Home education has grown significantly across the world over the past decade. For some families, it offers greater flexibility. For others, it provides an alternative to educational environments that were not meeting a child’s needs. Many families choose home education because it allows learning to be tailored more closely to the individual child. However, as home education continues to grow internationally, governments are increasingly reviewing how home-educated children are monitored, supported, and recorded. Across multiple countries, a common theme is beginning to emerge: Greater oversight.
While approaches vary significantly from country to country, many governments are introducing new registration systems, reporting requirements, safeguarding measures, and assessment processes. For families currently home educating — or considering home education in the future — understanding these developments is becoming increasingly important. This article provides an overview of some of the most significant home-education legislative developments currently affecting families across the UK and internationally.
United Kingdom: Major Changes Ahead for Home Education
The most significant legislative development for UK home educators is the introduction of the Children’s Wellbeing and Schools Act 2026.
The Act received Royal Assent in April 2026 and is now law. However, many of the home-education-related provisions are not yet in force and are expected to require further regulations, consultation, and statutory guidance before implementation. Current expectations suggest many of these changes may not take effect until 2027 or later.
For now, home education remains legal under existing legislation, and current legal responsibilities remain unchanged.
The New “Children Not in School” Framework
The section of the Act most relevant to home educators is known as Children Not in School (CNIS). The Government states that these measures are intended to improve visibility of children who are not attending school and strengthen safeguarding systems. The framework is expected to introduce:
mandatory registration of home-educated children,
local authority registers,
additional information-sharing requirements,
expanded local authority involvement,
revised School Attendance Order processes,
and greater oversight in certain circumstances.
One of the most significant changes is the planned creation of a compulsory register for children who are not enrolled in school. Local authorities will be required to maintain these records once the legislation is commenced.
Registration Requirements
Under the new framework, families are expected to be required to register home-educated children with their local authority. At present, parents in England are not required to register as home educators in the same way many other countries require. The proposed register system represents a substantial shift in how home education is monitored.
Details surrounding:
registration procedures,
information requirements,
and ongoing administrative processes
are still expected to be clarified through future guidance and consultation.
Home Visits and Local Authority Powers
One area that has generated considerable discussion within the home-education community involves local authority powers relating to home visits. Current proposals indicate that local authorities may be able to request visits shortly after a child is placed on the register. Some current interpretations suggest this could occur within approximately fifteen days of registration under future regulations. However, important details remain subject to guidance, implementation frameworks, and future regulations. This is one of the areas many families are monitoring closely as consultation progresses.
School Attendance Orders
Changes are also expected regarding School Attendance Orders (SAOs). The legislation introduces amendments that may allow local authorities to intervene more readily if they are not satisfied that a child is receiving a suitable education or if required processes are not followed. Again, much of the practical application will depend on guidance that has not yet been published.
SEND and Vulnerable Children
Families educating children with Special Educational Needs and Disabilities (SEND) are paying particular attention to the new framework. Home education remains lawful for SEND children. However, certain circumstances may involve additional oversight, assessment processes, or consent requirements. The legislation also introduces circumstances where local authority consent may be required before a child can be deregistered from school for home education, particularly where safeguarding concerns or child protection plans are involved. Supporters of the reforms argue that these measures strengthen safeguarding protections. Critics argue that some proposals risk increasing pressure on families who are already navigating complex educational and SEND needs. As with many aspects of the legislation, practical implementation remains a key area of debate.
Consultation Will Be the Next Major Stage
Although the Act has passed, many details are still unresolved. The next significant stage is expected to involve:
public consultation,
draft regulations,
statutory guidance,
and implementation planning.
For families, staying informed during this period will be particularly important. The shape of home education in England and Wales over the next decade may be heavily influenced by decisions made during these consultation stages.
International Homeschooling Trends: A Global Picture
While much attention is currently focused on developments in the UK, home-education legislation is evolving across many countries. A clear international trend is emerging: Governments are increasingly seeking greater visibility and accountability regarding children educated outside traditional school systems. However, the level of regulation varies dramatically.
United States
The United States continues to operate without a single federal homeschooling law. Instead, regulation is determined at state level. This creates enormous variation. Some states maintain relatively light requirements, while others require:
registration,
annual assessments,
portfolio reviews,
or curriculum documentation.
At the same time, several states continue expanding school-choice initiatives, educational savings accounts, and voucher programmes, indirectly increasing interest in home education. Families therefore continue to experience a wide range of freedoms depending on location.
Europe
Europe presents one of the widest regulatory contrasts.
1. Germany
Home education remains largely prohibited. Families are generally required to send children to approved schools, with only very limited exceptions available. Germany continues to have some of the strictest home-education restrictions in the Western world.
2. France
France has significantly tightened regulations in recent years. Since reforms introduced in 2022, families generally need official authorisation and must reapply regularly to continue home educating. Government oversight has increased considerably compared with previous decades.
3. Netherlands
Home education remains highly restricted and is only permitted under limited circumstances. Families often face significant legal and administrative barriers.
4. Portugal, Spain, and Italy
Home education is generally possible but often accompanied by varying assessment, monitoring, or reporting requirements depending on region and local interpretation. Families frequently navigate a combination of educational freedom alongside formal accountability processes.
Australia
Home education is legal throughout Australia, but regulation occurs at state and territory level. Most states require:
registration,
learning plans,
and evidence of educational progress.
Many regions are increasingly emphasising:
annual reviews,
learning documentation,
and structured educational planning.
Portfolio-based evidence is becoming increasingly common.
Canada
Home education is legal across all Canadian provinces. However, requirements vary considerably. Some provinces operate relatively flexible systems. Others require:
educational plans,
regular communication,
annual reviews,
or portfolio submissions.
Portfolio-based assessment approaches are becoming increasingly common as authorities attempt to balance educational freedom with accountability.
What Do These Changes Tell Us?
Although laws differ significantly between countries, several themes appear repeatedly:
Increased Registration
Governments increasingly want accurate data regarding children educated outside school systems.
Greater Oversight
Authorities are placing greater emphasis on monitoring educational suitability and safeguarding.
Portfolio and Evidence-Based Assessment
Many systems are moving toward progress documentation rather than standardised testing alone.
Balancing Rights and Responsibilities
Ongoing debates continue around:
parental rights,
educational freedom,
safeguarding,
state involvement,
and children’s welfare.
These discussions are unlikely to disappear anytime soon.
Looking Ahead
Home education remains a rapidly evolving area of education policy. For families, the coming years may bring:
new registration systems,
changing legal responsibilities,
additional oversight,
and increased expectations around educational evidence.
At the same time, home education continues to grow globally, with many families seeking personalised, flexible, and child-centred approaches to learning. As legislation develops, staying informed will become increasingly important. The legal landscape surrounding home education is changing — particularly in England and Wales — but many details are still being shaped. For now, the most important message for families is this: Home education remains lawful, existing legal duties still apply, and many of the proposed UK changes are not yet operational. The next phase will likely be defined by consultation, guidance, and continued discussion about the future relationship between educational freedom, accountability, and child welfare.
