The Children Not in School register
The Children's Wellbeing and Schools Act 2026 tells every council in England to keep a register of children who aren't in school, and that includes children at an online school. It became law on 29 April 2026. None of the register is in force yet.
What parents will have to give
Under the new sections 436B to 436G of the Education Act 1996 (section 38 of the Act), parents will tell their council the child's name, date of birth and addresses, each parent's name and address, who provides the education, and roughly how much time is spent being taught by the parents and by others. You'll have 15 days to register and 15 days to report changes, and the council will check in at least once a year.
What online schools will have to give
Councils will be able to ask a provider that teaches a registered child for more than a set amount of time to confirm it, with the child's details and hours. The amount of time will be set in regulations that haven't been written yet.
When you'll need the council's consent
Section 37 adds a consent rule: you'll need the council's agreement to take a child out of school if the council placed them at a special school, or if there have been child protection (section 47) enquiries in the last five years. The DfE describes this as children on child protection plans.
When it starts
Not yet. The DfE wrote to councils on 30 April 2026 that the measures "are not yet in force", that it will consult on guidance and regulations first, and that councils should keep following the 2019 guidance. We found no consultation on GOV.UK as of 2 November 2026. In Wales the Senedd agreed to the same measures on 17 March 2026, and the Welsh Government says the next Welsh Government will decide when they start. They don't apply in Scotland or Northern Ireland.
Online schools in the Act
Section 52 gives "online education provider" a legal definition for the first time, so teachers at online schools come under the teacher misconduct rules. It does not make online schools register or be inspected.
How many children it covers
The DfE counted 126,000 children being home educated in England on the autumn 2025 census day, up from 111,700 a year before: 1.5% of 5 to 16 year olds. Where a reason was given, mental health was the most common (16%).