Legality of EHE
Is it legal to home educate?
Yes – it absolutely is legal to home educate your child and if your child has never been at school, under current law, you are not obliged to inform the Local Authority (LA) but can do so voluntarily. If you are thinking of taking your child out of school, you need to write to the school to de-register your child. You need only inform the school; it is the school’s responsibility to inform the LA. However, if your child has an EHCP and is at a special school, you will need to request the LA’s permission to de-register your child.
Will I be asked to report on EHE?
Once known to the LA you will be asked to complete an annual EHE review form. During mid-2025, local home educators noticed a significant increase in informal enquiries from the LA requesting additional details on forms/reports. In light of this, what follows is a quick overview of what’s useful to know.
This isn’t legal advice, just a summary to support informed decisions.
Your legal duty (Education Act 1996, section 7)
“The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable –
(a) to his age, ability and aptitude, and
(b) to any special educational needs he may have,
either by regular attendance at school or otherwise.”
Home-educating parents must provide a full-time, efficient education suitable to their child’s age, ability, aptitude, and any special needs. There is no requirement to follow the National Curriculum or to replicate school, as outlined in the DfE guidance.
The LA’s role (Education Act 1996, sections 436A to 447)
LAs have a duty to identify children who may not be receiving a suitable education. As part of this, they may make ‘informal enquiries’.
It is worth knowing: choosing not to respond to the LA’s request for information about your provision may lead to a formal notice under section 437 being issued, especially if the LA isn’t already familiar with your provision through previous contact. This is a formal notice requiring the parent to satisfy the LA within the period specified in the notice that the child is receiving a suitable education. Choosing not to respond to this formal notice may in turn lead to the issuing of a School Attendance Order (SAO).
Your options
Cambridge EHE families have generally had a constructive relationship with the LA and, with changes to the law looking likely (the Children’s Wellbeing and Schools Bill), we want to maintain that positive relationship.
You can:
- Keep responses simple but thorough – a full response doesn’t mean including timetables, samples of work or detailed plans (which are not required).
- The LA are happy for us not to use their form so long as a response is offered that confirms you are meeting your Section 7 duty.
A team of local parent volunteers is keeping an eye on developments and sharing updates – but it’s always a good idea to stay informed about your rights and responsibilities.