What Is Children Missing Education? Home Education, Absence and the Duty to Act

On this page

1. 1What does children missing education mean, and who counts?
2. 2How is CME different from home education, persistent absence and illness?
3. 3What are the legal duties of parents, schools and councils?
4. 4What must a school do when a pupil stops attending?
5. 5When can a school take a pupil off the roll, and what must it tell the council?
6. 6Why is a child missing education a safeguarding concern?
7. 7Is home education legal, and what can a council do about it?
8. 8What is changing under the Children’s Wellbeing and Schools Act 2026?
9. 9What is off-rolling, and are informal exclusions lawful?
10. 10What should a designated safeguarding lead do when a child stops attending?
11. 11How should schools and councils share information about a child missing education?
12. 12What mistakes do schools and councils make with children missing education?
13. 13How do the rules differ in Wales, Scotland and Northern Ireland?
14. 14What checklist helps when a pupil stops attending or leaves?
15. 15What training helps staff who deal with children missing education?
16. 16Frequently asked questions

This guide is for DSLs, attendance and admissions staff, governors and council officers in England, checked on 1 November 2026, with a boxed section on Wales, Scotland and Northern Ireland. Examples are invented. For the wider framework, see safeguarding children and the types of child abuse. General information, not legal advice.

What does children missing education mean, and who counts?

The Department for Education (DfE) statutory guidance Children missing education (updated 8 September 2025) defines CME 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”. Councils, governing bodies, academy trusts and proprietors must have regard to it. The council’s duty, in section 436A of the Education Act 1996, is to make arrangements to establish, so far as possible, who such children in its area are. “Suitable education” means efficient full-time education suitable to age, ability, aptitude and any special educational needs (section 436A(3)).

A child reaches compulsory school age on the first of 31 December, 31 March or 31 August on or after their fifth birthday, and stays that age until the last Friday of June in the school year they turn 16. The guidance counts as CME children applying for a school place, children offered a place for a future date who have not started, children whose home education has been assessed as unsuitable, and children recorded as CME for a long time because their whereabouts are unknown. It does not count children in suitable education otherwise than at school, home-educated children the council has not yet had a chance to assess, or children registered at a school “even if they are persistently or severely absent”. The table maps common situations to that definition. The council judges each case on its facts.

How is CME different from home education, persistent absence and illness?

The dividing line is the school roll. A child on a school’s admission register is not CME, however much they miss. A child who has left the roll with no school and no suitable education is.

• Home education. Section 7 of the Education Act 1996 requires parents to secure suitable full-time education “either by regular attendance at school or otherwise”. Home education is a lawful choice. A home-educated child becomes CME only where the education is unsuitable.
• Persistent and severe absence. The attendance guidance (July 2026 edition) treats missing 10% or more of school as persistent absence and 50% or more as severe. These pupils are still on the roll, so they are not CME. But where support has been given and severe unauthorised absence continues, the guidance says it “is likely to constitute neglect” (paragraph 136).
• Illness. Being off sick does not make a child CME. A school must send the council a “sickness return” when a pupil recorded as sick is expected to miss at least 15 consecutive school days, or 15 in total in the year (regulation 13(9)). Councils must arrange suitable education for children out of school because of illness, exclusion or other reasons who would not otherwise receive it (section 19).

DfE’s CME release (published 15 January 2026) counted 34,700 CME on census day in autumn 2025, 0.4% of children aged 5 to 16, down from 39,200 in autumn 2024, and estimates 143,500 were CME at some point in 2024/25. DfE warns the collection only became mandatory in autumn 2024, so changes may partly reflect better recording. The home education release counted 126,000 home-educated children on the same census day (1.5% of 5 to 16s), against 111,700 a year earlier. DfE’s absence release (autumn and spring 2025/26, published 15 October 2026) puts persistent absence at 17.50% of enrolments (1.27 million) and severe absence at 2.32% (168,000).

What are the legal duties of parents, schools and councils?

Three groups share the duty.

The 2024 regulations replaced the Education (Pupil Registration) (England) Regulations 2006 on 19 August 2024. Older guides still quote regulation 8 of the 2006 regulations, which was revoked for England, so check any template.

Section 444 applies where a child “who is a registered pupil” fails to attend regularly. A parent commits an offence (fine up to level 3), and one who knows and fails to act commits a more serious one (fine up to level 4, or up to three months’ imprisonment, or both). A first penalty notice is £160, or £80 if paid within 21 days. A child on no roll falls outside section 444, so the council’s route is the section 437 notice and, if needed, a school attendance order.

What must a school do when a pupil stops attending?

Schools must monitor attendance daily. For an unexplained absence the CME guidance says the school should “immediately make enquiries”. If a child may be in immediate danger or at risk of harm, refer to children’s social care, and the police if appropriate.

If enquiries lead the school to believe the child will not return, and the parent has not given written notice of a new school or of education otherwise than at school, the school should refer to the home council’s CME team “as soon as possible”, and keep making enquiries with the council until both agree they are finished. Joint enquiries can include calling the parent, asking siblings’ schools and agencies involved with the family, speaking to landlords, checking DfE’s School to School (S2S) and Get Information About a Pupil systems, and home visits after risk assessment. They should be proportionate to the risk.

Schools also send “attendance returns”. Under regulation 13(7) these list pupils who have failed to attend regularly, and pupils absent for at least ten continuous school days recorded only with codes G (holiday without leave), N (reason not yet established), O (other circumstances) or U (absent at registration but arrived later). The school and council agree how often.

When can a school take a pupil off the roll, and what must it tell the council?

Only when a ground in regulation 9 is fully met. Then the name must be deleted. The attendance guidance (paragraphs 222 to 225) says a name must not be removed for any other reason, doing so could be off-rolling, and a school cannot delete retrospectively. The grounds most relevant to CME are below (letters from regulation 9(1)).

When a name is deleted, regulation 13(4) requires a “deletion return” to the council giving the pupil’s name and address, the name and address of any parent they normally live with, an emergency telephone number and the regulation 9 ground used. The guidance adds any future address and new school. The regulation sets no number of days, so make the return when the name is deleted. It does not apply to pupils leaving at the end of the final year (such as Year 6) unless the council asks. A “new pupil return” is due by the end of the fifth day after a name is added outside standard transition points.

Why is a child missing education a safeguarding concern?

The official guidance treats absence as a signal. Keeping children safe in education 2026 (KCSIE, in force from 1 September 2026) says in paragraph 221 that prolonged or repeated absence “can act as a vital warning sign” of issues including neglect and child sexual and criminal exploitation, particularly county lines. Annex A (“Children who are absent from education”) adds possible links to mental health problems, substance abuse, travelling to conflict zones, female genital mutilation (see our FGM reporting duty guide), ‘honour’ or faith-based abuse and forced marriage.

The CME guidance says a child not receiving suitable education “could be a possible indicator of neglect, abuse or exploitation”, or could itself be neglect in severe and sustained cases, and notes research linking regular absence with extra-familial harm, which our guide to contextual safeguarding explains. Working together to safeguard children 2026 (paragraph 133) says a school-age child who is not a registered pupil and not receiving suitable education at home “could be an indicator of neglect, abuse, or exploitation”. Paragraph 141 lists a child who is “missing education” and a “privately fostered child” as separate groups who may need Family Help. They are separate risks, so being out of school is not proof of private fostering.

Two practical points follow. KCSIE paragraphs 218 and 219 say councils should share the fact that a child has a social worker, and that this should inform responses such as to unauthorised absence or CME where there are known risks. Paragraph 123 says school policies should include arrangements for children absent from education, which belongs in the safeguarding policy. Where absence is just starting, early help may be the right response.

Is home education legal, and what can a council do about it?

Yes. The DfE guidance for local authorities (April 2019; page updated 19 August 2024 for the new attendance regulations) says parents have a right to educate at home and most do it well. Education need not include particular subjects, follow the National Curriculum, include exams or follow the school day (paragraph 2.4), and there is no legal duty on parents to tell the council (paragraph 4.1). A school that deletes a name for home education must tell the council.

The council’s powers are real but limited. Where it is unclear whether education is suitable, the council should start with informal enquiries (paragraph 6.4). Parents need not respond, but if they give no information the council can normally conclude the education does not appear suitable (6.5). They need not agree to the council seeing the child, although refusal can in some circumstances justify a section 437(1) notice (6.6), and councils have no right of entry to the home (8.7). The notice gives at least 15 days, after which the council can serve a school attendance order if it considers it expedient that the child attends school.

Safeguarding sits alongside this. The guidance says there is “no proven correlation between home education and safeguarding risk”, but a child at home may not be seen regularly by professionals (paragraph 7.3). Unsuitable education can meet the significant harm threshold, and the council should consider section 47 enquiries (7.5 to 7.8). KCSIE paragraph 224 recommends a coordinated meeting with parents before a final decision to withdraw, especially for a child with special educational needs, a disability or a social worker. Working Together 2026 (paragraph 133) says information about home-educated children should be shared with councils, including police Operation Encompass notifications.

What is changing under the Children’s Wellbeing and Schools Act 2026?

The Children’s Wellbeing and Schools Act 2026 (2026 c. 21) became law on 29 April 2026. Sections 37 to 42, headed “Children not in school”, cover home education, registers and school attendance orders. As of 1 November 2026 their duties are not in force in England: under section 78 only the regulation-making powers started at Royal Assent, and the commencement regulations we found on legislation.gov.uk that day (S.I. 2026/551, 2026/803, 2026/933 and 2026/941) do not bring in sections 37 to 42. DfE’s letter to council home education teams of 30 April 2026 says the measures are “not yet in force”, implementation “will not be immediate”, and the 2019 guidance “remains current”. DfE will consult on draft statutory guidance and regulations.

When commenced, the Act will (summarised from section 37, section 38 and the DfE letter):

• Create registers. Each council must keep a register of eligible children not registered at a relevant school, including home-educated children. Parents must give information, including about the education provided, within 15 days or a prescribed period. Councils can also require some out-of-school education providers to give information.
• Require consent. Parents of some children, such as those subject to child protection processes now or in the past five years, or attending certain special schools, will need council consent to withdraw them. Regulations must stop the school deleting the name until the consent notice arrives. See our child protection conference guide.
• Pilot meetings and change orders. DfE must pilot mandatory meetings in selected councils, and the school attendance order process will change “to make it more efficient”.

In Wales the Welsh Government agreed in March 2026 that these measures should apply, but its page of 4 June 2026 says they are not in force and timing is for the next Welsh Government. Until commencement, follow the current law above.

What is off-rolling, and are informal exclusions lawful?

The CME guidance describes off-rolling, as Ofsted defines it, as a form of gaming: a school prevents a pupil attending normally, removes their name without a formal permanent exclusion, or encourages parents to remove the child for home education, in the school’s interests rather than the pupil’s. It calls this “unacceptable” even when parents agree. It is a route into CME because the child leaves the roll without a plan.

Informal or unofficial suspensions and permanent exclusions are unlawful, again whether or not parents agree. Schools must tell the council of every suspension or permanent exclusion without delay, and the council must arrange full-time education from the sixth school day of a permanent exclusion. KCSIE paragraph 18 also asks staff to be alert to the need for support where a child is repeatedly removed from class, has multiple suspensions or is on a part-time timetable.

What should a designated safeguarding lead do when a child stops attending?

This routine is our suggestion, built on the guidance above. Your DSL and deputy DSL should adapt it to local procedure.

1. Check for danger first. If a child may be in immediate danger, refer to children’s social care, call the police if appropriate, and follow your child protection policy.
2. Check what you know. Does the child have a social worker, a plan, special educational needs, an exclusion history or siblings elsewhere?
3. Follow up the same day. Call the parent and every emergency contact. KCSIE paragraph 126 encourages more than one emergency number where reasonably possible.
4. Involve the council. If the child is not returning and there is no written notice of a new school or home education, refer to the CME team as soon as possible and keep making joint enquiries.
5. Protect the roll. Delete a name only when a regulation 9 ground is fully met, never retrospectively.
6. Record and escalate. Note each enquiry and your reasoning. If enquiries raise welfare concerns, refer without waiting for the CME process to finish.

How should schools and councils share information about a child missing education?

The CME guidance calls information sharing “critical”, says to share as early as possible, and says the Data Protection Act 2018 and UK GDPR support sharing to keep children safe. Good practice from the guidance includes:

• Councils publish a CME web page with a named contact and agree referral response times.
• Use secure channels and the named person at the receiving council, not mass emails.
• Schools keep sharing updates after referring a child.
• Where whereabouts stay unknown, the council keeps the child on its CME list until all reasonable enquiries are exhausted.

What mistakes do schools and councils make with children missing education?

These are patterns the guidance warns against, not findings about any school.

• Deleting a name too early or after the event. Both breach the regulations.
• Treating CME as attendance only. The guidance also treats it as a safeguarding signal.
• Assuming every home-educated child is CME, or that none is. The test is suitability.
• Waiting for the council before acting on harm. Refer a safety concern at once.
• Using revoked rules. Older guides still cite the 2006 regulations.
• Not recording enquiries. Ofsted inspects councils on how they support CME.

How do the rules differ in Wales, Scotland and Northern Ireland?

The rules above are for England, and the DfE guidance applies to England only. Each nation has its own law and guidance, so follow your employer’s procedures.

What checklist helps when a pupil stops attending or leaves?

These checklists are our suggestions, not a legal form.

• Is anyone in immediate danger? If so, refer and call 999 as needed.
• Have we phoned the parent and every emergency contact today?
• Have we checked the file for a social worker, plan or known risks?
• Have we asked siblings’ schools and referred to the council’s CME team if the child is not returning?
• Before deleting a name: which regulation 9 ground applies, is every condition met, and did the council agree where joint enquiries are needed?
• If home education: do we hold the parent’s written notice with a date, and is there an education, health and care plan, a council-placed special school place or a school attendance order that changes the answer?
• Has the deletion return gone to the council, and have the records gone to the new school or S2S?

What training helps staff who deal with children missing education?

Three Nexis CPD courses build the knowledge behind this guide:

Together they cost £18 rather than £27 under the pay-for-2-get-3 offer, and employers training 5 or more staff pay £6 a course place on the team plan. These are awareness-level CPD courses, not regulated qualifications, and they do not replace your school’s or council’s safeguarding policy, attendance and CME procedures, or specialist training. Start with Safeguarding Children (Advanced) Level 2: 20 questions, 80% to pass, instant certificate.

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Frequently asked questions

Is a home-educated child a child missing education?

Not by itself. A child receiving suitable education otherwise than at school is not CME, nor is a home-educated child the council has not yet assessed. The child becomes CME if the education is assessed as unsuitable.

Can a school remove a pupil from the roll after 20 days of absence?

Only if every condition of regulation 9(1)(i) is met, including that the school and council have jointly made reasonable efforts to find the pupil. It cannot be used where support could reasonably bring the pupil back.

Does a school have to tell the council when a pupil leaves?

Yes. Regulation 13(4) requires a deletion return whenever a name is deleted, except for pupils leaving after the final year unless the council has asked for those returns.

Do parents have to tell the council they are home educating?

Not under the current guidance. The Children’s Wellbeing and Schools Act 2026 creates registers and an information duty, but at 1 November 2026 they are not in force. A school deleting a name for home education must tell the council.

Is a persistently absent pupil a child missing education?

No, not while on a school roll. But prolonged or repeated absence is a safeguarding warning sign, so tell your DSL.

Does an awareness course replace my school’s and council’s procedures?

No. Awareness CPD is not a regulated qualification. You must still follow your school’s child protection and attendance policies, the council’s CME procedure and any specialist training your role needs.

General information, not legal advice. If a child is in immediate danger, call 999. This guide reflects the Education Act 1996, the School Attendance (Pupil Registration) (England) Regulations 2024, the Children’s Wellbeing and Schools Act 2026, DfE statutory guidance on children missing education (updated 8 September 2025), Working together to improve school attendance (July 2026), Keeping children safe in education 2026, Working together to safeguard children 2026 and the sources named above, as checked on 1 November 2026. Law and commencement dates change, and Wales, Scotland and Northern Ireland differ. Nexis CPD courses are CPD-accredited awareness training, not regulated qualifications, and they do not replace your school’s or council’s safeguarding policy, local procedures or specialist training.