Education (Scotland) Act 1980

[F1 14 Education for children unable to attend school etc. S

(1) If an education authority are satisfied that, by reason of—

(a) any extraordinary circumstances (not being circumstances mentioned in paragraph (b), or subsection (2) or (3), below)—

(i) a pupil is unable; or

(ii) it would be unreasonable to expect a pupil,

to attend a suitable educational establishment for the purpose of receiving education, they may;

(b) a pupil’s prolonged ill-health [F2 or a pupil’s being subject to any measures authorised by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or authorised, in consequence of the pupil’s mental disorder, by virtue of the Criminal Procedure (Scotland) Act 1995 (c. 46)]—

(i) the pupil is unable; or

(ii) it would be unreasonable to expect the pupil,

to attend such an establishment for that purpose, they shall, without undue delay after those circumstances become apparent to them, make special arrangements for the pupil to receive education elsewhere than at an educational establishment.

(2) If an education authority have, under section 34(1) of this Act, granted a pupil exemption from the obligation to attend school, the exemption being to enable the pupil to give assistance at home in circumstances arising out of the illness or infirmity of a member of the pupil’s family, they shall in so far as is practicable and without undue delay make such special arrangements as are mentioned in subsection (1) above.

(3) If a pupil withdraws, excluded by the education authority (or with the consent of the authority in circumstances where he would have been so excluded but for his withdrawal), from a public school in their area they shall, without undue delay—

(a) provide school education for him in a school managed by them;

(b) make arrangements for him to receive such education in any other school the managers of which are willing to receive him; or

(c) make such special arrangements as are mentioned in subsection (1) above.]

[F3 (4) Subsection (1) applies to a pupil who receives school education under arrangements entered into by an education authority under section 35 of the Standards in Scotland's Schools etc. Act 2000 (provision of school education by persons other than education authorities) as it applies to a pupil mentioned in that subsection, but as if—

(a) in paragraph (a), the reference to a suitable educational establishment for the purpose of receiving education were a reference to a place where early learning and childcare is provided for the purpose of receiving early learning and childcare,

(b) in paragraph (b), the reference to an establishment were a reference to a place, and

(c) the reference to education elsewhere than at an educational establishment were a reference to early learning and childcare at a place other than a place where such learning and childcare is normally provided.]

Textual Amendments

F1 S. 14 substituted (13.10.2000) by 2000 asp 6, s. 40; S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

F2 Words in s. 14(1)(b) inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 277(2), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)

F3 S. 14(4) inserted (1.1.2017) by Education (Scotland) Act 2016 (asp 8), ss. 20, 33(2); S.S.I. 2016/386, reg. 2, sch.

Modifications etc. (not altering text)

C1 S. 14 amended (13.10.2000) by 2000 asp 6, ss. 3(2)(3), 5(1); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

C2 S. 14 restricted (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 16 para. 9(1)(a) (with ss. 89, 90)