The Children's Wellbeing and Schools Bill received Royal Assent on 29 April 2026 and is now an Act. The children-not-in-school provisions are on the statute book, but sections 37–42 have not yet been brought into force.
Royal Assent on 29 April 2026
Not yet in force
Not published yet
Current law and elective home education guidance
The Act is now law, but the home education rules have not started yet.Continue with your current arrangements and use the current GOV.UK elective home education guidance. Keeping records may be useful, but these sections do not currently require a particular Homeschooly log, attendance sheet or report.
Yes. It received Royal Assent on 29 April 2026 and is now an Act of Parliament.
No. The government still needs to publish a start date before families have to follow the new registration system.
We don't know yet. Sections 37–42 need their own official start date, and nothing has been announced.
Carry on following the current home education rules. Simple records can be useful, but you do not currently need a particular log or report because of this Act.
The Act is written in numbered sections, which is tidy for lawyers but a bit annoying for everyone else. Here's the plain-English map before we get into the practical bits.
This is the “before you leave school” bit. In some situations, families would need the local authority to be involved before a child is removed from the school roll.
This is the register bit. It sets up a local authority list of children who are not registered at school, and says what information may be collected.
This is the “what happens if the council thinks education is not suitable?” bit. It rewrites the School Attendance Order process.
This is the data-handling bit. It gives rules for processing information connected to children not in school and School Attendance Orders.
This is the “how councils should use the new rules” bit. It creates a guidance duty, so local authorities are not left making it up as they go.
This is the tidy-up bit. When a law creates a new system, other laws usually need small edits so everything fits together.
These sections are in the Act, but they are not running yet. This guide explains what each section is about, not what you need to do today.
Parliament has passed the Act. Sections 37–42 contain the new children-not-in-school rules.
A minister must choose when the rules start. The first England regulations started section 33 only, not sections 37–42.
More rules and guidance will explain the details and how local authorities should use their new powers.
Once the rules start, local authorities will put them into practice and follow the national guidance.
The Children's Wellbeing and Schools Act 2026 introduces several new requirements for home educators. Here's how they could affect your family.
Section 38 sets up local authority registers for children who are not in school. This will not start until the government brings the section into force.
Once section 38 starts, a local authority may ask to visit a newly registered child at home.
Once section 37 starts, some families will need local authority permission before taking a child out of school.
Section 39 changes how School Attendance Orders work once it starts.
The verified milestones so far, followed by the official updates that families still need to watch for.
The bill completed Parliament and became the Children's Wellbeing and Schools Act 2026.
The first commencement regulations brought section 33 into force in England, but not the children-not-in-school provisions in sections 37–42
The Secretary of State sets the date for England. Welsh Ministers set the date for Wales. Neither date has been announced.
We could not find any new official guidance explaining how the register will work when we checked on 23 June 2026.
Watch legislation.gov.uk for an official start date and GOV.UK for new rules, guidance or a consultation. Until then, the register in sections 37–42 is not running.
The bill changed significantly before becoming law. Here are the moments that matter most for home educating families.
Yes. The UK Parliament website still publishes the final papers used during ping-pong, so you can trace what changed before Royal Assent. You can also read the full debates on Hansard.
Straight answers to the most common questions about the Children's Wellbeing and Schools Act 2026.
Yes. It received Royal Assent on 29 April 2026. But becoming law did not automatically start the children-not-in-school sections.
No. As of our check of the official legislation on 23 June 2026, sections 37–42 had not yet been given a start date. The first commencement regulations only brought section 33 into force in England; they did not start the children-not-in-school provisions.
No date has been announced. The Secretary of State will choose the date for England, while Welsh Ministers will choose the date for Wales. Different parts may start at different times.
The new register is not running yet. Keep following the current law and home education guidance. Simple records may help you stay organised and to be prepared for the new changes
Once section 38 starts, a local authority may ask to visit a newly registered child at home. The Act does not call the visit compulsory. However, if you refuse, the authority must take that into account when deciding whether to begin the School Attendance Order process. We are still waiting for practical guidance.
Section 38 includes details about the child and parents, who provides the education, estimated learning time and some tutors or other providers. More detail can still be added through regulations, so we don't yet know exactly what the finished register will look like.
The Act mentions estimated learning time and information about some providers, but there is no current duty under these sections to keep a particular daily log, attendance sheet or report. We will need to check the regulations and guidance when they are published.
Once section 37 starts, permission will be needed in certain cases. These include some children placed in specialist education by a local authority and some current or recent section 47 safeguarding cases. It is more specific than simply having had contact with children's services.
Yes. Section 37 lets a parent ask the Secretary of State in England or Welsh Ministers in Wales to look at the decision. This part has not started yet.
Not that we could find when we checked the official sources on 23 June 2026. For now, the current GOV.UK elective home education guidance is still the useful place to start.
Follow the current rules, keep whatever simple records actually help your family and watch the official sources for a start date or new guidance. Be wary of anyone selling a product as legally required when it is not.
While you wait for the new system to start, here are some practical steps to prepare.
Start keeping notes about your child's education now. It's not required by current law, but it will help if your local authority asks questions later.
Check the official sources for a start date, guidance or consultation rather than relying on guesses in headlines or social posts.
Until the home education sections of the Act are brought into force, the current rules still apply. Make sure you understand your existing rights and responsibilities.
You're not alone in this. Thousands of families are in the same position. Connecting with others helps you stay informed and supported.
We've used official Parliament and government sources.
This page provides general information only and is not legal advice. The Children's Wellbeing and Schools Act 2026 is now law, but its different sections do not all start at the same time. We are also still waiting for some of the practical rules and guidance. Always check the latest official information and get professional advice if you need help with your own situation.
