Home education in Scotland: the law in plain English

What does Scottish law actually say?

It says parents have a duty, and that duty can be met by school attendance or by providing an equivalent education at home.

Section 30 of the Education (Scotland) Act 1980 is the Scottish version of Section 7 of the English Education Act 1996. The phrasing is slightly different but the effect is similar: "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."

The phrase "or by other means" is what makes home education lawful in Scotland, and the rest of the framework sits around that phrase. "Efficient" and "suitable" are not defined in the Act; the working understanding is broadly the same as south of the border, that the education fits the child and prepares them for life.

How is Scotland different from England?

In one important way and several small ones.

The big difference is the consent process. In England, a parent removes a child from a state school by writing to the head teacher and the school is required to take the name off the register. In Scotland, Section 35 of the 1980 Act requires the council's consent before a child who has been attending a public (state) school can be withdrawn to be educated at home. This is a genuine legal requirement, not an administrative quirk, and a deregistration letter alone does not suffice.

The small differences: Scottish councils operate under Scottish Guidance on Home Education, published in 2007 and updated in 2008; Scottish home-educated children sit SQA qualifications (National 4 / 5, Highers) rather than GCSEs; the Curriculum for Excellence is not a legal requirement at home; and the Scottish Information Commissioner rather than the ICO handles subject-access questions.

When is council consent not required?

Three cases worth knowing.

First, if the child has never attended a state (public) school in Scotland. A child who has only ever been at a private school, or has been home-educated from the start of compulsory schooling, does not need consent to continue at home. Notify the council in writing as a courtesy; no consent application is required.

Second, if you are moving to a different council area. The consent requirement applies to withdrawing from a school in your current council; a move to a new council means the child is no longer on the first council's roll and you can begin home education in the new area without the first council's consent.

Third, if the child is at an independent (private) school. Section 35 applies to public schools; independent schools are outside its scope. Notify the school and the council in writing; no consent application is required.

For every other case (withdrawing from a state school in the council area you are staying in), consent is required. Applying for it is not usually difficult, but it is a step that cannot be skipped.

What does the consent application actually involve?

A short written application to the council (usually the education department or the home-education officer) setting out your intention to home educate, a brief outline of your educational approach and how you will meet your duty under Section 30. One to two pages is enough; longer is not required and can be counter-productive.

Schoolhouse, the Scottish home-ed charity, publishes a sample consent letter and will review a draft for free if you ask. Their advice line is the single most useful resource for any home-educating family in Scotland.

Councils vary in how they handle consent. Some are fast and approve in a fortnight; others take longer and ask follow-up questions. A polite, specific, short application is more likely to be approved quickly than a long philosophical one.

A real Scottish deregistration

A family we will call the MacRaes had their Year 5 child in a state primary in Fife. They emailed Schoolhouse for a consent template, adapted it for their child and sent a one-and-a-half-page application to Fife Council on a Monday. The council acknowledged receipt on the Wednesday, asked two follow-up questions about their rough weekly rhythm on the Friday and consented the following Tuesday, nine days after the initial application.

The child's name came off the school roll that week. A polite informal enquiry from the council's home-education officer arrived six weeks later, was answered in writing with a single-page account and the case closed.

This is the median Scottish experience. Most consents are granted within a fortnight to a month. The cases that go longer almost always have a specific complicating factor (a social worker already involved, a recently-issued Additional Support Plan, a school raising concerns to the council). Schoolhouse handles all of those situations routinely.

What about Additional Support Needs and Coordinated Support Plans?

Scotland's equivalent of the English EHCP is the Coordinated Support Plan (CSP), issued under the Education (Additional Support for Learning) (Scotland) Act 2004. A child with a CSP can still be home educated; the consent process is the same, though the council may take longer to consider the application if the CSP specifies a named school placement.

The CSP itself does not disappear when home education begins. Review meetings continue; specified support (speech and language therapy, occupational therapy) continues where it was available in the plan. IPSEA supports English families; in Scotland the equivalent is Enquire (enquire.org.uk), the national advice service for additional support for learning.

This article is information, not legal advice. If the council refuses consent, raises safeguarding concerns or disputes a Coordinated Support Plan, ring Schoolhouse or contact a Scottish solicitor.