Is Education Devolved in Wales?

If you moved from England to Wales and started researching home education, you may have quickly realised the rules are not quite the same. That is because education in Wales is a devolved matter — meaning the Senedd and Welsh Government have responsibility for devolved education policy, legislation, and guidance in Wales. For families considering home education in Wales, or already home educating, this distinction matters in very practical ways: from which curriculum your local authority expects to see evidence of, to which qualifications your child will sit, to which legislation governs your rights.

This post explains exactly what devolution means for education in Wales and what it means for you as a home educator.

What Does Devolved Mean?

When the UK Government established the Welsh Assembly — now the Senedd Cymru — in 1998, it transferred responsibility for certain policy areas from Westminster to Cardiff Bay. Education was one of those areas. Today, the Senedd and the Welsh Government have legislative competence and policy responsibility for devolved education in Wales. Westminster's Department for Education (DfE) guidance for England does not govern Welsh schools or Welsh local-authority home-education practice.

This is why, when you read guidance from the DfE or from English home education organisations, some of it will not apply to your situation in Wales. The two education systems have diverged significantly since devolution, and continue to diverge.

How Is Welsh Education Law Different from England?

The foundation of home education law in Wales is identical in origin to England: Section 7 of the Education Act 1996 places the duty on parents — not the state — to ensure their child receives "efficient full-time education suitable to his age, ability and aptitude and to any additional learning needs the child may have, either by regular attendance at school or otherwise." The "or otherwise" clause is the legal basis for home education throughout England and Wales.

However, beyond that shared foundation, Welsh and English law diverge in important ways:

The Curriculum for Wales does not apply to home educators. In schools, the Curriculum for Wales — introduced progressively from 2022 — replaced the National Curriculum of England and Wales. Home educators in Wales have no legal obligation to follow it. The legal standard remains the "efficient and suitable" test from Section 7, interpreted through Harrison and Harrison v Stevenson [1981], which described "efficient" education as achieving what it sets out to achieve and "suitable" education as preparing a child for life in a modern, civilised society and enabling them to reach their full potential.

Local authority duties differ. Under Section 436A of the Education Act 1996 (as amended), local authorities in Wales have a duty to identify children not receiving suitable education. Following an unsatisfactory informal response, an LA with reasonable grounds to think a child is not receiving suitable education can serve a formal notice under Section 437(1), giving a specified period for the parent to satisfy it; failure to do so can lead to a School Attendance Order under Section 437(3). Welsh Government guidance to LAs on how to exercise these powers is separate from the guidance issued by the DfE for English LAs. Welsh LAs must act reasonably and proportionately; they cannot demand inspection of the home or require parents to follow a specific curriculum or format.

The proposed register under the Children's Wellbeing and Schools Bill. The Bill was introduced to Parliament in December 2024 and amended in March 2025 to include Wales. It proposes a mandatory register and related Wales measures, but the register is proposed and not enacted. Home educators in Wales should check the current status of the Bill and any guidance about what it may require.

ALN framework instead of SEND. England uses the Special Educational Needs and Disability (SEND) framework. Wales operates under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (ALNET 2018). This replaced SEN Statements in Wales with Individual Development Plans (IDPs). If your home-educated child has additional learning needs, the relevant framework is ALNET 2018, not the SEND framework used in England.

What This Means for Home Educators in Practice

Because Wales controls its own education system, there are several practical differences home educators encounter:

Qualifications. Welsh schools predominantly use WJEC qualifications — Wales's own awarding organisation — alongside Eduqas (WJEC's English-regulated brand). Private candidates sitting GCSEs and A Levels in Wales will often sit WJEC specifications. For subjects involving non-exam assessment (NEA) such as coursework, private candidates need to find a centre willing to authenticate their work, which can be more complex than for written exam-only subjects.

Beyond GCSEs and A Levels, home educators in Wales can pursue the Advanced Skills Baccalaureate Wales (including its Skills Challenge Certificate), Essential Skills Wales qualifications, and Agored Cymru accredited programmes — all Wales-specific pathways.

EMA availability. The Education Maintenance Allowance (EMA) was abolished in England in 2011 but was retained in Wales. Welsh students aged 16 to 18 in approved education or training may be eligible for EMA payments. Home educators progressing to college or training should check eligibility with their provider.

Welsh language. Wales has two official languages. Welsh-medium home education is a legitimate choice, and the Welsh language remains relevant whether you educate primarily in Welsh or English. Resources through Hwb (the Welsh Government's digital learning platform) are available in both languages, and organisations such as Urdd Gobaith Cymru offer Welsh-language activities that home-educated children can access.

LA contact points. There are 22 local authorities in Wales, each with its own home education officer or team. They operate under Welsh Government guidance rather than DfE guidance. The organisation HE Wales (Home Educators Wales) provides support and connects families across Welsh LAs.

Why Documentation Still Matters in Wales

Home educators in Wales are not required to follow a set curriculum, use a specific timetable, or produce portfolios in any prescribed format. However, if an LA has cause to believe a child is not receiving suitable education, it may make informal enquiries under Section 436A and, if concerns remain, follow the formal Section 437 process. At that point, having clear, organised records of what your child is learning — however you choose to structure that — becomes genuinely important.

The legal standard is not a curriculum checklist; it is evidence that your child is receiving efficient education suited to their individual needs. This might be documented through portfolios of work, samples of projects, written accounts of activities, or a combination. The key is that your records give an honest picture of your child's educational experience and progress.

If you are looking for a structured way to build and organise your home education documentation under Welsh law — including templates designed around the Section 7 standard rather than the Curriculum for Wales — the Wales Portfolio and Assessment Templates can help you put a confident, legally grounded record system in place.

Summary

Yes, education is devolved in Wales. The Senedd and Welsh Government set devolved education policy, legislation, qualifications frameworks, and LA guidance within Wales. For home educators, this means the DfE's guidance and England-specific organisations are only partially relevant — you need to understand Welsh legislation (Section 7 of the Education Act 1996, Section 436A, ALNET 2018, and the proposed Wales measures in the Children's Wellbeing and Schools Bill), Welsh qualifications (WJEC, the Advanced Skills Baccalaureate Wales, Agored Cymru), and your own LA's approach under Welsh Government guidance. Building your home education records around the Welsh legal standard — efficient, suitable education for your individual child — is the foundation of a confident and legally defensible home education in Wales.

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