Guide · For parents
Home education in Scotland: no register, and how consent to withdraw works
Scotland has no statutory register of home-educated children, and England's new register does not extend there. The main rule to know is different: if your child attends a council-run school, you need the council's consent to withdraw them.
Last checked 10 November 2026. This is general information, not legal advice. Enquire, the Scottish advice service for additional support for learning, publishes a factsheet on the process.
The law
The Education (Scotland) Act 1980 puts the duty to educate on parents. Section 35 requires the council's consent to withdraw a child from a public school. The council must not unreasonably withhold it.
Consent is to withdraw from school. You do not need consent to home educate as such.
When you do not need consent
Scottish Government guidance says no consent is needed if your child:
- has never attended a public school
- has never attended a public school in that council's area
- is being withdrawn from an independent school
- has finished primary and not yet started secondary
- attended a school that has closed
- is not yet of school age
The second point matters if you move to Scotland, or between Scottish council areas.
How to ask for consent
Write to the council asking for your child to be withdrawn from the school roll. Do it early. The guidance encourages a conversation first.
You do not have to give a reason, and your reason should not affect the decision. You do not need qualifications.
What the council looks at
An outline of your approach: resources, social contact, physical activity, and how your child's needs will be met. Your child can share their views and cannot be made to.
How long it takes
The council should aim to decide within six weeks, and most cases should be quicker. It can agree immediately where there are no reasonable grounds to refuse.
In most cases it would be inappropriate for the council to pursue attendance while you wait.
If the council refuses
It must give reasons in writing. You can address them and apply again. There is no statutory appeal. You can use the council's complaints process, the Scottish Public Services Ombudsman, or judicial review.
After you start
There is no duty on councils to monitor ongoing home education routinely, and no duty on you to register. The guidance encourages families to let the council know and to keep a working relationship.
Support
Councils have no legal duty to resource home education, including for children with additional support needs. Any support is at their discretion.
Will Scotland get a register?
Nothing in force creates one. The Scottish Government has said it will explore collecting high-level numbers. That is not a register.