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Home education in Scotland

Scotland has its own law and its own 2025 guidance. One big difference: a child who attends a council school needs the council’s consent before they can be home educated.

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The new UK law doesn’t apply here. The home education parts of the Children’s Wellbeing and Schools Act 2026 cover England and Wales only.

Your duty as a parent

Section 30 of the Education (Scotland) Act 1980 says parents must provide efficient education suitable to their child’s age, ability and aptitude – by sending them to a public school regularly “or by other means”. Home education is one of those other means.

Do you need consent?

Yes, if your child has been attending a public (council-run) school. You must ask the council’s consent before you withdraw them (section 35). The council must not refuse consent unreasonably. Until it agrees, your child stays on the school roll, so plan for them to keep attending.

No, if your child:

  • has never attended a public school, or never attended one in that council’s area;
  • is leaving an independent (private) school;
  • is not yet of school age;
  • has finished primary school but not started secondary school; or
  • attended a school that has closed.

Even when consent isn’t needed, the guidance strongly encourages you to let the council know you are home educating. This isn’t a legal duty.

Asking for consent

  • Write to the council as early as you can. Use our request for consent template – some councils have their own form, so check your council’s page.
  • You don’t have to give a reason. Include your first ideas on how you’ll provide a suitable education – they can be incomplete. The council may look at things like your approach and resources, how your child’s views will be heard, time with others and physical activity.
  • Your child doesn’t have to give an opinion if they don’t want to.
  • The council should aim to decide within 6 weeks, and keep you informed if it takes longer.

If consent is refused

The council must give its reasons in writing. You can deal with them and apply again. There is no statutory right of appeal, but you can ask for an internal review, then use the council’s complaints procedure and the Scottish Public Services Ombudsman. Judicial review is also possible.

Going back to school

You don’t need consent to send your child to school. Contact the council or your catchment school, or make a placing request for another school. See going back to school in Scotland.

Flexi-schooling and exams

  • Part-time schooling is decided case by case by the council and the school. There is no right to it.
  • No exams are required by law. SQA qualifications are taken through an approved centre or college, often for a fee. Some courses have internal assessment, which can limit options – ask the centre early. More on exams.

Official sources

Last checked against these sources: 25 October 2026.

General information, not legal advice. This page sums up the official guidance in our own words. Rules differ between England, Wales, Scotland and Northern Ireland and can change. Check the official sources and your council’s own guidance, and get qualified advice for your situation. Classfern is not affiliated with or endorsed by the Department for Education, the Welsh Government, the Scottish Government, the Education Authority or any council. Official guidance is used under the Open Government Licence v3.0.

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