Office of Public Sector Information

F128JRequirement to provide information as to school education

(1)The Secretary of State may make regulations requiring education authorities, boards of management and managers of grant-aided schools to provide to prescribed persons such information or documents or categories of information or documents relating to school education as may be prescribed.

(2)Information or documents provided in pursuance of regulations made under subsection (1) above shall be provided—

(a)in such form and manner; and

(b)on such occasions,

as may be prescribed.

F128K Information as to pupils

(1)The Secretary of State may by regulations make provision requiring that such information and reports as may be prescribed as regards pupils attending schools to which this section applies shall be supplied to the parents of such pupils at such times and in such form and manner as may be determined by or in accordance with the regulations.

(2)This section applies to any school which is not a grant-aided school, an independent school or a nursery school.

(3)Regulations made under this section may contain provision as to—

(a)the means of involvement of parents in consideration of such reports; and

(b)the extent to which any information relating to general standards of performance in examinations or other forms of assessment of any group of pupils shall be supplied to parents of other pupils.]

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of parents to provide education for their children

30 Duty of parents to provide education for their children

[F1(1)]It shall be the duty of the parent of every child of school age to provide efficient education for him suitable to his age, ability and aptitude either by causing him to attend a public school regularly or by other means.

[F2(2)Section 1 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (right of child to be provided with school education by, or by virtue of arrangements made by, an education authority) is without prejudice to the choice afforded a parent by subsection (1) above.]

31 School age

Subject to sections 32(3) and 33(2) and (4) of this Act, a person is of school age if he has attained the age of five years and has not attained the age of sixteen years.

32 Dates for commencement of school attendance

(1)Subject to subsection (7) below, an education authority shall fix a date or dates (any such fixed date being hereinafter referred to as a “school commencement date”) for the commencement of attendance at primary schools in their area; and any such date may be either a calendar date or fixed by reference to the occurrence of a particular annual event.

(2)Subject to subsection (7) below, an education authority may, under subsection (1) above—

(a)fix different school commencement dates for different primary schools in their area;

(b)at any time fix a different school commencement date in substitution for any date previously fixed by them under the said subsection (1).

(3)A child who does not attain the age of five years on a school commencement date shall, for the purposes of section 31 of this Act, be deemed not to have attained that age until the school commencement date next following the fifth anniversary of his birth.

(4)Subject to subsection (7) below, an education authority shall, in respect of each school commencement date fixed by them under subsection (1) above and applicable to a public primary school, fix the latest following date (any such fixed date being hereinafter referred to as an “appropriate latest date”) on or before which a child must attain the age of five years in order to come within the category of children whom the authority consider of sufficient age to commence attendance at a public primary school at that school commencement date.

(5)Subject to subsection (7) below, an education authority may, under subsection (4) above—

(a)where a school commencement date is applicable to more than one public primary school in their area, fix in respect of that school commencement date different appropriate latest dates for those different schools;

(b)at any time fix a different appropriate latest date in substitution for any date previously fixed by them under the said subsection (4).

(6)The education authority shall carry out their duty under section 1 of this Act as if a child who is under school age on a school commencement date, but who will attain the age of five years on or before the next following appropriate latest date fixed in respect of the school commencement date, has attained the age of five years on the school commencement date; but nothing in this subsection or in subsection (4) above shall, in respect of a child under school age,—

(a)impose any duty on his parent; or

(b)require an education authority to take any action under section 36 or 37 of this Act.

(7)The period between an appropriate latest date applicable to a school and the next following school commencement date applicable to that school (whether or not the school commencement date is that in respect of which the appropriate latest date is fixed) shall not, except with the approval of the Secretary of State on an application to him by the education authority, exceed six months by more than seven days:

(8)In relation to any child, “school commencement date”—

(a)in subsection (3) above—

(i)means, where the child is a pupil in attendance at a primary school, a school commencement date of that school;

(ii)in any other case has the same meaning as in subsection (6) above;

(b)in subsection (6) above means a school commencement date of the public primary school to which a child of his religious denomination and from his place of residence would normally be admitted.

(9)In this section, “primary school” does not include a nursery school or a nursery class.

33 School leaving dates

(1)The last day of May (hereinafter referred to as the “summer leaving date”) and the appropriate day in December (hereinafter referred to as the “winter leaving date”) shall be the school leaving dates in each year.

(2)Subject to subsection (4) below, for the purposes of section 31 of this Act a person shall, if the date of his attaining the age of sixteen years is—

(a)on or after 1st March but before the next summer leaving date, be deemed not to have attained that age until the summer leaving date;

(b)after the summer leaving date but before 1st October next following that date, be deemed to have attained that age on the summer leaving date;

(c)on or after 1st October but before the next winter leaving date, be deemed not to have attained that age until the winter leaving date;

(d)after the winter leaving date but before 1st March next following that date, be deemed to have attained that age on the winter leaving date.

(3)In subsection (1) above, “the appropriate day in December” means—

(a)in the case of a person who is a pupil in attendance at a school, the first day of the Christmas holiday period;

(b)in any other case, 21st December,

and in paragraph (a) of this subsection, “Christmas holiday period” means a period of consecutive days which includes 25th December and in which the school does not meet for the purpose of providing school education.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

34 Exemption from school attendance

(1)Where after due inquiry an education authority are satisfied that by reason of any circumstances existing at his home it would cause exceptional hardship to require a child over fourteen years of age to attend school, they may grant exemption from the obligation to attend school to enable the said child to give assistance at home upon such conditions, if any, as to the amount and manner of further attendance at school until the child reaches the upper limit of the school age as the authority think fit.

(2)No exemption granted under subsection (1) above shall extend beyond the date for commencing school attendance next following the date upon which the exemption was granted:

(3)An exemption granted under this section shall exempt the parent of the child concerned from any prosecution or other proceeding under this Act for neglecting to provide for the education of the said child.

(4)The education authority shall keep a register of exemptions granted under this section wherein shall be entered the name of each child so exempted and a statement of the circumstances in which and the conditions upon which such exemption was granted.

Failure of parents to provide education for their children

35 Failure by parent to secure regular attendance by his child at a public school

(1)Where a child of school age who has attended a public school on one or more occasions fails without reasonable excuse to attend regularly at the said school, then, unless the education authority have consented to the withdrawal of the child from the school (which consent shall not be unreasonably withheld), his parent shall be guilty of an offence against this section.

(2)For the purposes of this section, a child who has been required to discontinue for any period his attendance at a school on account of his parent’s refusal or failure to comply with the rules, regulations or disciplinary requirements of the school, shall, unless the court otherwise determines, be deemed to have failed without reasonable excuse to attend regularly at the school.

36 Power of education authority in relation to irregular attendance of child at a public school

(1)It shall be the duty of the education authority if they consider that a parent has committed an offence against section 35 of this Act in respect of a child resident in their area, to serve a notice on the parent requiring him, within such time as may be specified in the notice (not being less than forty-eight hours or more than seven days from the service thereof) to appear (with or without the child) before the authority and explain the reason for the absence of the child from school. If the parent fails to satisfy the authority that he had a reasonable excuse, the authority may

[F1(a)]instruct that he be prosecuted forthwith under section 43 of this Act, [F2in the court of summary jurisdiction in which proceedings may be taken for the offence, not being the district court; or

(b)report the circumstances to the procurator fiscal or] warn the parent and postpone for a period not exceeding six weeks a decision as to whether [F3so to report].

(2)Where an education authority in the exercise of the powers conferred upon them by subsection (1) above postpone a decision as to whether to prosecute a parent, they may, if the child is still of school age, make an attendance order in respect of the child in accordance with the provisions of section 38 of this Act requiring the parent to cause the child to attend the public school which he has been attending, or, if the child has changed his residence, a school attended by children residing in the same neighbourhood as the child.

(3)Without prejudice to the institution of proceedings for an offence against section 35 of this Act or the exercise of the power conferred by section 44(1) of this Act, where a child of school age has failed to attend a public school regularly, the education authority [F4, where no requirement arises under section 53(1) of the Children (Scotland) Act 1995 to give information about the child to the Principal Reporter, may under this subsection provide the Principal Reporter with such information.]

37 Power of education authority where not satisfied that parent is providing efficient education for his child

(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.

(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 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.

Attendance orders

38 Making of attendance orders

(1)References in sections 36 and 37 of this Act, and in the following provisions of this Act, to an attendance order in respect of a child are references to an order in writing requiring the parent of the child to cause the child to attend a school named in the order, being either a public school, or a school (other than a public school) the managers of which are willing to receive the child.

(2)In an attendance order in respect of a child—

(a)a school at which the parent will be required to pay fees shall not be named except at the request of the parent; and

[F1(b)a special school shall not be named unless the child is a recorded child.]

(3)Before making an attendance order under section 36 or 37 of this Act, the education authority shall consider any views expressed by the parent as to the school which he desires his child to attend.

(4)The authority shall cause a copy of any attendance order made by them under section 36 or 37 of this Act to be served upon the parent, and it shall thereupon be the duty of the parent, subject to an appeal to the sheriff under subsection (5) below, to cause the child to attend regularly at the school named in the order.

(5)A parent aggrieved by the making of an attendance order by an education authority may within fourteen days after the date upon which a copy of the order was served upon him under subsection (4) above appeal against it to the sheriff, who may confirm, vary or annul the order and whose decision shall be final.

39 Amendment and revocation of attendance orders

(1)An education authority who have made an attendance order in respect of any child may at any time while the order is in force serve upon the parent of the said child a notice of their intention to amend the order by substituting the name of another school for that named in the order.

(2)Where a child in respect of whom an attendance order is in force moves his residence, the education authority of the area to which the child has moved may serve upon the parent of the said child a notice of their intention to amend that order by substituting for the name of the school appearing in the order the name of a school attended by children residing in the same neighbourhood as the child.

(3)The parent may within fourteen days of the service of a notice under subsection (1) or (2) above intimate in writing to the authority any objections he may have to the proposed amendment. After the expiry of the said period of fourteen days and after considering any objections made by the parent, the authority may amend the attendance order, and subsections (2), (4) and (5) of section 38 of this Act shall apply in the case of the amended attendance order as they apply in the case of an attendance order.

(4)If at any time while an attendance order is in force with respect to any child the parent of the child makes application to the authority by whom the order was made or amended requesting—

(a)that another school be substituted for that named in the order, or

(b)that the order be revoked on the ground that arrangements have been made for the child to receive efficient education suitable to his age, ability and aptitude at a school other than that named in the order or elsewhere than at school,

the authority shall amend or revoke the order in compliance with the request unless they are of opinion that the proposed change of school is unreasonable or inexpedient in the interests of the child, or that the arrangements made for the education of the child at a school other than that named in the order or elsewhere than at school are not satisfactory, as the case may be; and, if a parent is aggrieved by a failure of the authority to reach a decision upon his application within one month after the date thereof or by refusal of the authority to comply with any such request, he may appeal to the sheriff, who shall give such direction as he thinks fit.

40 Period of operation of attendance orders

An attendance order made in respect of any child shall, subject to any amendment thereof made by an education authority or variation made by the sheriff, and unless revoked by an authority or annulled by the sheriff, continue in force so long as the child is of school age:

41 Failure to comply with attendance order

Where an attendance order has been made and is in force in respect of any child, and a copy of such order has been served on the parent of the child, the parent shall, if the order is not complied with, be guilty of an offence against this section unless he satisfies the court that he has a reasonable excuse.

Reasonable Excuses

42 Reasonable excuses

(1)For the purposes of sections 35, 36, 37, 41 and 44 of this Act, there shall [F1, subject to subsection (1A) below,] be deemed to be a reasonable excuse if—

(a)there is within walking distance of the child’s home measured by the nearest available route no public or other school the managers of which are willing to receive the child and to provide him with free education, and either—

(i)no arrangements have been made by the education authority under section 50 or 51 of this Act with regard to the child; or

(ii)any arrangements so made are such as to require the child to walk more than walking distance in the course of any journey between his home and school; or

(b)the child has been prevented by sickness from attending school or receiving education as the case may be; or

(c)there are other circumstances which in the opinion of the education authority or the court afford a reasonable excuse.

[F2(1A)Subsection (1) above shall not apply in a case where—

(a)the education authority have, in accordance with their arrangements as published or otherwise made available under section 28B(1)(a) of this Act, proposed to place the child in a particular school or in one of a number of schools named by them and, where the particular or named school is more than walking distance from the pupil’s home measured by the nearest available route, they have offered to make for him suitable arrangements of the kind referred to in section 50 or 51 of this Act under which he would not require to walk more than walking distance, so measured, in the course of any journey between his home and the school; but

(b)in consequence of a placing request, the child has been placed by them in a school other than a school referred to in paragraph (a) above,

and in such a case, for the purposes of sections 35, 36, 37, 41 and 44 of this Act, there shall be deemed to be a reasonable excuse if—

(i)the child has been prevented by sickness from attending school or receiving education as the case may be; or

(ii)there are other circumstances which in the opinion of the education authority or the court afford a reasonable excuse.]

(2)The fact that an application to an education authority, or an appeal to the sheriff, has been made under section 39(4) of this Act in relation to an attendance order in respect of a child shall not be deemed to be a reasonable excuse for failure to cause the child to attend regularly at the school named in the order.

(3)Where a parent alleges that his child has been prevented by sickness from attending school or receiving education as the case may be, the parent shall, if required by the education authority, permit a medical officer of the appropriate Health Board to examine the child, and any parent who fails to do so shall be guilty of an offence against this section.

(4)In this section—

• “walking distance” means, in the case of a child who has not attained the age of eight years, two miles, and in the case of any other child, three miles;

• “the appropriate Health Board”, in relation to any child, means—

  (a)

  where an attendance order is in force in respect of the child, the Health Board in whose area the school named in the order is situated;

  (b)

  in any other case, the Health Board in whose area the place of residence of the child is situated.

Prosecutions

43 Prosecutions and penalties

(1)Any person guilty of an offence against section 35, 41 or 42 of this Act shall be liable, on conviction by a court of summary jurisdiction, [F1to a fine not exceeding level 3 on the standard scale] or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(2)Proceedings under this section [F2, other than in the district court,] may be taken at the instance either of the public prosecutor of the court of summary jurisdiction in which the proceedings are to be taken or of another person authorised by the education authority to institute proceedings on their behalf.

44 Powers of Courts in relation to child

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)If the court before which a prosecution is brought for an offence against section 35 of this Act is satisfied that a child has failed without reasonable excuse to attend regularly at school, but does not, in the exercise of the powers conferred upon it by [F2section 54(1) of the Children (Scotland) Act 1995, refer the matter to the Principal Reporter], the court may, if the child is still of school age, make an attendance order in respect of the child requiring the parent to cause the child to attend the public school which he has been attending or, if the child has changed his residence, a school attended by children residing in the same neighbourhood as the child; and subsections (2) and (3) of section 38 and sections 39 to 41 of this Act shall apply with any necessary modifications to an attendance order made by a court under this section as they apply to an attendance order made by an education authority.

45—48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

[F1 Corporal Punishment

F148A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Provision to assist pupils to take advantage of educational facilities

49 Power of education authorities to assist persons to take advantage of educational facilities

(1)Subject to the following provisions of this section, an education authority shall have power to grant, on such conditions as may be prescribed, and make payments in pursuance of, bursaries, scholarships or other allowances to persons over school age attending courses of full-time or part-time education (whether held in Scotland or elsewhere) which are not courses of school education or (in the case of courses held outside Scotland) are not courses of education comparable to school education in Scotland.

(2)Subject to the following provisions of this section, an education authority shall have power, for the purpose of enabling persons to take advantage without hardship to themselves or their parents of the facilities for school education available to them, to grant, on such conditions as may be prescribed, and make payments in pursuance of, allowances for the purpose of defraying in whole or in part—

(a)such expenses of persons attending any school as may be expedient to enable them to take full part in the activities of the school;

(b)the fees and expenses payable in respect of persons attending schools at which fees are payable;

(c)the maintenance expenses of persons over school age who are attending schools.