Home Schooling Law in Wales: What Parents Are — and Are Not — Required to Do

Many Welsh families begin looking into home education with the same uneasy question: is this actually legal? The short answer is yes — unambiguously. But the specifics of Welsh education law are worth understanding in detail, because local authorities vary considerably in how they interpret their role, and a proposed register is likely to change the administrative landscape within the next few years.

This post covers what the law actually requires of you, what your local authority is and is not permitted to demand, and what the proposed Children's Wellbeing and Schools Bill means for Welsh home educators.

The Foundational Duty: Section 7 of the Education Act 1996

The legal basis for home education in both England and Wales is Section 7 of the Education Act 1996. It states that parents of compulsory school age children must ensure their child receives "efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have, either by regular attendance at school or otherwise."

That phrase "or otherwise" is the cornerstone of home education law across both nations. Education at home satisfies the legal duty, provided it meets the standard described.

The key terms — "efficient," "full-time," and "suitable" — have never been defined in statute, but the landmark case of Harrison v Stevenson (1981) provided widely used judicial guidance. That case established that "efficient" education is one that achieves its objective (the child actually learns), and "suitable" education is one that equips the child to function within the community they will live in as an adult. Critically, "full-time" is not defined in hours. It does not require a school-length day.

Compulsory school age in Wales runs from the term following the child's fifth birthday until the last Friday in June of the school year in which they turn 16.

How to Start Home Educating Legally in Wales

If your child currently attends a school, you deregister them by writing to the headteacher. The school must then remove your child from the roll and notify your local authority (LA). You do not need the LA's permission to begin home educating — the obligation runs the other way: you are exercising your parental duty under Section 7, not requesting permission to do so.

One critical exception applies: if your child has a Statement of Special Educational Needs or an Individual Development Plan (IDP) under the Additional Learning Needs and Education Tribunal (Wales) Act 2018, you must seek the LA's consent before deregistering. They cannot withhold consent unreasonably, but consultation is legally required.

If your child has never been registered at a school, no formal notification is required. You simply begin providing education at home.

What Local Authorities in Wales Can Lawfully Ask

Wales has 22 local authorities, and their approaches to home education vary considerably — from light-touch annual contact to more persistent requests for access and evidence. It helps to understand what the law actually empowers them to do.

Under Section 436A of the Education Act 1996, LAs must make arrangements to identify children in their area who are not receiving a suitable education. Under Section 437, if an LA believes a child is not receiving such an education, it may issue a School Attendance Order.

Importantly, an LA cannot issue a School Attendance Order simply because it disagrees with your educational approach or because you've declined to meet with an officer. It must have reasonable grounds for believing the education is unsuitable.

LAs are not entitled to:

• Enter your home without your consent
• Demand regular visits as a condition of allowing you to home educate
• Require you to follow the Curriculum for Wales
• Insist on any particular timetable, curriculum format, or record-keeping method

LAs are permitted to:

• Write to you requesting information or evidence that suitable education is taking place
• Arrange a meeting to discuss your educational provision (which you may decline or conduct via letter)
• Issue a formal notice under Section 437(1) if they have reasonable grounds for concern, to which you must respond

Your response to an LA enquiry does not need to be elaborate. A clear, factual description of your educational approach, the subjects covered, and how you assess your child's progress is sufficient. You are demonstrating that education is happening — not auditing yourself against a school's curriculum.

The Curriculum for Wales: Not Your Curriculum

Home educators in Wales are sometimes confused about the Curriculum for Wales, which came into force in 2022 for state schools. It introduced the Areas of Learning and Experience (AoLE) framework across six domains: Expressive Arts; Health and Well-being; Humanities; Languages, Literacy and Communication; Mathematics and Numeracy; and Science and Technology.

The Curriculum for Wales is a statutory requirement for maintained schools, not for home educating families. You may use it as a reference point, draw from its progression steps, or ignore it entirely. The legal test is whether your provision is "efficient, full-time and suitable" — there is no requirement that it mirror any particular school curriculum.

Welsh medium instruction is also not mandatory for home educators in Wales, even in areas where Welsh is the language of local schools. However, many families do incorporate Welsh to varying degrees, and organisations like Urdd Gobaith Cymru run activities that can support this.

The Proposed Mandatory Register for Wales

The Children's Wellbeing and Schools Bill, currently progressing through the Senedd, proposes a mandatory register of home-educated children for Wales. If enacted, parents would be required to notify their LA when they begin home educating, and the register would be a legal document rather than a voluntary or informal arrangement.

This differs from England's proposed register (also under consideration) in that the Welsh bill would sit alongside Wales-specific oversight provisions.

For families already home educating under established provision, the practical impact of a mandatory register is likely to be limited. The bill does not propose giving LAs authority to approve or disapprove educational approaches — it is primarily an identification measure. However, monitoring the bill's progress through the Senedd is sensible, as amendments could alter the scope of LA powers during consideration.

Safeguarding and the S47 Process

A distinct legal process exists where concerns about a child's welfare — not educational provision — arise. If a local authority or other agency has safeguarding concerns, they may initiate an enquiry under Section 47 of the Children Act 1989. This is entirely separate from home education oversight.

Home educating families are no more likely to be subject to safeguarding enquiries than any other family. Being home educated is not a safeguarding risk factor in itself. However, where Section 47 enquiries do occur, engaging calmly with the process and having clear records of your child's daily life and learning is helpful.

Keeping Your Own Records

While there is no legal obligation to maintain particular records, having clear documentation of your home education provision is practical protection. If your LA contacts you, having a portfolio of work samples, a description of your approach, and notes on your child's progress means you can respond confidently rather than scrambling to compile evidence under pressure.

Good documentation also benefits your child as they move toward GCSEs, A-levels, or vocational qualifications, where evidence of prior learning can support applications and preparation.

If you want a ready-made framework for building and maintaining that documentation — organised around Wales's legal and examination context — our Wales Portfolio and Assessment Templates are designed specifically for this purpose.

Summary

Welsh home education law is clear: Section 7 of the Education Act 1996 places the duty on parents, not schools. LAs have limited powers and must have reasonable grounds before taking formal action. You do not need to follow the Curriculum for Wales, provide full school-length days, or agree to home visits. A mandatory register for Wales is likely in the medium term but is not currently law. The best protection is a coherent, documented educational approach — not because the law demands it, but because it makes everything easier.

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