What the Children’s Wellbeing and Schools Act Actually Changes for Home-Educating Families in Wales

Published 9 May 2026

This is Part 2 of our five-part weekly series: The Children’s Wellbeing and Schools Act in Wales: A Five-Part Guide for ALN and Electively Home Educating Families.

In Part 1, we looked at the big picture: the Children’s Wellbeing and Schools Act 2026 is now law, some parts apply to Wales, and the most important area for Welsh ALN and electively home educating families is the new children not in school framework.

This article looks more closely at what the Act may actually change for home-educating families in Wales.

The key message is simple:

Home education is not being banned in Wales. But children who are educated outside school will become more formally visible to local authorities.

That does not mean every detail is already settled. Welsh Government has said that much of the practical detail will come later through regulations and guidance, with public consultation before the children not in school measures come into force in Wales [2].

At the time of writing, 9 May 2026, Wales is also just beyond a Senedd election. Some operational detail may only become clearer once the new political and ministerial arrangements have settled. We will update our coverage when Welsh Government publishes further guidance.

This article explains what we know now, what is still unclear, and what families can begin doing calmly.

In plain English

Elective home education remains lawful in Wales.

Parents are not being required to recreate school at home.

Home-educated children are not being required to follow the Curriculum for Wales or school-style timetables.

But the new Act creates a more formal framework for children not in school. That includes children who are electively home educated, children in flexi-schooling arrangements, and children receiving local authority arranged education otherwise than at school, often called EOTAS [2].

Local authorities will have a clearer legal framework for keeping registers, asking for information, requesting meetings, and considering the home and other learning environments when deciding whether a child should be required to attend school [2].

For ALN families, the practical question is not only “what does the law say?” but also:

Will the system understand the difference between a child who is electively home educated, a child receiving EOTAS, and a child who is at home because provision has broken down?

That distinction matters.

A lot.

Why this article matters

Many Welsh families arrive at home education after careful thought. Some have always planned to home educate. Some choose it because it fits their child, values, lifestyle, health needs, learning style or family circumstances.

Other families arrive there after distress.

A child may have struggled in school for years. The family may have requested support and not received it. The child may have an IDP, sensory needs, autism, ADHD, anxiety, a PDA profile, trauma, medical needs, school-related distress, or a pattern of burnout. There may have been attendance pressure, reduced timetables, exclusions, bullying, unmet ALN, or repeated failed attempts to make school work.

So when the law starts talking about children not in school, parents need clear category lines.

Not every child at home is being electively home educated.

Not every child outside school is outside school for the same reason.

Not every parent has freely chosen to take on the whole responsibility for education.

If the system applies the wrong label, it may ask the wrong questions and place responsibility in the wrong place.

What is the children not in school framework?

Welsh Government explains that the Children’s Wellbeing and Schools Act includes children not in school provisions for Wales. These are intended to create a legal framework for local authority registers of children who are not in school [2].

This includes:

children who are electively home educated
children educated through flexi-schooling arrangements
children receiving local authority arranged education otherwise than at school, or EOTAS [2]

This is broader than some parents may expect.

The phrase “children not in school” does not only mean children whose parents have chosen elective home education. It also includes children whose education is being arranged outside school by the local authority.

That matters because EHE and EOTAS are very different things.

EHE and EOTAS are not the same thing

This is one of the most important distinctions for Welsh parents.

Welsh Government describes Elective Home Education, usually called EHE, as the situation where a parent decides to educate their child themselves instead of sending them to school. Home-educated children are no longer registered on a school roll. Parents who choose EHE take on legal responsibility for delivering a suitable education [4], [5].

Welsh Government’s statutory home education guidance also says parents who decide to home educate must be prepared to assume full responsibility, and that this may have financial implications [3].

In practical terms, this usually means the parent is responsible for organising and paying for the child’s education, resources, learning activities and examination costs.

Education Otherwise Than At School, usually called EOTAS, is different.

Welsh Government describes EOTAS as education provision provided or commissioned by the local authority. It is for learners who, for whatever reason, cannot attend a mainstream or special school [5].

In plain English:

EHE means the parent has chosen to educate the child and usually carries the cost.

EOTAS means the local authority arranges or commissions education because the child cannot attend school.

That difference is not a technical detail. It affects responsibility, funding, planning, provision, attendance pressure, ALN duties and what parents may need to challenge.

Who pays?

This is where families need especially clear information.

With Elective Home Education, the parent usually pays. Welsh Government guidance says parents who decide to home educate must be prepared to assume full responsibility and that this may have financial implications [3].

In practice, that can include:

learning materials
activities
online learning
tutors, if used
transport
exam entry fees
exam centre fees
specialist input, if arranged privately
equipment or resources not otherwise provided

That does not mean every home-educating family spends the same amount. Some families use low-cost, community-based or self-directed learning. Others pay for tutors, online courses or exam packages.

But the basic point is this:

If the parent has freely chosen EHE, the parent usually carries the practical and financial responsibility for education.

With EOTAS, the local authority is responsible for arranging or commissioning the education provision [5]. That means the local authority, not the parent, is responsible for the education package it puts in place.

This might include, depending on the child’s circumstances and the local authority decision:

tuition
online learning
specialist provision
therapeutic education
alternative provision
packages across more than one setting
support linked to ALN or an IDP

The exact package will depend on the learner’s needs and the local authority’s decisions. But the core distinction remains:

EOTAS is not parent-funded home education. It is local authority arranged education outside school.

What if a home-educated child has ALN?

This is where the position is more nuanced.

Home education does not automatically remove Welsh ALN rights.

Welsh Government’s March 2026 guidance on ALN and elective home education says that where a local authority becomes aware that a home-educated child may have ALN, the authority must decide whether the child has ALN. If the child does have ALN, the local authority must prepare and maintain an IDP and secure the additional learning provision, or ALP, described in that plan [4].

So while EHE parents generally take financial responsibility for education, ALN duties may still matter.

This is a very important distinction.

A parent may be responsible for providing a suitable home education, while the local authority may still have duties under the ALN framework if the child has ALN and requires ALP [4].

That does not mean every home-educated child will have an IDP. It does not mean every support request will be agreed. But it does mean local authorities cannot simply say, “You home educate, so ALN no longer matters.”

If an IDP is maintained, the question becomes:

what ALN has been identified?
what ALP is described in the IDP?
who is responsible for delivering it?
is it actually being delivered?
is the plan being reviewed properly?
does the plan reflect the child’s current circumstances?

We have written separately about what makes a good IDP review, because the IDP can become one of the key documents showing what a child needs and whether provision is actually happening.

Why the wrong label can cause real problems

A child being at home does not automatically mean the child is being electively home educated.

A child may be:

electively home educated by parental choice
still on a school roll but unable to attend
waiting for EOTAS
receiving EOTAS
on a reduced timetable
without a suitable placement
out of school after exclusions
waiting for an IDP review or placement decision
missing education because support has broken down

These situations are not the same.

A parent who has freely chosen EHE may need to explain how they are providing suitable education.

A parent whose child is at home because school provision has failed may need a very different conversation about ALN, IDP review, EOTAS, placement, attendance pressure, health input or local authority duties.

If the wrong category is applied, the family may be pushed into the wrong process.

For example, a child whose placement has broken down may be treated as if the parent has chosen to take full responsibility for education, when the real issue is that suitable education has not been secured.

That is why parents should be cautious about language.

Before agreeing that a child is “home educated”, it may be worth asking:

Are we choosing EHE, or is the child at home because the system has not provided suitable education?

Those are different situations.

We have previously written about the distinction between EOTAS and home education in Wales, and families trying to understand EOTAS may also find our earlier guide, EOTAS in Wales: Part 1, helpful.

What information might local authorities ask for?

The Children’s Wellbeing and Schools Act creates a legal framework for registers and information duties, but the detailed Welsh process is still to come [2].

Welsh Government has said that parents and carers will have to provide information for the register, and some out-of-school settings will also have duties to provide information [2].

At this stage, parents should not assume we already know the final Welsh form, exact questions, frequency of updates, or local process. Those details will depend on Welsh regulations and guidance.

But families can reasonably expect more formal information gathering than before.

That may include questions about:

the child’s identity and basic details
where and how the child is being educated
whether anyone else is providing education
whether the child attends any out-of-school setting
whether the child has ALN
whether the child has an IDP
whether the education is suitable
whether the child is safe and receiving education

The detail matters, and families should look out for future Welsh Government consultation and guidance.

Meetings, seeing the child and speaking with the child

This is likely to be one of the most sensitive areas for home-educating families.

Welsh Government says local authorities will be able to request meetings with families and to see and speak with the child [2].

Some parents will be comfortable with this. Others will be deeply anxious.

For ALN families, there may be good reasons why this needs careful handling. A child may have:

autism
anxiety
selective mutism
trauma
a PDA profile
communication differences
sensory needs
learning disability
medical needs
previous distress linked to professionals
domestic abuse safety concerns

The fact that a child does not speak easily to an unfamiliar adult does not automatically mean the parent is hiding something.

The fact that a child becomes distressed by a meeting does not automatically mean the parent is obstructive.

The fact that a family asks for adjustments does not automatically mean they are refusing engagement.

This is where implementation will matter.

Local authorities will need to understand ALN, disability, trauma, communication needs and family safety. Parents may need to ask for reasonable adjustments, safe contact arrangements, or clarity about what is being requested and why.

We will look more closely at privacy, family life and domestic abuse safety later in this series.

What the Act does not change

The Act does not mean that home education is banned in Wales.

Welsh Government says the measures do not stop parents from choosing home education. It also says home-educated children do not have to follow the Curriculum for Wales or school-style timetables [2].

Welsh home education guidance continues to recognise that education is compulsory but school attendance is not. Parents can fulfil their duty by ensuring the child receives suitable education either by regular attendance at school or otherwise [3].

That means home education does not need to look like school at home.

A suitable education may look different for different children, depending on their age, ability, aptitude, ALN, health, development, interests and circumstances.

For some ALN children, education may need to be flexible, paced differently, interest-led, sensory-aware, communication-aware or built around recovery after school trauma.

But flexible does not mean invisible.

Parents may still need to show that education is happening and that it is suitable.

Suitable education will matter more

The phrase “suitable education” is likely to become even more important.

Welsh Government’s EHE guidance says a suitable education should be suitable to the child’s age, ability and aptitude, and to any SEN or ALN the child may have [3].

This matters because suitability is not a one-size-fits-all test.

A suitable education for a child with severe anxiety, sensory needs, delayed development, communication differences or an IDP may not look like a standard school timetable.

But parents may still need to be able to explain:

what the child is learning
how the education meets the child’s age, ability, aptitude and ALN
what progress looks like for this child
what support is being used
what resources or activities are involved
how the child’s interests, needs and future are being considered
what barriers exist
what is being done to address those barriers

This does not mean families need to create huge files or recreate school paperwork.

But a simple, calm record can help.

What about School Attendance Orders?

A School Attendance Order, often shortened to SAO, is one of the formal routes local authorities can use when they believe a child of compulsory school age is not receiving suitable education.

Welsh Government’s current elective home education guidance includes a section on School Attendance Orders and Education Supervision Orders. It explains the existing legal responsibilities around suitable education and local authority action where there are concerns [3].

The Children’s Wellbeing and Schools Act is expected to sit alongside changes to how children not in school are identified, recorded and assessed. Welsh operational detail is still awaited, so families should not assume every practical step is already clear.

For parents, the practical message is:

Do not ignore formal letters about attendance, suitable education, School Attendance Orders or children missing education.

Instead, ask for clarity in writing.

Useful questions may include:

What concern has been identified?
What evidence is the local authority relying on?
Is the concern about attendance, suitable education, safeguarding, ALN, or something else?
Has my child’s ALN, disability, health or trauma history been considered?
Is the child genuinely electively home educated, or are they at home because provision has broken down?
What steps does the local authority say are required?
What decision has been made, and how can it be challenged?

We have previously written about attendance warnings, fines and prosecution in Wales. Until Welsh Government publishes further detail on the new children not in school framework, that article remains a useful starting point for parents trying to prevent attendance or suitability concerns from escalating.

We will update our guidance when Welsh Government publishes further operational detail.

What parents can start doing now

Parents do not need to panic.

But it may help to start keeping clearer records, especially if the child has ALN or if there has been disagreement with school or the local authority.

Keep a simple education record

This might include:

what the child has been learning
books, resources, projects or activities used
practical skills
social activities
visits or community learning
online courses or tutors
reading, writing, numeracy or communication work
progress over time
the child’s interests and strengths
any barriers to learning
what helps the child engage

This does not need to look like a school lesson plan. It just needs to help show that education is happening.

Keep ALN and support records

If the child has ALN, keep copies of:

IDPs
review notes
professional reports
emails with school or the local authority
evidence of ALP being delivered
evidence of ALP not being delivered
requests for assessment or review
attendance letters or warnings
placement discussions
EOTAS requests or decisions

If an ALN decision is disputed, families may also find our guide on how to challenge an ALN decision in Wales useful.

Clarify the child’s category

This is one of the most practical things parents can do.

Ask:

Is my child electively home educated?
Is my child still on a school roll?
Is my child absent because they cannot attend?
Is my child waiting for EOTAS?
Is my child receiving EOTAS?
Is there an IDP?
Who maintains the IDP?
Who is responsible for securing ALP?
Has the local authority made a written decision?
Am I being asked to take responsibility for something the public system should be arranging?

If the category is unclear, ask for it to be clarified in writing.

Keep communication in writing where possible

Written communication can help reduce misunderstandings.

Parents may want to ask:

What information are you asking for?
What legal power or guidance are you relying on?
What concern are you trying to clarify?
How have my child’s ALN or disability needs been considered?
What adjustment can be made so my child can participate safely?
How will information be stored and shared?
What decision will be made after this information is provided?
What happens if we disagree?

These questions are not aggressive. They are practical.

What still needs Welsh clarification?

A lot of detail is still to come.

Welsh Government has said that regulations and guidance will set out much of the detailed operation of the children not in school measures, and that there will be public consultation before they come into force in Wales [2].

Important questions include:

what information parents will have to provide
how often information will need to be updated
what form the register will take
how local authorities will request meetings
how requests to see or speak with the child will work
how children with ALN, anxiety or communication differences will be supported
how domestic abuse safety and confidentiality will be protected
how refusal or non-engagement will be interpreted
how the system will distinguish EHE from EOTAS
how the system will identify children at home because provision has failed
how School Attendance Order changes will work in practice
how disputes will be handled

These details will shape whether the new framework feels proportionate and supportive, or intrusive and poorly matched to ALN families’ real lives.

The bigger safeguarding question

Children should be safe.

That should not be controversial.

But monitoring is not education, and visibility is not prevention.

A register may help a local authority know that a child is not in school. It cannot, by itself, secure ALP, repair a failed placement, rebuild trust, provide EOTAS, reduce family poverty, or create a progression pathway for the child.

For Welsh ALN families, the prevention question is upstream:

Why are so many children reaching the point where school has broken down, parents are under pressure, and the child is being discussed as “not in school” after the damage has already happened?

The strongest safeguard is not simply knowing where children are after education has broken down.

The strongest safeguard is preventing children from losing access to suitable education in the first place, and building parent-professional relationships based on mutual trust wherever possible.

The same category confusion that affects individual families also matters for Welsh policy.

If Wales wants to understand why children are outside school, it needs to understand the pathways that got them there.

This is where Learn Without Limits CIC’s wider model becomes relevant.

The problem is not only that some children are educated outside school. The problem is that families often reach that point after months or years of confusion, unmet need, delayed decisions, broken trust and unclear responsibility.

Parents are left trying to work out whether the issue is:

ALN
attendance
EOTAS
elective home education
health
social care
safeguarding
disability discrimination
transport
transition
parental responsibility
local authority duty
school duty
or all of these at once

That is the labyrinth families are trying to navigate.

LWL’s model is designed to sit in that gap.

Our Prevent, Bridge, Progress model is not a replacement for statutory services. It is a practical navigation layer that helps families understand the system earlier, ask better questions, keep better records, and identify when the wrong category may be being applied.

Prevent means helping families understand rights, duties, support routes and escalation points before breakdown becomes unavoidable.

Bridge means supporting families and young people during the difficult middle space where education may already be disrupted, trust may be damaged, and a route back into learning or progression needs to be rebuilt.

Progress means helping families move towards the right next step, whether that is school, EOTAS, further education, training, supported employment, statutory review, or another appropriate route.

This matters because a child should not have to become “children not in school” data before the system starts asking what went wrong.

LWL is also developing this navigation layer iteratively with the community it exists to support. Our parent community includes around 960 families, many of whom are already navigating ALN, school breakdown, elective home education, EOTAS, attendance pressure, sensory needs, post-16 transition or children not in school issues.

That gives the model a different kind of evidence base.

We are not designing from assumptions about what parents need. We are using live parent insight to identify recurring navigation problems, turn them into public guidance, test what families find useful, run discussion sessions, and feed the learning back into our programme design.

This is co-production as a working model, not co-production as a label.

For Welsh Government and other stakeholders, that matters.

A digital navigation infrastructure like this could help Wales:

spot recurring confusion points earlier
understand where families are being pushed into the wrong category
identify where EHE, EOTAS, attendance and ALN duties are being blurred
provide parent-facing guidance before crisis escalates
reduce repeated one-to-one explanations by creating reusable resources
support safer, more informed engagement between families and professionals
identify patterns without asking individual families to repeatedly retell distressing stories
help bridge the gap between policy intention and family experience
reduce the risk that monitoring becomes the first serious system response after education has already broken down

This is why digital infrastructure matters.

A blog article can explain a problem. A workshop can help a small group of parents. A Facebook post can circulate quickly. But a properly governed digital navigation layer could connect those pieces into something more useful: searchable guidance, safer community spaces, clearer signposting, parent insight, structured learning, and feedback loops that help the programme improve over time.

That is the role LWL could play.

Not as a substitute for Welsh Government, local authorities, schools, health boards or social care.

But as a practical, parent-led navigation layer between policy and lived reality.

If Wales is serious about preventing children from losing access to suitable education, then families need more than monitoring after the event. They need earlier clarity, trusted guidance, bridge support, and infrastructure that helps the system learn from what parents are already telling us.

We will also be discussing these issues through our parent sessions and briefings. Upcoming sessions are listed on our events page.

The key message

The Children’s Wellbeing and Schools Act changes the landscape for home-educating families in Wales because children not in school will become more formally recorded and visible.

But it does not ban home education.

It does not remove Welsh ALN rights.

It does not mean EHE and EOTAS are the same.

It does not mean every child at home is there because a parent has freely chosen to take full responsibility for education.

For families, the most important practical steps are:

understand the difference between EHE and EOTAS
be careful about the language used to describe the child’s situation
keep simple records
keep ALN and IDP evidence
ask for decisions in writing
watch for Welsh consultation and guidance
remember that suitable education does not have to look like school at home

For Wales, the bigger question is whether the new framework will be implemented in a way that is proportionate, ALN-aware and honest about why children end up outside school in the first place.

The issue is not whether children should be safe.

They should.

The issue is whether Wales invests enough in preventing education breakdown, not only in monitoring children after it has already happened.

Legal disclaimer

This article is for general information only and is not legal advice. It reflects our understanding of the Children’s Wellbeing and Schools Act 2026, Welsh Government guidance and related Welsh legal frameworks at the time of writing.

The practical operation of the children not in school measures in Wales will depend on future regulations, guidance and implementation by Welsh Ministers and local authorities. Families facing individual decisions about home education, school attendance, ALN, safeguarding, domestic abuse, EOTAS, IDPs or legal proceedings should seek advice from a suitably qualified legal professional or specialist advice organisation.