Local authorities have a duty under section 436A Education Act 1996 to make arrangements to identify children outside school who aren’t receiving education. 436A became law in February 2007. The current GOV.UK web page on Children Missing Education is here AND WAS LAST UPDATED IN SEPTEMBER 2025.
The Law
436A Duty to make arrangements to identify children not receiving education
(1) A local authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but —
(a) are not registered pupils at a school, and
(b) are not receiving suitable education otherwise than at a school.
(2) In exercising their functions under this section a local authority must have regard to any guidance given from time to time by the Secretary of State.
(3) In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.”
CME Guidance
Children Missing Education Statutory Guidance was first issued in 2007 and subsequently revised in 2009, 2013, 2015, 2016 and 2024. Each new version supersedes the last. https://www.gov.uk/government/publications/children-missing-education/children-missing-education-statutory-guidance-for-local-authorities-and-schools
CME guidance 2025 says: “CME includes children who are receiving elective home education (EHE) that has been assessed as unsuitable.”
CME guidance 2025 also says “Local authorities have a duty under section 436A of the 1996 Education Act to make arrangements to identify so far as possible children not registered at school in their areas who are not receiving a suitable education otherwise than at school (CME). Home educated children who are not known to the local authority, or whose parents have not responded to the local authority’s enquires about the education being provided to the child, could be at risk of being CME. If the local authority is unable to gather enough information on a home educated child’s education to judge that the education being received by the child is suitable, then this requires action under education law as outlined in the Department’s elective home education guidance for local authorities.”
Government home education guidance 2019 says “Until a local authority is satisfied that a home-educated child is receiving a suitable full-time education, then a child being educated at home is potentially in scope of this duty. The department’s children missing education statutory guidance for local authorities applies. However, this should not be taken as implying that it is the responsibility of parents under s.436A to ‘prove’ that education at home is suitable. A proportionate approach needs to be taken.” My page on the home education guidance is here.
Data Collection Guidance Definition
In Autumn 2022 the government began asking local authorities for “termly aggregate data returns on EHE [electively home educated] children and CME on a voluntary basis.” The latest children missing education numbers published in December 2024 can be found here https://explore-education-statistics.service.gov.uk/find-statistics/children-missing-education From March 2024 returns were mandatory under s29 of the Education Act 1996 ie a statutory requirement.
To ensure accurate numbers without double counting the government provides guidance on when to categorise as EHE [Elective Home Education] and when as Children Missing Education [CME] under section 436A. See also Data Collection and Validation Rules here
The data collection guidance says “CME does not include children who: Are receiving suitable EHE, or the local authority has not had an opportunity to assess whether they are receiving suitable EHE” [page 6] It goes on to say “CME does include children of compulsory school age who…Are receiving EHE, if this education is unsuitable“ [emphasis in original]. Section 436A (3) states that “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.”