Part of the Learn Without Limits CIC knowledge base for ALN families in Wales.

The Children’s Wellbeing and Schools Act: What Welsh ALN and Electively Home Educating Parents Need to Understand First

Published 3 May 2026

This is the first article in 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.

The Children’s Wellbeing and Schools Act 2026 is now law, and many Welsh ALN parents and electively home educating families are trying to understand what it means for them.

This article explains the first things families in Wales need to know about the Act, the new children not in school framework, and the practical questions it raises for children with additional learning needs (ALN), children outside school, and families navigating elective home education, attendance pressure, IDPs or EOTAS.

This series follows on from our January article, When Everyone Is Acting Rationally, and Children Are Still Harmed [11].

That article asked a difficult but important question: what happens when systems are built in ways that reward defensible process, compliance and escalation, even when the child’s real circumstances are much more complex?

That question matters even more now.

In plain English

Home education is not being banned in Wales.

Welsh ALN rights have not disappeared.

But the Children’s Wellbeing and Schools Act creates a more formal framework for children not in school. Local authorities will be expected to know more, record more and assess more. The detail of how this will work in Wales is still to come, but families should begin preparing calmly now.

The key message is this:

The Act does not simply copy the whole English reform package into Wales. But some parts of it do apply to Wales, and the “children not in school” measures are the ones Welsh families most need to understand.

This article is not legal advice. It is a parent-facing guide to help families understand the direction of travel, what has changed, what has not changed, and why Welsh ALN and electively home educating families should pay close attention to the next stage.

Who this article is for

This article may be especially relevant if:

  • your child is electively home educated
  • your child has ALN or an IDP
  • your child is out of school because provision has broken down
  • your child is waiting for EOTAS or a placement decision
  • you are being pressured around attendance
  • your child has autism, ADHD, a PDA profile, anxiety, trauma, sensory needs, medical needs or fluctuating capacity to engage
  • you are worried about privacy, domestic abuse safety or local authority contact
  • you are unsure whether your child’s situation is being understood as education, safeguarding, attendance, ALN, health or social care

If any of that sounds familiar, the new law may not change everything overnight, but it may change the way your family is seen, recorded and assessed by local systems.

Why we are writing this series now

There is already a lot of discussion online about the Children’s Wellbeing and Schools Act. Some of it is accurate. Some of it is incomplete. Some of it is understandably anxious.

That is not surprising.

Many parents who electively home educate do so because they believe it is the right educational route for their child. Some have always intended to home educate. Others have arrived there after years of school distress, unmet need, bullying, sensory overwhelm, autistic burnout, attendance pressure, medical issues, or breakdown in trust.

For ALN families, the issue is rarely abstract.

A child may be out of school because the placement failed. A parent may be home educating because the child was being harmed by an environment that did not understand them. A family may be trying to recover after school trauma. A child may have an IDP, a health condition, a PDA profile, severe anxiety, communication differences, or fluctuating capacity to engage.

So when a new law increases formal oversight of children not in school, many families hear a very personal question underneath the policy language:

Will this help protect children, or will it make already pressured families more exposed to misunderstanding?

That is the question this series will explore.

What actually applies to Wales?

The first thing Welsh parents need to know is that the Children’s Wellbeing and Schools Act is a UK Parliament Act, but not every part of it applies in the same way across England and Wales.

Welsh Government has published Wales-specific information explaining that only certain provisions have been brought into Wales. These include provisions relating to:

  • children not in school
  • child employment
  • ill-treatment and wilful neglect of children under 18
  • children in temporary accommodation
  • Healthcare Inspectorate Wales notifications

Welsh Government also states that most of the wider Bill applies to England only, and that Wales requested provisions it considered aligned with Welsh policy aims [2].

That matters because Welsh families should be cautious about relying on England-only summaries. Wales has its own legal framework for ALN, social care, well-being and education duties. The Act lands inside that Welsh landscape. It does not replace it.

The biggest direct change for Welsh home educating families

For electively home educating families, the key issue is the new children not in school framework.

Welsh Government explains that the Act will introduce a legal framework for local authority registers of children not in school. This will include children who are:

  • electively home educated
  • educated through flexi-schooling arrangements
  • receiving education otherwise than at school arranged by the local authority

Parents and carers will be required to provide information to local authorities for the register. Some out-of-school settings will also have information duties. Local authorities will be able to request meetings with families and to see and speak with the child. They will also have to consider the home and other learning environments when deciding whether a child should be required to attend school [2].

That is a significant change.

It does not mean that home education is being banned in Wales. Welsh Government explicitly says that the measures do not stop parents from choosing home education, do not require home-educated children to follow the Curriculum for Wales, and do not require school-style timetables [2].

But it does mean the privacy baseline is changing.

The state will be entitled to know more, ask more, record more, and make decisions using a more formal oversight structure.

For many parents, that will feel very different from the current position.

What the Act does not do

It is equally important to be clear about what has not changed.

Welsh home education guidance still recognises that education is compulsory, but school attendance is not. Parents remain responsible for ensuring their child receives a full-time, efficient and suitable education, either by regular attendance at school or otherwise [3].

The Welsh guidance also recognises that home education can take many forms. It says home educated children are not required to follow the Curriculum for Wales or meet a fixed number of learning hours. It also says local authority officers should recognise that the customs, practices and standards of school-based education are not necessarily relevant to home education [3].

That is important.

A suitable home education does not have to look like school at home. It does not have to follow school hours. It does not have to replicate classroom practice.

For ALN children, this matters even more. Many children are home educated precisely because a conventional school model has not worked for them.

What about children with ALN?

This is where Welsh families need especially careful information.

The Children’s Wellbeing and Schools Act does not remove Welsh ALN rights.

Welsh Government published specific guidance on ALN and elective home education on 27 March 2026. That guidance confirms 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 individual development plan (IDP) and secure the additional learning provision (ALP) described in that plan [4].

That is a very important point.

Home education does not automatically mean a child loses ALN rights. It does not mean the local authority can simply step away from its duties. If a child has ALN and needs ALP, the Welsh ALN framework still matters.

This is also why IDP reviews matter. A good IDP review should look at whether the child’s needs are properly understood, whether ALP is being delivered, and whether the plan still matches the child’s real circumstances. We have previously explained this in our parent guide to what makes a good IDP review [12].

If a child is outside school, or home education is being discussed, the IDP should not be treated as an administrative extra. It may be one of the key documents showing what the child needs, what provision is required, and whether the public system is meeting its duties.

EHE, EOTAS and children left without suitable provision are not the same thing

One of the most important distinctions for families is the difference between elective home education and education otherwise than at school.

Welsh Government guidance explains that elective home education is parent-led, while EOTAS is arranged by the local authority where the authority is responsible for securing education outside school [4], [5].

That distinction matters.

A child being at home does not automatically mean they are being electively home educated. Sometimes a child is at home because suitable provision has not been made. Sometimes a parent is being pressured towards deregistration when what the child may need is EOTAS, an IDP review, a change of placement, health input, or a properly planned package of support.

For example, a child who is at home because a school placement has broken down is not automatically in the same position as a child whose parent has freely chosen elective home education. One situation may raise questions about parent-led education. The other may raise questions about whether the local authority has arranged suitable education or secured ALP.

Families trying to understand EOTAS may find our earlier guide, EOTAS in Wales: Part 1 helpful [13].

This distinction is likely to become even more important under the new children not in school framework. If the category is wrong, the response may be wrong too.

Attendance pressure and “children not in school”

The new children not in school framework also sits close to existing attendance and enforcement systems.

That does not mean every child outside school is in the same position. A child who is on roll and absent is not necessarily in the same legal position as a child who is electively home educated. A child waiting for EOTAS, specialist provision or an IDP decision may raise different questions again.

But parents should understand that attendance, suitability of education, ALN duties and local authority oversight can overlap.

We have previously written about attendance warnings, fines and prosecution in Wales, especially where a child has ALN [14].

That article explains why written evidence matters. This new series builds on the same practical point: where systems are under pressure, families are often safer when they can show clearly what has happened, what has been requested, what has been provided, and what remains unmet.

The real concern is not the register alone, but how it is used

It would be too simple to say that every part of the new law is bad. Some children are genuinely invisible. Some children are unsafe. Some children are being exploited. Some children are not receiving a suitable education. No serious parent-led organisation should ignore that.

But it would also be too simple to say that more oversight automatically means better protection.

For Welsh ALN families, the real concern is how the new powers will behave in practice when they meet complicated real-life situations.

For example:

  • Will autistic burnout be understood, or will it be seen as parental failure to educate?
  • Will a child’s trauma response be recognised, or will it be treated as refusal to engage?
  • Will local authorities distinguish between elective home education and children left without suitable provision?
  • Will children with PDA profiles, selective mutism, anxiety or fluctuating health be assessed fairly?
  • Will families who have escaped domestic abuse be protected from unsafe information handling?
  • Will ALN duties be applied properly, or will attendance and safeguarding language override the child’s actual needs?

These are not theoretical worries. They are the kinds of issues Welsh parents already raise when systems misunderstand disability, distress or family context.

This is why our January article matters as the starting point for this series. The danger is not necessarily that individual professionals act with bad intent. The danger is that a new system may create more procedural triggers, more records, more assumptions and more opportunities for families to be misunderstood unless Welsh implementation is careful, proportionate and disability-informed.

Why Wales is different

Wales is not operating from a blank page.

Welsh law already has its own well-being framework. The Social Services and Well-being (Wales) Act 2014 defines well-being broadly, including physical and mental health, emotional well-being, protection from abuse and neglect, education, training and recreation, and domestic, family and personal relationships [6].

Wales also has its own ALN system under the Additional Learning Needs and Education Tribunal (Wales) Act 2018. That system is built around individual development plans, additional learning provision, participation, rights of challenge and the Education Tribunal for Wales [7], [8].

That does not mean Welsh systems always work well in practice. Many families know they do not.

But it does mean Welsh decision-makers cannot simply apply a school-centred or England-only view of what suitable education, welfare, safeguarding or support should look like.

For Welsh ALN families, the key question will be whether the new children not in school framework is implemented alongside existing Welsh duties, rather than allowed to flatten them.

If families disagree with ALN decisions as this new framework develops, the routes for challenge will still matter. We have a separate guide on how to challenge an ALN decision in Wales [15].

What details are still to come?

This is one of the most important points for parents to understand.

The Act has passed, but Welsh Government has said that much of the detailed operation of the children not in school measures will be set out later through regulations and guidance. It has also said there will be public consultation before those measures come into force in Wales [2].

There is another practical reason why some operational detail may not appear immediately. Today is 3 May 2026, and the Senedd election takes place on 7 May 2026 [9]. Welsh Government guidance for officials explains that the Senedd was dissolved on 8 April 2026, and that ministers should not ordinarily conduct high-profile or sensitive official business during the pre-election period [10].

It is therefore likely that some Welsh operational detail will only become clearer once the election has taken place and new Members of the Senedd have settled in.

That means the broad legal architecture has changed, but some practical details are still unresolved.

We do not yet have the full Welsh operational picture on questions such as:

  • exactly what information will be required for the register
  • how meetings with families will be requested
  • how local authorities will approach seeing and speaking with the child
  • how refusal or non-engagement will be weighed
  • what safeguards will exist for families affected by domestic abuse
  • how ALN, disability, health needs and trauma will be built into Welsh guidance
  • how local authorities will avoid confusing unsuitable education with unmet public-service duties

These details matter.

They will shape whether the new system feels like proportionate safeguarding or like intrusive monitoring.

What this first article does not cover in depth

This first article is an overview.

Later articles will look in more detail at privacy and family life, domestic abuse safety, disability misunderstanding, Welsh well-being law, and practical documentation.

That matters because the Act sits across several areas of law and practice. Trying to cover everything in one article would risk making the information less useful for parents.

Why this needs a five-part series

There is too much here for one article.

The Children’s Wellbeing and Schools Act now sits across education, safeguarding, home education, privacy, ALN, disability, social care and online safety. For Welsh families, it also has to be understood alongside Welsh law and Welsh guidance.

So this article opens a five-part weekly series.

Part 1: The Children’s Wellbeing and Schools Act: What Welsh ALN and Electively Home Educating Parents Need to Understand First
This opening article explains what has changed, what applies to Wales, what has not changed, and why the Welsh detail still matters.

Part 2: What the Act Actually Changes for Home-Educating Families in Wales
This article will look more closely at children not in school registers, information duties, local authority contact, seeing and speaking with the child, school attendance order changes, and the Welsh operational detail still to come.

Part 3: ALN, Home Education and “Suitable Education” After the Act
This article will focus on IDPs, ALP, suitability, the difference between EHE and EOTAS, and why home education does not remove Welsh ALN duties.

Part 4: Privacy, the Children Not in School Register and Domestic-Abuse Safety
This article will look at Article 8 private and family life concerns, information sharing, safe contact, address confidentiality, domestic abuse risks and practical questions families may need to ask.

Part 5: Wales’ Well-being Law Meets Westminster’s Welfare Tools
This article will look at the deeper legal tension between Wales’ well-being duties, the ALN framework and the new UK children not in school powers.

We may also publish a follow-on article on online safety, exploitation and the parts of the Act some parents may support.

The aim is not to create panic.

The aim is to help families prepare.

What parents can do now

At this stage, parents do not need to rush into fear-based decisions. But it would be sensible to begin strengthening the paper trail around the child’s education and needs.

Keep records

It may help to keep:

  • a simple record of educational activity and progress
  • notes on how the child learns best
  • copies of IDPs, review notes and professional reports
  • records of any ALP that is being delivered
  • records of any ALP that is not being delivered
  • examples of the child’s work, interests, skills or progress, where appropriate
  • evidence of health, sensory, communication or trauma-related needs

This does not have to mean recreating school at home. It means keeping enough information to show the child’s needs, learning and context clearly.

Clarify responsibilities

Parents may also want to be clear about which situation applies to their child.

For example:

  • Is the child electively home educated?
  • Is the child still on a school roll but unable to attend?
  • Is the child waiting for EOTAS?
  • Is the child without a suitable placement?
  • Is there an IDP?
  • Is the IDP school-maintained or local authority-maintained?
  • Who is responsible for securing ALP?
  • Has the local authority made a clear decision in writing?

When systems use the wrong category, families can end up being pushed down the wrong route.

Protect safety and privacy

For families affected by domestic abuse, privacy and safe-contact arrangements may need particular attention. Families in that position may wish to ask, in writing, how their information will be handled, who will have access to it, and what safeguards exist around addresses, contact details and communication preferences.

This will be covered more fully in Part 4 of the series.

Keep communication in writing where possible

Written communication can help families reduce confusion and protect against misunderstandings.

That may include asking:

  • What decision has been made?
  • What law or guidance is being relied on?
  • What evidence has been considered?
  • What does the local authority say is missing?
  • What steps are being requested from the parent?
  • How have the child’s ALN, health needs or trauma history been considered?
  • When will the decision be reviewed?

These are practical questions, not confrontational ones.

Peer workshops and community discussion

We will also use our parent peer workshops to help families map what these changes may mean in real life, especially where education, ALN, safeguarding, social care, health and home education overlap.

Upcoming sessions will be advertised on our events page [16].

Parents who want to discuss the changes with others navigating similar issues in Wales can also join our Facebook community [17].

Peer discussion is not a substitute for legal advice, but it can help families spot patterns, ask better questions and feel less alone.

The key message

The Children’s Wellbeing and Schools Act is significant for Wales, but not because it abolishes home education or removes ALN rights.

It does neither.

Its significance is that it changes the relationship between families and the state for children not in school. It increases visibility, information duties and formal oversight. For some children, that may help. For others, particularly children already failed or misunderstood by existing systems, the quality of implementation will matter enormously.

For Welsh ALN and electively home educating families, the task now is to understand the new landscape clearly.

Not panic.

Not ignore it.

Understand it, document carefully, and be ready to insist that Welsh decision-makers apply Welsh ALN, well-being, equality and human rights duties properly.

We will update our coverage as Welsh regulations and guidance are published, because the practical detail will matter as much as the Act itself.

Forewarned is forearmed.

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.

References

[1] UK Parliament, Children’s Wellbeing and Schools Act 2026: Parliamentary stages and publications, UK Parliament.

[2] Welsh Government, Children’s Wellbeing and Schools Bill and elective home education, 26 February 2026.

[3] Welsh Government, Elective home education guidance, updated 11 March 2025.

[4] Welsh Government, Additional learning needs (ALN) and elective home education, 27 March 2026.

[5] Welsh Government, Additional learning needs (ALN) and education otherwise than at school (EOTAS), 27 March 2026.

[6] Social Services and Well-being (Wales) Act 2014, anaw 4. Available: https://www.legislation.gov.uk/anaw/2014/4/contents

[7] Additional Learning Needs and Education Tribunal (Wales) Act 2018, anaw 2. Available: https://www.legislation.gov.uk/anaw/2018/2/contents

[8] Welsh Government, A guide for parents about rights under the additional learning needs (ALN) system.

[9] Electoral Commission, Guidance for observing the May 2026 Senedd election.

[10] Welsh Government, Elections to Senedd Cymru May 2026: guidance for Welsh Government officials.

[11] Learn Without Limits CIC, When Everyone Is Acting Rationally, and Children Are Still Harmed, January 2026.

[12] Learn Without Limits CIC, IDP Series: What Makes a Good IDP Review?, 26 November 2025.

[13] Learn Without Limits CIC, EOTAS in Wales: Part 1, 8 December 2025.

[14] Learn Without Limits CIC, Attendance warnings, fines and prosecution in Wales: what parents need to know, 16 January 2026.

[15] Learn Without Limits CIC, How to Challenge an ALN Decision in Wales, 28 March 2026.

[16] Learn Without Limits CIC, Events.

[17] Learn Without Limits CIC, Facebook community.