maintained, the LA may be required to fund provision including specialist support. Some families use personal budgets to fund tutors, therapists, or specialist provision. Requires negotiation — not automatic.
Get specialist advice
The EHCP legal landscape is significantly more complex than the general home-education framework. IPSEA and SENDIASS in your area are the right starting points — not a general home-education group.
The SEN & Home Education guide (S-01) covers the complete picture — the legal position, what actually changes, and how to build the right support team.
Find families who
understand.
LifeLearn connects UK home-educating families with community, guidance, and parents who’ve navigated the legal landscape before you. Free to join.