# What must a school do when a parent takes a child off roll for home education?

Source page: https://pupilprotect.co.uk/glossary/children-not-in-school-register  
Last updated: 2026-10-20  
Publisher: Pupil Protect (Glacier Labs Ltd)

> The children not in school register is not in force yet: the Children's Wellbeing and Schools Act 2026 became law on 29 April 2026, but when we checked legislation.gov.uk on 20 October 2026, the register duties (section 38) and the rule that some children need local authority consent to be withdrawn for home education (section 37) had not been commenced, and no start date had been set. For now, a school deletes a pupil's name for home education once the parent has told it in writing that the child will be educated otherwise than at school from a certain day and that day has passed, and then sends the local authority a deletion return under the 2024 pupil registration regulations. KCSIE 2026 asks schools to coordinate a meeting with the parents and local authority first where possible, especially if the child has a social worker or SEND.

## The rules today

As of 20 October 2026, removal from roll for home education follows the School Attendance (Pupil Registration) (England) Regulations 2024.

**Ground F.** A school must delete a pupil's name when a parent has told the school in writing that the pupil will no longer attend after a certain day and will be educated otherwise than at school, that day has passed, and no school attendance order naming the school is in force (regulation 9(1)(f); attendance guidance paragraph 245).

**Special schools.** If the pupil is of compulsory school age and is at a special school under local authority arrangements, the name can't be deleted on this ground without the local authority's consent, or a direction from the Secretary of State (regulation 9(2)).

**Deletion return.** When a name is deleted, the school must send the local authority a deletion return with the pupil's name and address, the parents' names, addresses and an emergency phone number, any future address and new school, and the ground for deletion (regulation 13(4); attendance guidance paragraphs 223 and 224).

A name may only be deleted for a reason in regulation 9. The attendance guidance warns that removing a pupil for any other reason "could constitute off-rolling" (paragraph 222). A school can't backdate a deletion, and attendance must be recorded up to the date the name comes off (paragraph 225).

## What KCSIE 2026 asks of schools

Keeping children safe in education (KCSIE) 2026 says many home-educated children have a positive experience, but home education can mean some children don't get a suitable education and are "less visible to the services that are there to keep them safe" (paragraph 222).

Where a parent says they intend to home educate, KCSIE recommends that the local authority, school and other professionals coordinate a meeting with the parents, where possible before a final decision. This is "particularly important where a child has special educational needs or a disability, and/or has a social worker, and/or is otherwise vulnerable" (paragraph 224). Where the child has an EHC plan, the local authority will need to review it.

Schools should also be familiar with the DfE's elective home education guidance for local authorities (paragraph 225). The current version dates from 2019, updated in August 2024.

## What the 2026 Act will change

The Children's Wellbeing and Schools Act 2026 received Royal Assent on 29 April 2026. Its children not in school measures are in sections 37 to 42.

### Schools must tell the local authority

When a parent tells the school they intend to withdraw their child to home educate, the school must notify the local authority where the school is, and the child's home local authority if different (new section 434A(5) of the Education Act 1996).

### Local authority consent for some children

A parent will need local authority consent to withdraw a child for home education if the child:

- is at a special school, or a specialist independent school, under local authority arrangements, or
- is the subject of **section 47 enquiries** under the Children Act 1989, or the local authority has taken action under section 47(8) because the child is suffering or likely to suffer significant harm. This includes action taken in the five years before the application.

The local authority must refuse consent if it thinks the child's best interests are served by attending school, or if no suitable education has been arranged. The school must not delete the child's name until it is told consent has been granted. A school can apply on the parent's behalf, with the parent's agreement (new section 434A).

The Act also requires a pilot of mandatory meetings with the local authority before withdrawal, in a number of named areas (new section 434B).

### Registers of children not in school

Each local authority must keep a register of children of compulsory school age in its area who are either not registered at a school, or registered but educated elsewhere for some or all of the school week under arrangements the school has made or agreed (new section 436B). Parents of eligible children must give the local authority information for it. The register will record, where known, things such as section 47 enquiries, child in need status and whether a child is or was looked after (new section 436C).

Some online summaries describe these registers as already running, or still call the Act a Bill. Neither is right. Once the duties start, a parent of an eligible child will generally have 15 days from the child becoming eligible to tell the local authority and give it the information they have (new section 436D). The provisions cover Wales as well as England, but the Welsh Ministers set the start date for Wales separately (section 78(3)).

## When these changes start

Section 78 of the Act says sections 37 to 42 come into force in England on a date set by regulations, apart from their powers to make regulations, which applied from Royal Assent.

We checked legislation.gov.uk on 20 October 2026. Three sets of commencement regulations had been made (2026/551, 2026/803 and 2026/933), plus an amendment to the second (2026/941). **None of them commences sections 37 to 42.** So the consent rule, the duty to notify and the registers are not yet in force in England, and no start date has been published. Until they are, follow the 2024 regulations and current guidance above.

## Children missing education

**What it means.** The DfE's Children missing education (CME) guidance defines children missing education as children of compulsory school age who are not registered pupils at a school and are not receiving suitable education otherwise than at a school. That includes children whose home education has been assessed as unsuitable, and children whose whereabouts are unknown. The guidance was last updated on 8 September 2025 and is statutory for schools as well as local authorities.

**Why it is a safeguarding issue.** KCSIE 2026 says being absent from education for prolonged periods or on repeat occasions "can act as a vital warning sign" of neglect, child sexual exploitation and child criminal exploitation, particularly county lines, and that the school's response to children missing education should help identify such abuse (paragraph 221). KCSIE points schools to the CME guidance for the information they must give the local authority when removing a child from roll.

**When to tell the local authority.** Under the CME guidance and the 2024 pupil registration regulations:

- **Unexplained absence.** If a pupil's absence is unexplained, the school should make enquiries straight away to find out where the child is. If there is reason to believe the child is in immediate danger or at risk of harm, refer to children's social care, and the police if appropriate.
- **The child seems to have left.** If enquiries lead the school to believe the child will no longer attend, and the parent hasn't said in writing that the child is going to another school or will be educated otherwise than at school, the school should refer the child to their home local authority's CME team "as soon as possible", and keep making enquiries jointly with the local authority.
- **Deletion return.** Whenever a name is deleted from the admission register outside standard transition times, the school must send the local authority a deletion return giving the ground for deletion (regulation 13(4)).
- **Attendance return.** Schools must also tell the local authority about pupils who fail to attend regularly, or who have been absent for 10 or more continuous school days with only codes G, N, O or U, at intervals agreed with the local authority (regulation 13(7) and (8)).

**The deletion grounds.** A name can only come off the admission register on a ground in regulation 9 of SI 2024/208, and once a ground is met the name must be deleted immediately and can't be deleted retrospectively. For a pupil of compulsory school age, regulation 9(1) lists 15 grounds, A to O. These include registering at another school (A), written notice of home education (F), no longer living within a reasonable distance (G), not returning within 10 school days after a leave of absence (H), 20 or more school days of continuous unauthorised absence (I), death (K), leaving at the end of compulsory school age (L) and permanent exclusion (O). For grounds H and I, the school and local authority must first make joint reasonable enquiries to find the child. The child's name can only be deleted if those enquiries fail, or if they succeed and both agree there are no reasonable grounds to believe the child will attend again.

Anyone can raise a concern about a child they think is missing education with the local authority's CME team. The guidance asks local authorities to make sure schools, other agencies and the public know where to refer.

## What to do when a parent says they will home educate

1. Tell the DSL, especially if the child has a social worker, an EHC plan or is otherwise vulnerable.
2. Ask for the parent's decision in writing, with the date the child will stop attending.
3. Offer a meeting, with the local authority where possible, before the decision is final.
4. If the child is at a special school under local authority arrangements, wait for local authority consent.
5. Tell the social worker if there is one.
6. Delete the name only once the date has passed, and send the deletion return.
7. Record what happened on the child's safeguarding file.

## Questions

**Can a school remove a child from roll for home education straight away?**  
Not before the date the parent gives. Under the 2024 pupil registration regulations the school deletes the name once the parent has told it in writing that the child will be educated otherwise than at school from a certain day, that day has passed, and no school attendance order names the school. The school then sends the local authority a deletion return.

**What is the children not in school register?**  
It is a register that each local authority will have to keep of children of compulsory school age who live in its area and are not registered at a school, or are registered but educated elsewhere under arrangements agreed by the school. It is created by section 38 of the Children's Wellbeing and Schools Act 2026, which adds section 436B to the Education Act 1996. When we checked on 20 October 2026, the duty was not in force and no start date had been set: section 38 is in force only so far as it allows regulations to be made.

**Can a child with a social worker be taken off roll for home education?**  
Under the current rules there is no general requirement for local authority consent, though Keeping children safe in education recommends a meeting with the parents first, especially where a child has a social worker. When section 37 of the 2026 Act comes into force, parents will need local authority consent to withdraw a child who is subject to section 47 enquiries, or has been in the past five years.

**Are school registers a legal requirement?**  
Yes. Under regulation 5 of the School Attendance (Pupil Registration) (England) Regulations 2024, every school's proprietor must keep an admission register and, unless all pupils are boarders, an attendance register, both electronically with a back-up at least monthly. Attendance must be taken at the start of the morning session and once during the afternoon session. These are different from the children not in school registers, which local authorities will keep once the 2026 Act's duties start.

**Can you report a child for not attending school?**  
Yes. If you think a child isn't in school or receiving a suitable education, contact the children missing education team at the local authority where the child lives. The DfE's Children missing education guidance asks local authorities to make sure schools, other agencies and the public know where to refer suspected cases. If you think the child is at risk of harm, contact children's social care, or call 999 if they are in immediate danger.

**Do both parents have to agree to deregister from school?**  
The official guidance doesn't say so directly. The 2024 pupil registration regulations refer to notification by the parent, and the DfE's home education guidance says parents include everyone with parental responsibility. GOV.UK says choosing a child's education is part of parental responsibility and that separated parents must include each other in important decisions. If parents can't agree, either can apply to the family court for a specific issue or prohibited steps order.

**Is it illegal to not register your child in school?**  
No. Parents must make sure their child of compulsory school age gets a suitable full-time education, at school or otherwise. Home education is lawful. Once the 2026 Act's register duties are in force, parents of eligible children will have to give the local authority information for its register.

## Sources

- [Children's Wellbeing and Schools Act 2026, section 37: withdrawal of children from school, local authority involvement (legislation.gov.uk)](https://www.legislation.gov.uk/ukpga/2026/21/section/37), checked 2026-10-20
- [Children's Wellbeing and Schools Act 2026, section 38: registration (new section 436B of the Education Act 1996, legislation.gov.uk)](https://www.legislation.gov.uk/ukpga/2026/21/section/38), checked 2026-10-20
- [Parental rights and responsibilities (GOV.UK)](https://www.gov.uk/parental-rights-responsibilities), checked 2026-10-20
- [Children's Wellbeing and Schools Act 2026, section 78: commencement, and commencement regulations 2026/551, 2026/803 and 2026/933, with amendment 2026/941 (legislation.gov.uk)](https://www.legislation.gov.uk/ukpga/2026/21/section/78), checked 2026-10-20
- [The School Attendance (Pupil Registration) (England) Regulations 2024 (SI 2024/208), regulations 5, 9, 10 and 13 (legislation.gov.uk)](https://www.legislation.gov.uk/uksi/2024/208/regulation/9), checked 2026-10-20
- [Working together to improve school attendance (DfE statutory guidance, July 2026): paragraphs 222 to 226 and 245](https://assets.publishing.service.gov.uk/media/6a4f9ec6a6586e258d371bd0/Working_together_to_improve_school_attendance_2026.pdf), checked 2026-10-20
- [Keeping children safe in education 2026, paragraphs 221 to 225 (DfE, in force from 1 September 2026)](https://assets.publishing.service.gov.uk/media/6ac3c09c11ed58342ad8e4ac/Keeping_children_safe_in_education_2026.pdf), checked 2026-10-20
- [Elective home education: guidance for local authorities and for parents (DfE, last updated 19 August 2024)](https://www.gov.uk/government/publications/elective-home-education), checked 2026-10-20
- [Children missing education, statutory guidance for local authorities and schools (DfE, updated 8 September 2025): Who are children missing education, Schools' responsibilities, Removing names from the admission register, Conducting enquiries](https://www.gov.uk/government/publications/children-missing-education/children-missing-education-statutory-guidance-for-local-authorities-and-schools), checked 2026-10-20

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