Question reference: S5W-09457
- Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
- Date lodged: 1 June 2017
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Current status: Answered by John Swinney on 13 June 2017
Question
To ask the Scottish Government what guidance it provides to local authorities on procedures for parents or guardians to remove their children from primary school, other than submitting a placing request.
Answer
This question has been answered on the basis that the situation being referred to is the removal of a child from school for the purpose of providing alternative means of education.
It is the legal responsibility of every parent to provide efficient education to all of their children who are of school age. The education must be suitable to the child’s age, ability and aptitude and may be delivered either by sending the child to a public school or by other means. The other means would include home education.
If a parent wishes to withdraw their child from education being provided by their local authority, they must seek, in accordance with Section 35 of the Education (Scotland) Act 1980 (the 1980 Act), the authority’s consent before doing so. If a child has attended a local authority school and the parent requests to withdraw the child to home educate them it is the duty of the local authority to consider such requests and approval should not be unduly withheld. However consent by the local authority is not needed in a number of situations including if the child has never attended a public school in that authority’s area.
However, should the question relate to removal for unspecified reasons often referred to as an unauthorised absence you may find the Scottish Government publication Included, Engaged and Involved Part 1: attendance in Scottish schools provides guidance to schools and local authorities on how to promote engagement and motivation, including among those who may be at risk of poor attendance.
It is up to education authorities to decide what sanctions, if any, they will use if there is an unauthorised absence.