Home education guidance

Section 1 Introduction

1.1 The primary audience of this guidance is the relevant local authority, however we expect that the guidance will also be a useful resource for parents/carers and all those supporting a home educated child or young person.

1.2 It is the duty of the parent^[1] of every school age child^[2] to provide their child with education, either by sending the child to school, or by other means. This guidance applies to home education provided by parents where the child does not attend school. It is issued under section 14 of the Standards in Scotland's Schools etc. Act 2000^[3] and must be read in conjunction with that Act and the Education (Scotland) Act 1980 (“the 1980 Act”)^[4]. Relevant legislation is set out in section 2 of this guidance.

1.3 The choice to provide home education is a legitimate choice, alongside the option of sending a child to school. However, in choosing to home educate, parents/carers should be clear on the implications of any decision to home educate – for example, in relation to additional support needs, or access to qualifications, as discussed later in this guidance. Each individual enquiry about home education, request to withdraw a child from school, or contact between a local authority and a home educating family should be dealt with by the local authority as fairly, consistently, timeously, transparently, and accurately as possible. It should uphold the rights of the child or young person and their family. Paragraph 3.11 of this guidance provides further details on the process to withdraw a child from school.

1.4 Every child has a right to an education and their views should be listened to when any decisions are made that will significantly affect them and their education. Article 28 of the United Nations Convention on the Rights of the Child (UNCRC) sets out the right of every child to an education and Article 12 sets out the right for every child and young person who is capable of forming his or her own views to express those views freely in all matters affecting them, with those views being given due weight in accordance with their age and maturity. Thus, a child or young person has the right to have their voice heard in relation to their education, should they wish to express their views. Consideration of these Articles forms the context for this guidance on home education issued to families and local authorities^[5]. A child’s rights based approach should be adopted in relation to home education. For further discussion of the UNCRC please see paragraphs 2.3 to 2.5 of this guidance.

1.5 The purpose of this guidance is to set out the relevant law, provide advice on the roles and responsibilities of local authorities and parents/carers in relation to children who are home educated, and to encourage local authorities and home educating parents to work together collaboratively to develop trust, mutual respect and a positive relationship that functions in the best interests of the child.

1.6 This revised version of the guidance will replace guidance from 2004 which was updated in 2007. It has been prepared following consultation with interested parties and aims to reflect the changes to education policy and legislation since the last iteration of the guidance.

1.7 The updated guidance aims to reflect the changes to education policy and legislation since 2007. This includes the Additional Support for Learning Act as amended 2009 and the Additional Support for Learning Review^[6] which made recommendations on ways to enhance implementation of additional support for learning legislation and policy. See paragraph 2.19 for more information on how the Review can inform the development of positive and mutually respectful relationships between local authorities and parents. In addition, in 2020 the Independent Care Review published The Promise^[7] which sets out Ministers' commitment to support shifts in policy, practice and culture so that Scotland can keep the promise it made to care experienced infants, children, young people, adults and their families – that every child grows up loved, safe and respected and able to reach their full potential.

1.8 The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (“the UNCRC Act”) was unanimously approved at Reconsideration Stage by Scottish Parliament on 7 December 2023 and received Royal Assent on 16 January 2024.^[8] This Act requires public authorities when exercising functions conferred by an Act of the Scottish Parliament to act compatibly with the UNCRC requirements as defined in the UNCRC Act^[9].

1.9 Functions carried out under Acts originating from an Act of the Scottish Parliament attract the duties of the Act but functions stemming from UK Acts are not in scope.^[10] It should be noted that the 1980 Act is an Act of the Westminster Parliament and so authorities’ functions and duties under the 1980 Act are not subject to the duties set out in the UNCRC Act. It is possible over time that functions currently out of scope of the Act will be extended in the event that the Scottish Government legislates for new Acts of the Scottish Parliament. The UNCRC Act also makes provision for Scottish Ministers to report on the actions to better or further effect the rights of children^[11] and the Scottish Government remains committed to encouraging a child’s rights based approach even where the duties of the Act do not apply.

1.10 This guidance does not apply to education being provided outwith school by local authorities. This guidance does not apply to "flexi-schooling", where a child attends school for some of the time, for example, on certain days or for certain subjects, and is educated elsewhere the remainder of the time. Flexi-schooling does not have any basis in Scottish education law but is an arrangement entered into between a local authority and a parent. It may be relevant to consider the duties that apply to local authorities to identify, provide for and review the additional support needs of children for whom they are responsible, under the Additional Support for Learning Act as amended in 2009. This may be a helpful route to further discussions in instances where a child or young person has an additional support need. This guidance is also not intended to extend to where a child is on a school roll and attending for part of the year but travels outwith the local authority at other times using means other than home education to maintain continuity in learning while travelling. Gypsy/Traveller families are one group who may fall within this category, and may benefit from the further resources and information available from the Scottish Traveller Education Programme (STEP)^[12] . Only where children are not being educated in a school environment, local authority or independent, and where the education is provided by parents/carers, should the arrangement be considered to be home education.

1.11 As a result of the Covid-19 pandemic, schools in Scotland moved to remote learning for all pupils (with some exceptions) for periods of national lockdown. For some families this opportunity to experience learning outside of the school environment prompted consideration of a move to home education. Whilst remote learning which is facilitated and provided by a school with additional support from a parent is very different to home education, it is noted that the home learning experience during Covid-19 lockdowns prompted a number of parents and families to consider choosing home education. In addition, it may have prompted some parents to reconsider their own engagement with their children's learning.