education is compulsory

Information relevant to the legalities of home education in Scotland may be found in the Education (Scotland) Act 1980 and the Standards in Scotland's Schools etc Act 2001.

Guidance on home education to parents and local authorities was published by the Scottish Government in January 2008.

The legislative position is set out in Part 2 of the Guidance:

2. Legislative position

This section sets out the legislation relevant to home education. It covers the statutory nature of this guidance, a child's right to an education, the parent's responsibility for providing that education, the need for consent to withdraw from a public school, and a local authority's responsibility to satisfy itself that suitable and efficient education is being provided. It also provides references to case law and international law that are of relevance to home education. Most of the topics covered are expanded upon in later sections of this guidance.

2.1 This guidance

Standards in Scotland's Schools etc Act 2000 - Section 14

Guidance to education authorities as to home education. The Scottish Ministers may issue guidance as to the circumstances in which parents may choose to educate their children at home; and education authorities shall have regard to any such guidance.

This guidance is issued under Section 14 of the Standards in Scotland's Schools etc Act 2000. This means that education authorities must have regard to the guidance.

2.2 The right to an education

Standards in Scotland's Schools etc Act 2000 - Sections 1 and 2

• 1. It shall be the right of every child of school age to be provided with school education by, or by virtue of arrangements made, or entered into, by, an education authority.

• 2. (1) Where school education is provided to a child or young person by, or by virtue of arrangements made, or entered into, by, an education authority it shall be the duty of the authority to secure that the education is directed to the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential.

• 2. (2) In carrying out their duty under this section, an education authority shall have due regard, so far as is reasonably practicable, to the views (if there is a wish to express them) of the child or young person in decisions that significantly affect that child or young person, taking account of the child or young person's age and maturity.