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 Welsh Government, not Westminster, sets education policy, law, and guidance for Welsh schools and home educators. 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 hold full legislative competence over education in Wales. Westminster's Department for Education (DfE) has no jurisdiction over schools or home education in Wales.

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 special educational needs he 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 case law including Harrison v Stevenson [1981], which established that "efficient" means achieving that which it is intended to achieve, and "suitable" means providing the child with the skills needed to participate in adult life and to take advantage of further education.

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. Under Section 437, an LA that believes a home-educated child is not receiving suitable education must serve a School Attendance Order. 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 Children's Wellbeing and Schools Act 2025 (Wales). Wales has introduced legislation requiring the establishment of a mandatory register of children not in school. This is separate from the Children's Wellbeing and Schools Bill being debated for England. The Welsh register places new duties on parents to notify their LA and on LAs to maintain and review the register. Home educators in Wales should check the current status of this legislation and what it requires from them.

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, known as the ALN Act. This replaced SEN Statements and Education, Health and Care Plans (EHCPs) in Wales with Individual Development Plans (IDPs). If your home-educated child has additional learning needs, the relevant framework is the ALN Act, 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 Welsh Baccalaureate (now called the Advanced 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 enquiries under Section 437. 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 fully devolved in Wales. The Welsh Government sets education law, policy, qualifications frameworks, and LA guidance independently of Westminster. 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, the ALN Act 2018, and the Children's Wellbeing and Schools Act 2025), Welsh qualifications (WJEC, Welsh Baccalaureate, 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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