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    "Get to know your children again -without pressure of school and stress-stay in,go out, have fun, talk ..."

    Karina

    Tips from us

    Read our FAQ and the legal stuff. Knowing your rights is VERY important.

The Legal Bit – Scotland

The Legal Bit – Scotland

Communication with the Local Authorities in Scotland

The LA should, during the WITHDRAWAL  process send you a copy of its ‘information/guidelines for parents’  this should be based on the statutory guidance issued by the Scottish Government in January 2008. It is important to be aware of this guidance and what it means, it ensures that you know your rights and that you know whether the LA information is accurate and up to date, you can of course contact us if you are not sure.

LAs will often suggest a home visit or meeting to discuss your intention to Home Educate and to ask if you have considered the implications of Home Education, they will want to see that you are committed and thought this through.  You are legally not obliged to meet them, you can choose to provide information in a different form, e.g. a written report. The authority may also ask you for your reasons for wishing to Home Educate and your qualifications, you are not obliged to answer these questions.

LA  officers could ask inappropriate things like:  if you have any plans to send your child back to school in the future, what exam plans you have, they may ask about socialisation assuming your child will be isolated, also questions about where the child will ‘work’ etc could be asked. The LA may assume school at home will be recreated, this is not a legal requirement of Home Education. So to avoid these kind of questions we recommend keeping things in writing with the LA.

If you are aware of the guidelines, you can make an informed decision on how you wish contact to happen with the LA.  There are some SAMPLE LETTERS here and of course you can CONTACT US for support.

The Home Education Guidance

Scotland

Education (Scotland) Act 1980
Section 28
Pupils to be educated in accordance with the wishes of their parents.

(1)In the exercise and performance of their powers and duties under this Act, the Secretary of State and education authorities shall have regard to the general principle that, so far as is compatible with the provision of suitable instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parents.

Education (Scotland) Act 1980
Section 35
Failure by parent to secure regular attendance by his child at a public school.

(1)Where a child of school age who has attended a public school on one or more occasions fails without reasonable excuse to attend regularly at the said school, then, unless the education authority have consented to the withdrawal of the child from the school (which consent shall not be unreasonably withheld), his parent shall be guilty of an offence against this section.

Education (Scotland) Act 1980
Section 30
Duty of parents to provide education for their children.

[F124(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.

Education (Scotland) Act 1980
Section 37
Power of education authority where not satisfied that parent is providing efficient education for his child.

(1)Where a child of school age has not attended a public school in the area in which his parent is residing, or has attended such a school and has been withdrawn therefrom with the consent of, or excluded by, the education authority, then, if the authority are not satisfied that the parent is providing efficient education for him suitable to his age, ability and aptitude, it shall be the duty of the authority to serve a notice on the parent requiring him within such time as may be specified in the notice (not being less than seven or more than fourteen days from the service thereof) either—

(a)to appear (with or without the child) before the authority and give such information as the authority may require regarding the means, if any, he has adopted for providing education, or

(b)in the option of the parent, to give such information to the authority in writing.

(2)If a parent on whom a notice has been served in pursuance of subsection (1) above fails to satisfy the authority that he is providing efficient education for the child suitable to his age, ability and aptitude or that there is reasonable excuse for his failure to do so, the authority shall make an attendance order in respect of the child in accordance with the provisions of section 38 of this Act.

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