A summary of the law relating to home education in Scotland.

Parental Choice and Responsibilities

Section 14 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) provides for guidance to be issued ‘as to the circumstances in which parents may choose to educate their children at home’, and requires education authorities to ‘have regard to any such guidance’. This Statutory Guidance was issued on March 12, 2004. It can be found on the Scottish Executive website and on the EO website. The key statutory provisions relating to the rights and duties of parents in Scotland are contained in the Education (Scotland) Act 1980. These and other relevant statutes and conventions are laid out clearly and accurately at the start of the Statutory Guidance. They are:

• UN Convention on the Rights of the Child – Article 12
• UN Convention on the Rights of the Child – Article 28
• Standards in Scotland’s Schools Etc Act 2000 – Sections 1 and 2
• European Convention on Human Rights - Article 2 of Protocol 1
• Education (Scotland) Act 1980 - Section 30
• Education (Scotland) Act 1980 - Section 135 (1)
• Education (Scotland) Act 1980 - Section 28(1)
• Education (Scotland) Act 1980 - Section 35
• Education (Scotland) Act 1980 - Section 37(1)
• Education (Scotland) Act 1980 - Section 37(2)

The guidance was drawn up primarily to assist education authorities in the carrying out of their duties in compliance with statute and to improve the relationship between education authorities and home educators. It is the result of a lengthy consultation between the Scottish Executive and home educators, local authorities and others and the context it sets is one of encouraging cooperation between education authorities and home educators and of acknowledging diversity in the choices families make. It is strongly recommended that the Statutory Guidance is read alongside this summary of the law and parents’ practical guide.

The Guidance is to be reviewed by the Scottish Executive in Spring 2006 and they are happy to receive feedback during that time. (You can contact EO or the This e-mail address is being protected from spambots. You need JavaScript enabled to view it directly)

The general principle of parental choice is set out in s 28(1) of the 1980 Act:

The duty of the parent

The right to educate otherwise than at school is contained in s 30(1):

It shall be the duty of the parent of every child of school age to provide efficient education for him suitable to his age, ability and aptitude either by causing him to attend a public school regularly or by other means.

This means:

• If you have a school-age child, you must see that (s)he is educated.
• You can do this either by sending the child to a state school or by other means.
• In any case, the education provided must be efficient.
• It must also be suitable to the child’s age, ability and aptitude.

The main thing to note is how little the law says about your duty. Provided your child is not at school you are bound by no other constraints.

Although s 1 of the Standards in Scotland’s Schools etc. Act 2000 affirms the right of children to be provided with school education by education authorities, this has no bearing on the right to home education. The same Act (s 60 and Schedule 2, para 3(5)) amends the 1980 Act by the addition of s 30(2). This subsection explicitly states that the right to school education is without prejudice to the choice afforded a parent by s 30(1) of the 1980 Act.

The role of the education authority

Unless you are taking your child out of a state school (see below), you don’t have to tell the education authority you are educating ‘by other means’; but once they know about you they are entitled to investigate. Usually this should just be a matter of checking up informally on your arrangements.

Many people educate their children at home with the full cooperation of the education authority. But sometimes conflicts develop. The authority have a duty to take action if they are ‘not satisfied’ that you are educating your ‘school age’ child properly. The formal steps they should take are laid down in s 37-41 of the 1980 Act, summarised here for reference:

1. They serve you with a notice giving you at least a week to provide whatever information they ask for about your arrangements. You can choose whether to do this in person (with or without the child) or in writing.
2. If you fail to satisfy them either that you are educating properly or that you have ‘reasonable excuse’ for not doing, they must make an ‘attendance order’. But before they do this they must consider any views you have expressed about the school you want your child to go to.
3. They serve you with an attendance order requiring you to send your child to the school named in it.
4. Once the order is served, you have two weeks to appeal to the sheriff, who may confirm, vary or annul it.
5. You can ask the education authority to revoke the order because you have made alternative arrangements (including arrangements for home education). (Alternatively you can ask them to amend it by substituting another school which has agreed to accept your child.)
6. If they won’t do this, or if they fail to decide within a month, you can appeal to the sheriff.
7. If you don’t comply with the order you can be taken to court, but you won’t be guilty if you can show that you have a ‘reasonable excuse’. (Under s 44(1), whether it convicts you or not, if the court finds that there was irregular attendance without reasonable excuse it can refer the case to the local authority reporter. See below.)