Home Education in Scotland: The Law, Consent and How to Start

Most home education guidance you find online is written for England, and Scotland works differently. The spirit is the same, families choosing to educate at home rather than at school, but the law is its own thing, and one detail catches Scottish parents out more than any other: consent.

Here is how home education actually works in Scotland, in plain English.

The law: education is the duty, school is just one way of meeting it

Under the Education (Scotland) Act 1980, the duty on a parent is to provide their child with an efficient education suitable to their age, ability and aptitude, either by sending them to a public school or by other means (section 30). Home education is one of those “other means”. It is a recognised, lawful choice, not a grey area.

What Scotland does not do is prescribe how. There is no legal requirement to follow Curriculum for Excellence, to keep school hours or terms, to teach particular subjects, or to sit National qualifications. Your duty is a suitable education for your child, and you decide what that looks like.

The bit that is different from England: consent to withdraw

This is the part worth reading twice. In England you deregister by writing to the school and the child is off roll. In Scotland, if your child is enrolled at a state school, you must ask the local authority for consent to withdraw them, under section 35 of the same Act.

That sounds more intimidating than it is. The council cannot unreasonably withhold consent. Scottish Government guidance is clear that consent should be granted unless there is a genuine, active child protection concern, or a history of domestic abuse in the household. Disliking home education, or being short-staffed, is not a lawful reason to refuse. In practice, for the overwhelming majority of families, consent is a formality, not a hurdle.

When you do not need consent at all

Consent is only about withdrawing from a state school. You do not need it if any of these apply:

• Your child has never attended a state school.
• Your child has never attended a state school in that council’s area.
• You are withdrawing from an independent (private) school.
• Your child has finished primary at one school and not yet started secondary at another.
• The school your child attended has closed.
• Your child is not yet of school age.

So a parent home educating from the start, or one moving to Scotland with a child who has never been in the Scottish state system, simply begins. No permission required.

What the council can and cannot do

Once you are home educating, the local authority may make informal enquiries to satisfy itself that a suitable education is being provided. That is reasonable and normal. What it does not have is an automatic right to enter your home or to inspect on demand. You can respond to enquiries in writing, share a summary of your approach, and set the terms of any contact. Many Scottish home educators do exactly that and never have a home visit.

How to start home educating in Scotland

The practical steps, depending on your situation:

• If your child has never been to a state school: you can simply begin. There is nothing to apply for.
• If your child is currently at a state school: write to the local authority requesting consent to withdraw for the purpose of home education. Keep it brief and factual. The council should respond within a reasonable time, and should grant consent unless a child protection reason genuinely applies.
• Either way: keep a light copy of your letters and their replies. It is rarely needed, but it is reassuring to have.

Beyond the legal starting point, the actual doing of home education is much the same wherever you are in the UK. Finding a rhythm, easing out of school mode, and choosing an approach that fits your child are universal. Our guide to home education approaches and styles and our overview of starting home education both apply just as well north of the border, with Scotland’s consent rule as the one thing to handle first. For the questions that come up again and again, our UK home education FAQ is a good next stop.