Home Education in Scotland: The Law, Consent to Withdraw and Council Contact

Home education in Scotland is a legal choice for any family, and parents do not need anyone's permission to home educate as such. The one point where consent comes in is withdrawal: a child who attends a local authority school can only be taken off the roll with the council's consent, which the council must not unreasonably withhold. The rules sit in the Education (Scotland) Act 1980 and the Scottish Government's home education guidance, and they differ in several ways from those in England, Wales and Northern Ireland. Below are the parent's duty, when consent is and is not needed, how to request it, what contact to expect from the council afterwards, and where support and qualifications fit in.

The parent's legal duty

Section 30 of the Education (Scotland) Act 1980 places the duty on 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". Home education is one of those other means. The Scottish Government's guidance describes it as a legitimate choice alongside school, and it says parents do not need any qualifications or training to home educate.

There is no legal definition of an efficient and suitable education. The guidance suggests characteristics a council might look for, and it notes that Scotland's national curriculum framework for ages 3 to 18 may be a useful reference. It also recognises that home education takes many forms, from a structured curriculum with a fixed timetable to much more informal learning.

When council consent is needed

Under section 35 of the 1980 Act, parents of a child who has been attending a public school must seek the council's consent before withdrawing the child from that school. The guidance lists the situations in which consent is not needed.

Where consent is not needed, there is no legal duty to tell the council about home education. The guidance strongly encourages families to do so anyway, since a working relationship with the council makes later contact easier and gives access to any support the council offers.

Featured tutors

Ellis A.

Master Tutor

Computer Science

I'm Head of Computer Science at a secondary school in Cornwall, where I lead staff CPD, after seven years in technology consulting. I teach GCSE and A-Level Computer Science, and I'm known for explaining the algorithms pupils find hardest in plain terms, little and often.

Enquire about this tutor

Michael M.

Master Tutor

EconomicsBusiness StudiesOxbridge Preparation

I taught Economics for nine years, latterly as Head of Economics at Winchester College, and I examine for AQA and Edexcel. I teach Economics and Business Studies to A-Level and prepare Oxbridge and UCAS applicants, working from Rosenshine's principles of direct instruction.

Enquire about this tutor

Michael O.

Master Tutor

MathsEconomicsPhysicsChemistry

I have a First in Economics from York and an MSc from UCL, and have tutored for seven years, including SEN students. I teach maths, economics, physics, chemistry and biology to GCSE, A-Level, IB and AP. I build strong foundations so advanced questions feel intuitive.

Enquire about this tutor

See all tutors

How to request consent to withdraw

The request is made in writing to the council, as early as possible and, where it is practicable, well before the date the family wants the child to leave school. A short letter usually works best: it states the intention to home educate, gives the child's name, date of birth and school, and gives some indication of the educational approach and resources the family plans to use.

The guidance suggests councils consider aspects of the proposed education such as:

• how it will prepare the child for life in modern society and help them reach their potential;
• how the child's views will be heard, if the child wishes to give them;
• the approach to home education, and how it takes account of the child's needs and aspirations;
• the resources and materials the child will use;
• opportunities to mix with other children and adults, and for physical activity.

A council can grant consent immediately where there are no reasonable grounds to withhold it and the family has given some indication of its aims and resources. The guidance says councils should aim to decide within six weeks of receiving the request, and most requests should be dealt with well within that time.

While the request is being considered

The child remains on the school roll until consent is given, so the family should keep in touch with the school. The guidance says that in most cases it would be inappropriate for a council to start or pursue attendance procedures while a family is waiting for a decision. Councils should also continue to provide any additional support the child receives at school during this period.

If consent is refused, the council must explain its reasons in writing, and the family should have a reasonable chance to address them and ask the council to reconsider.

Contact from the council after withdrawal

There is no statutory duty on councils to monitor home education in Scotland, and His Majesty's Inspectorate of Education has no remit to inspect it. The guidance strongly recommends a conversation between the council and the family at least once a year about the child's progress, with the child included if they wish, and suggests the council opens this contact in writing.

The guidance says councils should be able to discuss the education by other means than a visit to the home, such as a digital meeting, a meeting at an agreed location or a written report from the parent. Councils have a duty to act if they are not satisfied that a suitable education is being provided, and the guidance expects them to try to resolve concerns through dialogue first.

If concerns remain, section 37 of the 1980 Act allows the council to serve a notice requiring the parent to show that a suitable education is being provided, with 7 to 14 days to respond. If the parent does not satisfy the council, it can make an attendance order requiring the child to attend a named school.

Additional support needs

Under the Education (Additional Support for Learning) (Scotland) Act 2004, councils have duties to children and young people whose education they are responsible for. Once a child is withdrawn to home education, the guidance says the council does not have a legal duty to provide additional support, since the family has taken on full responsibility. Councils may still choose to offer support, and the guidance encourages families to ask what is available before deciding.

The guidance also says home education should not be a solution to a feeling that a child's needs are not being met at school, and it points families towards the routes for raising concerns about support. The home education with SEN page covers the position across the UK.

Support, resources and qualifications

Councils have no legal obligation to provide resources for home-educated children. The guidance encourages them to consider offering support such as access to school resources, signposting to free online curriculum resources, discounted rates for materials, use of community and sports facilities on the same basis as school pupils, and access to accredited centres to sit examinations where feasible.

Qualifications in Scotland are awarded through SQA, and home-educated young people who want National qualifications or Highers need a centre that will present them, and the guidance encourages councils to help with access to accredited centres where feasible. Some families choose GCSEs, IGCSEs or A-levels instead, sat as private candidates at exam centres that accept them. The exam centres for private candidates page explains how to find one.

Flexi-schooling in Scotland

The guidance does not cover flexi-schooling, where a child attends school part of the time. Flexi-schooling has no basis in Scottish education law and is a matter of agreement between the family and the school or council. The flexi-schooling guide explains how such arrangements work elsewhere in the UK.

Related guides

• Home schooling in the UK: the law, deregistration and how to start
• Home education in England
• Home education in Wales
• Home education in Northern Ireland
• Home education curriculum by age
• Home education resources

Tutoring for home-educated children with Taylor Tuition

Families in Scotland who home educate often bring in a tutor for the subjects a parent prefers not to teach, particularly once a child starts working towards qualifications. More than half of our tutors hold Qualified Teacher Status and around three in five hold a master's degree or doctorate, and tutors who work with children hold an enhanced DBS check, and most are registered on the DBS Update Service.

Sessions run online for families across the UK and internationally, and in person in central London. Fees start from £50 per 50-minute session and depend on tutor level and subject; there is no registration fee and the initial consultation is free.

Read more about our home education tutors, or send an enquiry and we reply with tutor recommendations.