Section 5 - 'Efficient' and'suitable' Education
5.1 The approach home educating parents take to assessing their child's progress is likely to be dictated by their own philosophy or views, and in many cases, the absence of formal assessment may be a feature of the education provision. Progress, over the long-term, may take a variety of forms.
5.2 The education authority should assume that efficient educational provision is taking place, which is suitable for the child, unless there is evidence to the contrary. If there is reason to believe that an efficient education is not being provided, the authority has a duty to intervene. This duty applies equally in relation to all children, regardless of whether or not they have previously attended a local authority school in the area.
Education (Scotland) Act 1980 - Section 37(1)
(1) Where a child of school age has not attended a public school in the area in which his parent is residing, or has attended such a school and has been withdrawn therefrom with the consent of, or excluded by, the education authority, then, if the authority are not satisfied that the parent is providing efficient education for him suitable to his age, ability and aptitude, it shall be the duty of the authority to serve a notice on the parent requiring him within such time as may be specified in the notice (not being less than seven or more than fourteen days from the service thereof) either -
(a) to appear (with or without the child) before the authority and give such information as the authority may require regarding the means, if any, he has adopted for providing education, or
(b) in the option of the parent, to give such information to the authority in writing.
Education (Scotland) Act 1980 - Section 37(2)
If a parent on whom a notice has been served in pursuance of subsection (1) above fails to satisfy the authority that he is providing efficient education for the child suitable to his age, ability and aptitude or that there is a reasonable excuse for his failure to do so, the authority shall make an attendance order in respect of the child in accordance with the provisions of section 38 of this Act.
5.3 There is no express requirement in the 1980 Act for education authorities to investigate actively whether or not parents are complying with their Section 30 duty (stated on page 3 of this guidance).
5.4 If, from whatever sources, the authority becomes aware of concerns about the home education of any child, they will need to gather the necessary information in order to form a view on whether those concerns are justified or whether the parents are providing an efficient education suitable to the age, ability and aptitude of the child. The guidance below applies to these situations.
Suggested characteristics of 'efficient' and 'suitable' education
5.5 In their consideration of parents' provision of education at home, education authorities may reasonably expect the provision to include the following characteristics:
- Consistent involvement of parents or other significant carers - it is expected that parents or significant carers would play a significant role, although not necessarily constantly or actively involved in providing education.
- Presence of a philosophy or ethos (not necessarily a recognised philosophy) - it is expected that the parents have thought through their reasons for home educating, showing signs of commitment and enthusiasm, and recognition of the child's needs, attitudes and aspirations.
- Opportunities for the child to be stimulated by their learning experiences.
- Involvement in activities - a broad spectrum of activities to cater for wide varieties of interests appropriate to the child's stage of development.
- Access to resources / materials required to meet the objectives of the parents - such as paper and pens, books and libraries, arts and crafts materials, physical activity, ICT and the opportunity to interact with other children and other adults.
5.6 If, on considering the educational provision, one or more of the characteristics listed above appear to be lacking, the authority may choose to further investigate whether or not an efficient education is being provided. A full written report on their findings should be made and copied to the parents promptly, specifying the grounds for concern and any reasons for concluding that provision is unsuitable. If the authority is not satisfied that efficient education is being provided, and the parents, having been given a reasonable opportunity to improve their provision and report back to the education authority, have not done so, the authority should activate the formal attendance procedure in accordance with the provisions in Section 37 of the 1980 Act.
Exceptional circumstances
5.7 Where there is conflicting evidence as to the characteristics under Section 5.5 and the only way the authority can clarify these contradictions is to seek access to the home environment, then they may do so. However, the authority must have demonstrable grounds for concern and must outline those grounds to the parents when requesting access to their home. If the parents refuse to allow access to their home, the authority might reasonably conclude in these circumstances that they have insufficient information to satisfy themselves as to the efficiency of the parents' education provision, and consequently serve a notice on the parent under Section 37 of the 1980 Act.
Making an attendance order
5.8 Parents' wishes to educate their children at home should be respected and, where possible, effort should be made to resolve issues about provision by a process of ongoing dialogue before Section 37 is invoked. Only in extreme cases, where the education is clearly not efficient and suited to the age, ability and aptitude of the child, should notice be served.
5.9 Under Section 37, notice will allow between seven and fourteen days for the parent to provide the education authority with whatever information they require to satisfy themselves about the suitability of the education. The parent may choose to do this by meeting with the authority in person, or by supplying the information in writing. Where the parent, on whom notice has been served, fails to satisfy the authority that efficient education is being provided, suitable to the age, ability and aptitude of the child, or that there is reasonable excuse for his or her failure to do so, the authority shall make an attendance order.
5.10 Once an attendance order has been served, the parent has two weeks to appeal to the sheriff, who may confirm, change, or annul it.