Withdrawing a child from a state school
You should write to your local Director of Education stating that you intend to exercise your legal right to educate your child at home under section 30 of the Education (Scotland) Act 1980 and asking for the child’s name to be removed from the school roll as soon as possible (or stating a specific date if you have one in mind). You may also wish to send a copy of your letter to the school for information so that the Head Teacher is aware of your proposed course of action, but you are not required to do so.
In order to expedite the withdrawal process, you should also enclose with your formal request to the education authority an outline of the educational arrangements you are making (including a statement of your educational objectives and the learning resources you plan to use). This does not have to be complicated or very detailed but should give an indication of how you intend to proceed initially. You may find our checklist of questions helpful when you are preparing your outline of provision.
It may also be useful to mention the fact that you have been in touch with Schoolhouse which offers information and support to home educators in Scotland.
Always send any correspondence by recorded delivery and keep copies.
‘Reasonable Excuse’
As long as a child remains enrolled at a state school, a parent is legally obliged to ensure regular attendance unless he/she can show ‘reasonable excuse’.
If a child is physically ill, or is suffering extreme stress and anxiety as a result of school attendance, it should be possible to obtain a medical certificate to this effect, and this would constitute ‘reasonable excuse’ to keep the child at home pending consent for withdrawal (which should be granted within a reasonable timescale). In the meantime a parent should keep a record of what is being done to educate the child as the more supporting evidence there is, the easier it will be to satisfy the authority.
Some home educators argue that their actual provision of a suitable and efficient education at home would constitute a ‘reasonable excuse’, but in the case of any dispute regarding parental provision, the education authority might make a referral to the Children’s Reporter and/or seek a criminal prosecution in the Sheriff Court on the grounds that a child has failed to attend, or a parent has failed to secure regular attendance at, school. In such circumstances, families should seek expert legal advice without delay.
Schoolhouse strongly recommends that parents follow the correct procedures and obtain written consent from the education authority before removing their child from school.
