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Section 3 - Withdrawing a Child from School
3.1 The first point of contact between education authorities and home educators often occurs when parents decide to home educate and approach the authority to request consent to withdraw their child from school. It is important that this initial contact is constructive and positive.
Who needs consent?
3.2 Section 35 of the Education (Scotland) Act 1980 provides that parents of children who have attended a public school must seek the education authority's consent before withdrawing their child. Section 35 also provides that the education authority must not unreasonably withhold consent.
Education (Scotland) Act 1980 - Section 35
(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.
3.3 Parents are not required to seek the consent of the education authority in order to home educate their child if:
- their child has never attended a public school
- their child has never attended a public school in that authority's area
- their child is being withdrawn from an independent school
- their child has finished primary education in one school but has not started secondary education in another
- the school the child has been attending has closed.
In the last two cases parents may simply notify the authority that they intend to home educate.
3.4 Where parents apply to withdraw their child from school in order to make alternative educational provision such as educating him or her at home, the education authority should consider any views expressed by the child.
Why parents withdraw their child from school
3.5 Parents choose to educate their children at home for many different reasons. The reasons should have no bearing on whether or not consent is given, as the authority's interest lies in how the parents intend to educate their children not their reason for doing so. The following examples are common, but not exhaustive:
- Religious or cultural beliefs;
- Philosophical or ideological views;
- As a short term intervention for a particular reason;
- Dissatisfaction with the system;
- A child's reluctance to go to school.
3.6 When a parent offers an account of their dissatisfaction with the public system of education provision, the education authority may wish to use this information to improve their service.
Withdrawing the child
3.7 Procedures for considering parents' requests to withdraw their children from school should be fair, clear, consistent and without delay in order to provide a good foundation for the development of trusting relationships. The following sequence is suggested as good practice:
- Parents have a responsibility to inform the education authority that they wish to withdraw their child in order to educate them at home and to request the authority's consent. In order to avoid unsettling the child unnecessarily, parents should write to the education authority as early as possible and, where reasonably practical, in advance of the date that they wish to withdraw their child from school. They should also include initial proposals as to how they intend to provide an efficient education for their child. However, authorities should bear in mind that, in these early stages, parents' proposals may not be detailed and they may not yet be in a position to demonstrate some of the characteristics suggested in Section 5 of this guidance. The parents are not required to indicate the reasons for their decision, but may choose to do so.
- The authority should acknowledge the receipt of this notification and consider quickly whether there is any existing evidence, either in an authority's own records or from other services or agencies, indicating that there may be good reason to refuse consent. Previous irregular attendance is not of itself a sufficient reason for refusing consent. Specific instances where consent may not be able to be granted immediately include:
- where a child has been referred to social work or the police for child protection reasons, and the matter is being investigated;
- where a child is on the child protection register;
- where a child has been referred to the reporter on care and protection grounds, and the referral is being considered;
- where the child is the subject of a supervision requirement.
- If no such evidence exists, and parents have provided some indication of their educational objectives and proposed resources, consent can be granted immediately. If further enquiries need to be made, authorities should give an indication of the timescale in which they are likely to reach a decision
- If information exists casting doubt on whether an efficient education can be provided, the authority should seek to gather any relevant information that will assist them in reaching a decision. This should include seeking from the parents any further information that they wish to provide explaining how they intend to provide an efficient education. The parents should be given the opportunity to address any specific concerns that the authority has. The child should also be given the opportunity to attend a meeting or express his or her views in some other way.
- The application for consent should be processed as quickly as possible.
- In reaching a decision the authority may wish to have regard to the suggested characteristics of an efficient and suitable education set out in Section 5 of this document.
- The education authority may not unreasonably withhold consent. The authority should notify the parents in writing of their decision, setting out reasons and the grounds for refusal if consent is withheld.
- If consent is withheld, the parents should be given the opportunity, within a reasonably practicable period, to address the grounds for refusal and resubmit their request for reconsideration.
Appeals by parents against an education authority's decision
See Section 4.17 for further information on the routes of appeal available to parents.
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