Home education guidance

Footnotes

1 The definition of a parent “includes guardian and any person who is liable to maintain or has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to, or has care of a child or young person” (see Education (Scotland) Act 1980 - section 135(1)).

2 A child is defined as being of school age (i.e. education must be being provided), broadly, if he or she has attained the age of 5 years but has not yet attained the age of 16 years. However, the exact rules surrounding school starting and leaving dates are complex and are set out in sections 32 and 33, respectively, of the Education (Scotland) Act 1980.

3 Standards in Scotland's Schools etc. Act 2000 (legislation.gov.uk)

4 Education (Scotland) Act 1980 (legislation.gov.uk)

5 The term "local authority" is used throughout this guidance. Where legislation is directly quoted the term “education authority” (defined in legislation as a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994) has been retained.

6 Review of additional support for learning implementation: report - gov.scot (www.gov.scot)

7 Home - The Promise

8 The provisions in the UNCRC Incorporation (Scotland) Act 2024 require public authorities in Scotland to deliver their duties in a way that is compatible with the UNCRC requirements, when their duties have been conferred under an Act of the Scottish Parliament. It should be noted that the Education (Scotland) Act 1980 is an Act of the UK Parliament in Westminster.

9 United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (legislation.gov.uk)

10 Explanatory notes for the UNCRC Act are being updated and will assist here.

11 Section 16(3(a) United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (legislation.gov.uk)

12STEP - Providing Flexible Learning for Travelling Communities (ed.ac.uk)

13 OHCHR | Convention on the Rights of the Child

14 The Scottish Schools (Parental Involvement) Act 2006 does not apply to parents who are home educating their child.

15 Children's rights in Scotland | Resource Themes | Education Scotland

16 Child Rights | The Rights of Children and Young People - CYPCS

17 Education (Scotland) Act 1980 (legislation.gov.uk)

18 Additional support for learning: statutory guidance 2017 - gov.scot (www.gov.scot))

19 Review of additional support for learning implementation: report - gov.scot (nrscotland.gov.uk)

20 Ibid

21 How can I resolve disagreements with the school or local authority? - Enquire

22 Reach - understand children's rights to education and support in Scotland

23 Additional support for learning: statutory guidance 2017 - gov.scot (www.gov.scot)

24 Scottish Mediation – Turning Disagreement into Opportunity

25 home-education-asl.pdf (enquire.org.uk)

26 Data Protection Act 2018 (legislation.gov.uk)

27 A guide to the data protection principles | ICO

28 A guide to individual rights | ICO

29 Home | SPSO

30 Supporting documents - National Guidance for Child Protection in Scotland 2021 - updated 2023 - gov.scot (www.gov.scot)

31 My Rights, My Say (myrightsmysay.scot)

32 Resources search | Resources | Education Scotland

33 Children's Rights and Wellbeing Impact Assessment guidance - gov.scot (www.gov.scot)

34 Getting it right for every child (GIRFEC) Practice Guidance 4 - Information sharing - gov.scot (www.gov.scot)

35 About Curriculum for Excellence | Curriculum for Excellence | Education Scotland

36 Home | Scottish Credit and Qualifications Framework (scqf.org.uk)

37 Publications - Scottish Funding Council (sfc.ac.uk)

38 Apply for or renew an Education Maintenance Allowance (EMA) - mygov.scot

39 Best Start Grant and Best Start Foods - mygov.scot

40 Scottish Child Payment - mygov.scot

41 Period Products (Free Provision) (Scotland) Act 2021: guidance – September 2021 - gov.scot (www.gov.scot)