Every child has a right to an education, and it is the duty of the parent of every school age child to provide that education, either by sending the child to school, or by other means.
Home education is a key aspect of parental choice and is an equally valid choice alongside the option to send a child to school. However, it is a choice which only a minority of parents make.
Under Section 35 of the Education (Scotland) Act 1980, parents of a child who has been attending a public school must seek the local authority's consent before withdrawing their child from that school, and the authority must not unreasonably withhold consent.
It should be noted that while consent is needed for withdrawal from school, consent is not needed to home educate in itself.
Consent is not needed in the following situations:
- The child has never attended a public school
- The child has never attended a public school in that authority's area
- The child is being withdrawn from an independent school
- The 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
Although there is no statutory duty upon parents to inform Falkirk Council that you are home educating if you do not require consent, we would prefer home educators in Falkirk, or moving into Falkirk, to contact us so that we can provide support and advice, if required.
If you wish to withdraw your child from a school they are already attending, please write to:
When writing to us you should include:
- how you will provide an efficient and suitable education for your child
- when home education is proposed to start
- what the child's views on home education are
On receipt of your request, we will use the information provided, along with information in our own Children's Services' records, to allow us to carry out the appropriate checks, in line with section 3.3 of the Scottish Government Home Education Guidance.
We aim to make a decision on most requests within 30 working days (excluding school holidays). Your child must attend school until we send you a letter with consent to withdraw.
We have no legal responsibility to provide parents with access to educational resources and activities if they are home educating.
If you are a parent and are thinking about home education, you may find it helpful to discuss your plans with us. Please contact 01324 506600 or email@example.com where you will be put in touch with ASN Adviser, Jenny McNeill.
Scottish Home Education Organisations
Other useful contacts