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The Great British Homework Debate 2024 – Is It Necessary At Primary School?

Alexander Athienitis

The homework debate is never much out of the news. Should homework be banned? Is homework at primary school a waste of time? Do our children get too much homework?

Not long ago, UK-based US comedian Rob Delaney set the world alight with a tweet giving his own personal view of homework at primary school. We thought, as an organisation that provides maths homework support on a weekly basis, it was time to look at the facts around the homework debate in primary schools as well as, of course, reflecting the views of celebrities and those perhaps more qualified to offer an opinion!

Here’s how Rob Delaney kicked things off

Gary Lineker leant his support with the following soundbite:

And even Piers Morgan weighed in, with his usual balance of tact and sensitivity:

A very experienced and knowledgeable Headteacher, Simon Smith, who has a well-earned following on Twitter (for someone working in education, not hosting Match of the Day) also put his neck on the line and, some might think controversially, agreed with the golden-heeled Crisp King of Leicester…

Fortunately Katharine Birbalsingh, Conservative Party Conference keynote speaker and Founding Headteacher of the Michaela School, was on hand to provide the alternative view on the importance of homework. Her op-ed piece in the Sun gave plenty of reasons why homework should not be banned.

She was informative and firm in her article stating: “Homework is essential for a child’s education because revisiting the day’s learning is what helps to make it stick.”

KS2 Maths Games and Activities Pack

A FREE downloadable games and activity pack, including 20 home learning maths activities for KS2 children to complete on their own or with a partner.

How much homework do UK primary school children get?

Sadly, there’s little data comparing how much homework primary school-aged children in the UK and across the globe complete on a weekly basis. A study of teenagers used by The Telegraph shows that American high-schoolers spend an average of 6.1 hours per week compared with 4.9 hours per week of homework each week for UK-based teens.

Up until 2012, the Department of Education recommended an hour of homework a week for primary school Key Stage 1 children (aged 4 to 7) and half an hour a day for primary school Key Stage 2 children (aged 7-11). Many primary schools still use this as a guideline.

Teachers, parents and children in many schools across the land have seen more changes of homework policy than numbers of terms in some school years.

A ‘no-homework’ policy pleases only a few; a grid of creative tasks crowd-sourced from the three teachers bothered to give their input infuriates many (parents, teachers and children alike). For some parents, no matter how much homework is set, it’s never enough; for others, even asking them to fill in their child’s reading record once a week can be a struggle due to a busy working life.

Homework is very different around the world

We’d suggest that Piers Morgan’s argument for homework in comparing the UK’s economic and social progress with China’s in recent years based on total weekly homework hours is somewhat misguided – we can’t put their emergence as the world’s (if not already, soon to be) leading superpower exclusively down to having their young people endure almost triple the number of hours spent completing homework as their Western counterparts.

Nonetheless, there’s certainly a finer balance to strike between the 14 hours a week suffered by Shanghainese school-attendees and none whatsoever. Certainly parents in the UK spend less time each week helping their children than parents in emerging economies such as India, Vietnam and Colombia (Source: Varkey Foundation Report).

Disadvantages of homework at primary school

Delaney, whose son attends a London state primary school, has made it plain that he thinks his kids get given too much homework and he’d rather have them following more active or creative pursuits: drawing or playing football. A father of four sons and a retired professional footballer Gary Linaker was quick to defend this but he also has the resources to send his children to top boarding schools which generally provide very structured homework or ‘prep’ routines.

As parents Rob and Gary are not alone. According to the 2018 Ofsted annual report on Parents Views  more than a third of parents do not think homework in primary school is helpful to their children. They cite the battles and arguments it causes not to mention the specific challenges it presents to families with SEND children many of whom report serious damage to health and self-esteem as a result of too much or inappropriate homework.

It’s a truism among teachers that some types of homework tells you very little about what the child can achieve and much more about a parent’s own approach to the work. How low does your heart sink when your child comes back with a D & T project to create Stonehenge and you realise it’s either an all-nighter with glue, cardboard and crayons for you, or an uncompleted homework project for your child!

Speaking with our teacher hats on, we can tell you that homework is often cited in academic studies looking at academic progress in primary school-aged children as showing minimal to no impact.

Back on Twitter, a fellow teacher was able to weigh-in with that point:

Benefits of homework at primary school

So what are the benefits of homework at primary school? According to the Education Endowment Foundation (EEF) (the key research organisations dedicated to breaking the link between family income and educational achievement) the impact of homework at primary is low, but it also doesn’t cost much.

They put it at a “+2 months” impact against a control of doing nothing. To put this into context, 1-to-1 tuition is generally seen as a +5 months impact but it’s usually considered to be expensive.

“There is some evidence that when homework is used as a short and focused intervention it can be effective in improving students’ attainment … overall the general benefits are likely to be modest if homework is more routinely set.”

Key to the benefit you’ll see from homework is that the task is appropriate and of good quality. The quantity of homework a pupil does is not so important. In this matter Katharine Birbalsingh is on the money. Short focused tasks which relate directly to what is being taught, and which are built upon in school, are likely to be more effective than regular daily homework.

In our view it’s about consolidation. So focusing on a few times tables that you find tricky or working through questions similar to what you’ve done in class that day or week often can be beneficial. 2 hours of worksheets on a Saturday when your child could be outside having fun and making friends probably isn’t. If you really want them to be doing maths, then do some outdoor maths with them instead of homework !

At Third Space Learning we believe it’s all about balance. Give the right sort of homework and the right amount at primary school and there will be improvements, but much of it comes down to parental engagement.

One of our favourite ways to practise maths at home without it become too onerous is by using educational games. Here are our favourite fun maths games , some brilliant KS2 maths games , KS1 maths games and KS3 maths games for all maths topics and then a set of 35 times tables games which are ideal for interspersing with your regular times tables practice. And best of all, most of them require no more equipment than a pen and paper or perhaps a pack of cards.

Homework and parents

One of the key benefits cited by EEF is in regard to parental engagement. Time after time, the greatest differentiator between children who make great progress at school – and those, frankly – who don’t is due to the same factor in the same studies: parental engagement .

It is a fair assumption that if a parent is engaged in their child’s learning, they’re probably going to be the same parents who encourage and support their child when they’re completing their homework.

Whereas parents who are disengaged with their child’s school and schooling – for whatever reason (sorry, Piers, it’s rarely due to laziness), are highly unlikely to be aware of what homework gets set each week, let alone to be mucking in with making sure it gets handed in completed and on time.

We also encounter time and again, the issue of parents’ own lack of confidence in maths. A survey by Pearson found that:

• 30 percent of parents “don’t feel confident enough in their own maths skills to help their children with their primary school maths homework”
• 53 per cent insisted they struggled to understand the new maths teaching methods used in modern classrooms. Fortunately that’s what we’re here to address.

Setting the right homework at primary school can be tricky

Although we disagree with Piers, we can see what he may be driving at in terms of setting appropriate homework.

The question quickly becomes what would Piers think of as being ‘interesting’ homework, and if all four of his children would agree upon the same thing being ‘interesting’.

That’s the problem.

One would imagine Piers would find it hard enough finding one task to satisfy the interest of all of his four children – it’s almost impossible to find a task that will engage the interest of 30 or more children in their out of school hours.

Each with different emotional, behavioural and learning needs, then sprinkle in the varying levels of poverty each family suffers (be it financial or in terms of time), and you can see how it isn’t just about being a good or bad teacher – whatever that means – in regards to being able to set Morgan-approved homework tasks.

What does this mean for my child?

Ultimately, the question at the top of mind whenever a parent thinks about homework is a more general one – am I doing the best for my child?

Although the world is changing at a faster pace than ever before in human history, what’s best for children hasn’t changed that much (if at all).

One-to-one support is best, and young people benefit most from adult-child conversations where they acquire new vocabulary and language structures to form and share their thoughts and opinions.

These insights – that one-to-one support is best and that regular, structured adult-child conversations are life-changing within a child’s development – are what inspired us to create Third Space Learning.

A platform where children can engage with a community of specialist tutors in a safe, structured learning environment where they are able to engage in one-to-one conversations that enable them to progress in their learning with confidence.

• How to help your child with their maths homework – A parents guide
• The Best Homework Hacks: 18 Tips And Tricks To Help Busy Parents Get It Done Faster!
• The 20 Most Recommended Teaching Blogs for UK Teachers and School Leaders

DO YOU HAVE STUDENTS WHO NEED MORE SUPPORT IN MATHS?

Every week Third Space Learning’s maths specialist tutors support thousands of students across hundreds of schools with weekly one to one tuition designed to plug gaps and boost progress.

Since 2013 these personalised one to one lessons have helped over 150,000 primary and secondary students become more confident, able mathematicians.

Learn about our experience with schools or request a personalised quote for your school to speak to us about your school’s needs and how we can help.

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Scottish Greens propose ending homework in primary schools

The Scottish Greens are proposing an end to homework in primary schools.

The proposal is part of a wider package of measures which will be unveiled at the party’s manifesto launch on Wednesday aimed at giving children more opportunity to play and socialise with friends after the pandemic.

According to a summary of research commissioned by the Greens, homework in primary school can have a harmful effect on learning rather than helping to improve attainment.

This is because it may put them off learning because of a lack of motivation to do further schoolwork outside of school.

Research has also suggested homework can worsen inequality as it disadvantages children whose home environment makes it difficult to complete.

Scottish Greens education spokesperson Ross Greer said: “Too often we see homework issued because that’s the way it's always been, so that's the way we expect it to be today.

“In reality, research has found that this often isn’t helping children’s learning and can in fact be deeply unhelpful.

“After a year full of remote working from home, the last thing children and families need once schools reopen is to bring even more work home.

“We know from research that this creates a negative association with school and learning from a young age.

“Moving on from a year of restrictions on meeting friends and playing together, we need to ensure that children are free to go outdoors and socialise, rather than stuck inside completing homework which isn’t actually helping them.

“This is no criticism of overworked teachers, who are regularly pressured to issue homework which only creates an additional workload burden for them.

“Ending homework in primary schools benefits everyone, pupil, family and teacher.”

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https://educationhub.blog.gov.uk/2018/10/28/education-secretary-i-trust-head-teachers-to-decide-their-homework-policies/

Education Secretary: I trust head teachers to decide their homework policies

Education Secretary Damian Hinds has today written an op-ed for the Sunday Times setting out his position on homework, which has been followed up with a news story . He says that ultimately up to heads and school leaders to decide whether to set homework and what the consequences should be if children do not complete their homework set.

The Education Secretary said:

One of the tougher things I’ve taken on recently was solving a ‘part-whole model’, involving nine ducks and a jagged shoreline. This was, I should clarify, a piece of homework for one of my children, not something called for in my day job. Homework is a staple of school life, and of home life. Parents know this. After all, almost every one of us will have done homework ourselves as a child and most of us will be drafted in to help with it at some point as a parent, carer or grandparent. There has been some high-profile interest of late on social media suggesting that homework is bad for children, at least in the first half of schooling. There have even been subsequent questions about its legal status. Just to be clear: schools are not obliged to set homework, and some don’t. But when schools do set homework, children do need to do it. We trust individual school head teachers to decide what their policy on homework will be, and what happens if pupils don’t do what’s set. Policy and approach won’t be the same in all cases. Autonomy for schools, and the diversity that comes with it, is at the heart of this government’s approach to education. Of course, schools should, and do, communicate with parents. Parents need to know where they stand. Teachers obviously need to be realistic about expectations, and they know this. Obviously, no one wants children spending an inordinate amount of time every night doing homework. Clearly, there are other important things to do, too – like playing outside, family time, eating together. Good homework policies avoid excessive time requirements – focusing on quality rather than quantity and making sure that there is a clear purpose to any homework set. In 2011 we helped set up the Education Endowment Foundation as an independent expert body to study and advise on “what works” in education. It has established that, although there are more significant educational improvements derived from homework at secondary school, there can still be a modest but positive impact at primary level. Homework isn’t just some joyless pursuit of knowledge. It’s an integral part of learning. Beyond the chance to practice and reinforce what you’ve learned in class, it’s also an opportunity to develop independent study and application – and character traits like perseverance. Children need to know that what they do has consequences. At secondary school, if a pupil doesn’t complete their homework, they risk falling behind. They may also hold up others – clearly it is harder for the teacher to keep the whole class moving forward if some are doing the homework and others aren’t. At primary school, too, we all want our children to develop their knowledge – but we also want them to develop values. Homework set at primary school is likely to be of relatively shorter duration. But if a child is asked to do it and they don’t, for that to have no consequence would not be a positive lesson. Ultimately, of course, the responsibility for a child’s educational development is a shared one. Parental involvement makes a big difference, from the very earliest stage. In the early years parents can support their child’s development through story telling, singing or reading together. Later on, homework can give an ‘in’ for continued involvement in learning. Homework should not in general require adult help, and with today’s busy lives it certainly can be hard to find the time. But I know as a parent that we are called on as reinforcements if an assignment is especially challenging. Other times, it falls to parents just to give a nudge. I want all children to enjoy their progress through school and they will have a much better chance of doing this if they are not having to play catch-up during the day. Parents need to trust teachers, with all their experience of teaching and learning – and know that their child’s homework is not just proportionate, but will be of lasting benefit. From motivation and self-discipline to the wonder of independent learning, homework can teach children about far more than the part-whole model, some ducks and a jagged shoreline.

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• Citizens Advice Scotland

Problems at school

This advice applies to Scotland. See advice for See advice for England , See advice for Northern Ireland , See advice for Wales

What is in this information

This information outlines some of the problems you or your child may have at school and the general procedures which can be used to resolve a problem.

If you can't resolve the problem using the general procedures you should consult an experienced adviser for example, at a Citizens Advice Bureau - where to get advice .

The following terms are used:

Parent - this means either or both parents, or the pupil’s guardian, or another person who has parental responsibility for the pupil

Education Authority - education department to the local council.

Parent forum - this is a collective term for all the parents of the pupils who attend a local authority school

Parent council - this is a body that the parent forum of a school may have decided to set up to represent their views to the school. In many cases a parent council will have replaced a school board.

All the parents’ rights described here are transferred to the pupil when they reach 16.

Who does this information apply to

The information here applies to a pupil at a local authority school.

General procedures for dealing with a problem at school

The general procedures for dealing with a problem at school are listed in the order they should normally be used. 

Step 1 - Talk to your child

You may be aware that your child has a problem at school either because they have told you or you have been told by the school, another parent or one of your other children. Wherever possible, you should discuss the problem and ways of resolving it with your child before taking any other action. However, depending on the age of the pupil, it may be necessary to talk to their teacher in order to clarify the problem.

Step 2 - Talk to your child's teacher or guidance teacher

It is usually helpful for you to talk to your child's class teacher about the problem before taking further action. The teacher will usually be able to clarify the problem, provide more information and they may be willing to support you. If the child is at a secondary school you should contact the appropriate guidance teacher first, if the problem is a general one.

Step 3 - Talk to the headteacher

Although the headteacher has wide powers to run the school how they choose, they must do so in consultation with the parent council or equivalent body or education authority and in accordance with agreed policies. The headteacher, particularly in a large school, may delegate responsibility for dealing with individual pupil’s problems to another member of staff. However, you can ask to meet the headteacher if you prefer to do so.

Step 4 - Talk to other parents

If you think that your child’s problem is one which may also be affecting other pupils, you may wish to consider talking to other parents and taking action jointly.

Step 5 - Talk to the parent council

You can ask the parent council or equivalent body to discuss your child’s problem, but only at a general level. To raise the problem at a meeting of the council, you should contact the council to find out about the best way of doing this.

Step 6 - Appeal to the education authority

Depending on what the problem is, you may be able to appeal to the education authority.

You will need to check with the school or education authority whether you can appeal and, if you can, the procedure for doing so. If the right of appeal is to the education authority, you could talk to your local councillors before the appeal as they may be on the appeal committee or may be willing to give advice and support.

If you are considering appealing you should consult an experienced adviser for example, at a Citizens Advice Bureau - where to get advice .

Access to school records

Information is kept by local authority schools on each pupil's educational progress and they must also keep a record of other information, for example the child's health history, dates and results of any objective, diagnostic, psychological or aptitude tests, anything which impacts on the child's educational abilities or attainment, family and emergency contact details and any previous school the child has attended.

The record must only be used to supervise the child's educational development and for giving advice and assistance to, or about, the child. You can make a request to see your child's educational records. The school must make them available free of charge for inspection within 15 working days. The school can make a small charge if you wish to have a copy. The school should provide the information in a different language or format if requested to do so. A child over 12 also has the right to see their educational records.

Bullying can take many forms and can be direct, either physical or verbal, or indirect, for example, ignoring a pupil or not talking to them. Some forms of bullying, for example, cyberbullying, can be anonymous and the bullying behaviour doesn't always take place at school. The Respectme website provides more information about how to identify and tackle bullying.

You should be aware that someone who is bullying a child may also be discriminating against them under the Equality Act 2010. You may want to take action about this. You should consult an experienced adviser, for example, a Citizens Advice Bureau - where to get advice .

Cyberbullying

Cyberbullying is bullying behaviour that takes place via mobile phone or over the internet through e-mails, instant messaging and social networking websites. Texts, messages and images which hurt, intimidate or embarrass another person are sent or posted on websites. Cyberbullying is often anonymous and can happen anywhere, not just at school, The Respectme website provides information and advice about cyberbullying, including a useful leaflet for professionals, parents and children and young people.

The Scottish Government strongly recommends that schools have an anti-bullying policy, which should set out how bullying should be dealt with in the school. If there is no policy you should contact the head teacher or the local authority.

If bullying is so serious that your child is too frightened to go to school, or you fear for your child's safety, you may wish to keep your child at home. However, this might breach your legal duty to send your child to school. It is essential that you and your child tell the school about the bullying and continue to communicate the difficulties until the bullying stops.

If the bullying involves a criminal offence, for example, assault, harassment, intimidation, extortion or theft, then it should also be reported to the police. If the bully is over the age of 12 they could be prosecuted for a criminal offence.

If you feel that the school or education authority has breached its duties to your child, you should seek advice from a solicitor about other legal action that it might be possible to take.

Further help about bullying

Website: www.respectme.org.uk

Respectme is Scotland's national, anti-bullying service. It provides advice and guidance on developing and reviewing anti-bullying policies. The Respectme website provides useful information and advice about bullying for professionals, parents and children and young people.

Childline Scotland's bullyline

Tel: 0800 1111

If you're a child or young person, you can call this free, confidential helpline for advice about bullying.

Parentline Scotland

Tel: 08000 28 22 33 (Mon - Fri 9am - 10pm, Sat - Sun 12noon - 8pm)

If you're a parent you can call this free, confidential helpline about any parenting issues, including advice about bullying.

Charging for education

Schools must provide free education and cannot charge for any activity (or materials, books, exam entry fees or equipment for use in connection with the activity) which:

is an essential part of the curriculum or religious education syllabus; or

is an essential part of the syllabus for a prescribed examination; or

takes place wholly or mainly during school hours.

The rules on when a charge can be made are very complicated and you should consult an experienced adviser for example, at a Citizens Advice Bureau - where to get advice .

Choice of subjects

Schools teach a range of subjects and a secondary school pupil will usually be able to have some choice on which subjects they study. However, the school will advise a pupil about which subjects would be most appropriate, taking into account their academic ability and future career plans.

If the school refuses to let your child study their subject of choice, and you feel it is because of their sex, the school may be discriminating against you, and you can complain. See sex discrimination

If the school does not offer the subject or combination of subjects a pupil wants to study, this may mean they will not be able to get the necessary qualifications to get a place on a further or higher education course in future. As well as using the general procedures to try and persuade the school to offer a particular subject or combination of subjects, you may wish to suggest to the school that your child studies the subject at another school. The school may be able to re-timetable subjects if a particular combination of subjects is asked for.

As restrictions on the choice of subjects may also affect other pupils, you may wish to consider making a complaint with other dissatisfied parents or involving the parent council or equivalent body.

Choosing a school

You may have a number of problems regarding choice of school. Solutions to many of these problems including what to do if you are refused a place in the school you want for your child are covered on another page.

More about problems when choosing a school

Disability discrimination

It is unlawful for any school or provider of education, to discriminate against disabled pupils (both current and prospective pupils) under the Equality Act 2010. These duties are additional to the duties schools have towards pupils with additional support needs. Issues related to disability discrimination of pupils can be taken to the Additional Support Needs Tribunal for Scotland (ASNTS). The ASNTS has produced  information about how to make a disability discrimination claim . 

Local authorities have planning duties to make schools accessible to disabled pupils.

Schools have a legal duty to promote equality of opportunity for disabled people. They must produce a Disability Equality Scheme, setting out the steps they will take to involve disabled pupils, parents and staff.

If your child is experiencing problems with access/admission to a school, they or you should consult an experienced adviser, for example, a Citizens Advice Bureau - where to get advice .

For more information see disability discrimination in schools

Discrimination because of sexuality

It is against the law for a school or local authority to discriminate against pupils because of their sexuality, for example because they are lesbian or gay or they are the children of lesbian or gay parents. It is against the law for a school to prevent a pupil taking part in a residential school trip because they are perceived as being gay. Bullying lesbian or gay pupils, or pupils who are perceived to be lesbian or gay is against the law. In some cases these incidents may be classed as hate crime.

More about hate crime

These rules apply to all schools, including faith schools. For example, a Muslim school could not teach that same sex relationships are wrong. However, it is not against the law for them to teach that the Muslim faith says that these relationships are wrong.

More about discrimination of sexual orientation

If you're a pupil or parent who is experiencing discrimination at school because of sexuality, you should talk to an experienced adviser for example, at a Citizens Advice Bureau - where to get advice .

Discrimination because of gender reassignment

It is against the law for a school, college or other education provider to discriminate against someone who is undergoing gender reassignment.

Gender reassignment is where you are changing from one sex to another.

It is also illegal to discriminate against you if you are intending to undergo or have already undergone gender reassignment. You do not have to be undergoing medical treatment.

For example, it may be discrimination for a school to refuse to allow a transgender pupil to wear clothes appropriate to the gender they are changing to.

If you are experiencing bullying or aggressive behaviour about gender reassignment in some cases these instances of discrimination may be classed a hate crime

For more information about discrimination because of gender reassignment, see sexual orientation discrimination

Discrimination because of religion or belief

It is against the law for a school or local authority to discriminate against a pupil or against the parents of a pupil because of their religion or belief.  Discrimination against someone with no religion is also against the law. There are some exceptions to the general rules. For example, when admitting pupils, faith schools may still give priority to pupils of that faith. Bullying people because of their religion or belief can be classed as hate crime.

For more information about religious discrimination in education see discrimination because of religion or belief

If you're a pupil or parent who is experiencing discrimination at school because of religion, you should talk to an experienced adviser for example, at a Citizens Advice Bureau - where to get advice .

Discrimination and racist harassment

A pupil may be a victim of racial abuse and violence from other pupils, either on the school premises or on the way to or from school. It is important that parents bring all incidents to the head teacher’s attention. If the education authority has an adviser with special responsibility for race issues, incidents should also be reported to them. If the school is unwilling to take steps to prevent racist attacks, in addition to following the general procedures (see under heading General procedures for dealing with a problem at school ), parents should contact the local authority.

The law says that a school or college must not discriminate against people on grounds of race in any of its policies or practices, including admission policies. Local education authorities also have a legal duty not to discriminate.

If you are being bullied because of your race this can be classed as hate crime.

Local education authorities have a duty to have a race equality policy and should take positive steps to discourage racism and stop racist attacks. Schools should follow the local authority's policy. You may also wish to contact teachers' unions which have clear policies on racism in schools.

For information about racial discrimination, see Taking action about race discrimination .

Discrimination and sexual harassment

Sexual harassment can be described as unacceptable behaviour based on someone's sex which is unreasonable, unwelcome or offensive. This could include unwanted comments of a sexual nature or inappropriate touching. Incidents of sexual harassment by pupils or teachers should be reported to the headteacher, who should deal with them promptly. Sexual harassment by a teacher is considered to be gross misconduct and could lead to the teacher’s dismissal. It might also be a criminal offence. If you or your child feel that reported instances of sexual harassment are not being dealt with properly copies of the complaint should be sent to the Director of Education at the education authority asking that they investigate the matter.

In some cases the harassment behaviour may be classed as hate crime.

Sex discrimination is when someone is treated less favourably because of their sex. For example, your daughter isn't allowed to do craft, design and technology classes solely because she is a girl. If your child has been discriminated against at school because of their sex, get advice. 

For more information about making a complaint about sex discrimination, see Taking action about sex discrimination .

Disruptive behaviour

How education authorities and parent councils deal with a pupil with disruptive behaviour varies widely, and behaviour which one authority or council considers to be disruptive may not be defined as disruptive by another.

Some authorities have a policy of removing a pupil who it considers to be disruptive to a special unit within the school or elsewhere in the area. This should only be done after a parent has been consulted. Transferring a pupil to a special unit is sometimes used as a way of solving a problem or is seen as a permanent solution. However, a short-term placement at a special unit may be useful if the unit offers specialised help for pupils with disruptive behaviour.

If your child is transferred to a special unit they should normally be re-integrated into the school as soon as possible.

Schools must have a policy for handling incidents of drug abuse.

If the school thinks that a pupil is concealing drugs staff cannot physically search a pupil. Only the police can conduct a search on school premises.

Education during and after pregnancy

The education authority has a legal duty to ensure that every child under 16, and those aged 16-19 who wish it, continues to receive an education suitable to their age and ability. If a pupil becomes pregnant this duty still remains.

There is no national policy or guidance on this matter and authorities and schools may vary in how they deal with pregnancy in school. The wishes of the pupil and the range of alternative options will also vary from case to case and should be taken into account.

If a pupil decides to stay away from school, then home tuition can be arranged. It should be recognised that home tuition is often limited and may only amount to a few hours teaching each week. Some authorities may offer education in a specialist unit as an alternative to remaining at school.

Pregnancy is not a reasonable ground for excluding a pupil from school. If your child is excluded for this reason, she or you could appeal to the parent council or the education authority. You could also consider a complaint to the Scottish Minister for Schools and Skills or taking a case under the Human Rights Act.

English as a second language

A pupil for whom English is not their first language may need extra tuition to improve their standard of written and spoken English. Although there is no requirement for education authorities to teach English as a second language, you could find out if the authority has a policy and then use the general procedures to either enforce the policy or to persuade the authority to draw up a suitable policy.

Exclusion from school is a serious sanction and should only be used by a school as a last resort.

A pupil can be excluded from school if:

their parent is not complying with, or allowing the pupil to comply with, the school's rules or disciplinary code; or

their attendance at school is seriously disrupting order and discipline in the school and the educational well-being of the other pupils.

Schools are not allowed to informally suspend or ban pupils from school. Any removal from school is an exclusion and must follow a set procedure.

If your child is excluded from school, you must be told on the day the decision is made and a meeting must be arranged within 7 days to discuss the exclusion with you.

You have a right to appeal against your child's exclusion. Most young people over the age of 12 also have the right to appeal the exclusion. An appeal must be sent to the educational appeals committee within 28 days of the decision to exclude the pupil.

While a pupil is excluded, the local education authority still has a duty to educate the child. It must arrange for the pupil to receive suitable education, either at another school or educational unit or at home. These arrangements should be put in place within 10 days of the exclusion.

You can also get help from a Citizens Advice Bureau - where to get advice .

Food at school

Schools don't have to provide school meals but they must provide a supervised place for children to eat packed lunches. They must also give free school meals to eligible children.

There are rules about food and drink that schools must follow. This is so that they are healthy and don't contain too much fat, sugar and salt for example. Schools can't provide:

sweets and chocolates

deep fried foods more than 3 times a week

too much red meat or processed red meat, like ham or bacon

fruit juice or smoothies.

Schools don't have to follow these rules if they're unable to do so because of food shortages.

Free drinking water must also be provided at all times, including meal times. 

Schools should provide special diets if your child needs one, for example, for medical or religious reasons.

If you're concerned about the quality of the food that your child is getting, you should contact the school.

General appearance

Some schools have rules about a pupil’s general appearance - for example, pupils may not be allowed to wear make-up or jewellery. A school can have a policy on general appearance as long as it is reasonable and does not discriminate on grounds of sex or race. You can find out what the school’s policy is by asking the school.

School uniform

The law is not specific on the question of school uniform but any school policy must be reasonable or it could mean that the school is discriminating against the children because of race, sex, sexuality, disability or religion and human rights. The school must provide information on its policy on clothing and uniform. The Education Authority must provide written information on its general policy on wearing school uniform. As a parent if you don't want your child to wear the school's preferred uniform, your child cannot be disciplined for not wearing it. If however, your child simply refuses to wear the school uniform the school can discipline them if it thinks that academic or disciplinary problems might be caused by the refusal.

Many schools do have a policy covering the wearing of school clothing. The policy may state that certain items must be worn and that other items cannot be worn, for example, jeans. Schools must take religious and cultural requirements into account when drawing up a school uniform policy. You can find out what the school’s policy on school uniform is by asking the school.

For information about race discrimination, see Taking action about race discrimination .

For information about sex discrimination, see Taking action about sex discrimination .

Holidays during term time

In most circumstances, schools will not authorise family holidays during term time. However, they may do so in exceptional circumstances, for example, when a family needs to spend time together following a crisis. If you take your child out of school without permission, action could be taken against you for failing to ensure that your child attends school.

The Scottish Government publishes a useful leaflet called A guide for parents about school attendance, which can be found on the  Scottish Government’s website .

A primary school cannot insist that your child does homework, although a school may ask your child to look things up or find material for a project. In a secondary school your child will usually be expected to do some homework, although a school cannot insist on this. You may be concerned that your child is being given too much or too little homework. You may wish to find out how homework is set and how much time the school expects your child to spend on it.

If your child cannot attend school because of sickness or injury, the local education authority must arrange suitable education. This may be in hospital schools or hospital teaching units, or tuition at home.

When a child is admitted to hospital, their educational needs should be assessed as soon as possible after admission. All children admitted to hospital for more than 5 working days have a right to properly planned education.

If your child is absent from school for 15 or more consecutive working days, the education authority may assess their needs. The school may then provide work for the child to do at home. The education authority may provide home visiting teachers.

There is a useful factsheet called 'When a child can't go to school' which has been written by Enquire, the Scottish advice service for additional support for learning. The factsheet is on the  Enquire website .

Teachers should take reasonable care of pupils while they are on the school premises or taking part in a school activity - for example, a visit to a local swimming pool, an education visit or a school trip or holiday. This applies even if you have given permission for your child to take part in the activity.

Knives and other blades

If you are found on school premises with a knife or other blade and if you are convicted of an offence related to its possession you could be imprisoned for up to 12 months or 4 years.

Pregnancy and maternity

It is against the law to discriminate against a student because she is pregnant or has had a baby within the previous 26 weeks for example, she should not be prevented from attending school because she is pregnant. The school may have to consider providing alternative education if the pregnancy prevents her from attending school.

The headteacher and teachers can use reasonable non-physical means to punish a pupil. Any punishment must be fair, reasonable and in line with school policy.

Corporal Punishment

A teacher can only use reasonable physical force if they do so in self-defence or if it is necessary to break up a fight between pupils or to stop a pupil endangering themselves, other pupils or school property.

Corporal punishment is against the law and banned in all schools.

Someone with a concern about physical punishment should consult an experienced adviser, for example, a Citizens Advice Bureau - where to get advice .

Religious education and observance

Every school has to provide religious education and time for religious observance (for example, services). Parents have a legal right to withdraw their child from participating in these sessions. The school must make you aware that you have this right, explain what you should do and respect your views.

Pupils don't have a legal right to withdraw from religious education or religious observation in school - this must be done by a parent or carer. However, schools should involve pupils in discussions about their education and take their views into account.

If you do withdraw your child from religious observation or religious education, the school must make suitable arrangements for your child to take part in a worthwhile alternative activity. In no circumstances should a child be disadvantaged as a result of withdrawing from religious observation or religious education.

Starting and leaving dates

All pupils between the ages of 5 and 16 must receive full-time education, either at school or out of school. You must make sure that your child receives full-time education and the education authority has a duty to make sure that suitable full-time education is available. In addition, the education authority may provide full-time education to any student, aged over 16, who wants it.

Your child must start school at the beginning of the school year after they are 5, at the latest. Some children may be able to start school before they are 5. Each local authority sets its own policy on the precise age at which a child under 5 can start school.

There are 2 school leaving dates in a year. The date for a particular pupil depends on when they become16:

If you discover, or are informed by the school, that your child is truanting you should try to resolve the problem as soon as possible by using the general procedures. You may be able to see any reports which have been written about your child.

All education authorities have an education welfare officer (EWO) who may be asked by the school to visit a pupil at home. The EWO will try to find out why the pupil is truanting and offer advice. The school will then keep the EWO informed about the pupil’s attendance at school. If the pupil continues to truant the EWO will make regular visits to the pupil’s home. If there is no improvement, the parents may receive a warning that court action may be taken by the education authority.

Sex education

All schools are expected to provide sex education and the Scottish Government provides guidance on how this should be provided. The guidance is available on the  Scottish Government website . You should be consulted about the content of the school's sex education programme and you should take up any concerns with the head teacher of the school.

You are entitled to withdraw your child from all or part of the sex education programme if you wish, but not from lessons in the general curriculum which relate to aspects of reproduction, sex, sexuality and morality.

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Included, engaged and involved part 2: preventing and managing school exclusions

Part two of guidance document 'Included, Engaged and Involved', which refreshes the national policy on school exclusions.

Section 8 Exclusions - Management of, resolution and ways forward

The following section should be considered in the wider context of the 'Guiding Principles' ( Section 3 ) which state that the foundations for schools, learning establishments and education authorities is a whole school ethos of prevention, early intervention and support.

Where prevention and early intervention strategies have been exhausted and exclusion is deemed to be necessary, this section outlines the legislation, regulations and procedures which inform how school exclusions should be carried out, including providing guidance on good practice. Guidance on decision-making, communicating, rights of appeal, recording and the provision of education during the period of exclusion are also outlined. Finally, this section considers the process of resolution and future supports.

Key legislation relating to exclusion

The power to exclude a child or young person from school rests with the relevant local authority. It is, however, open to a local authority to delegate the power to exclude children or young people to senior management level within a school. The following legislation needs to be incorporated into local exclusion guidance. It should not, however, be relied upon as an exhaustive consideration of the legal duties which may now or in the future, be imposed on local authorities.

The power to exclude a pupil from a school and the circumstances under which a pupil may be excluded; and the requirements on local authorities where a decision to exclude has been taken are set out in Regulations 4 and 4A of the Schools General (Scotland) Regulations 1975 ("the 1975 Regulations"), as amended [36] and the Schools General (Scotland) Amendment (No. 2) Regulations 1982 [37] (S.I. 1982/1735).

Regulation 4 provides that an education authority shall not exclude a pupil from school unless the authority:

"are of the opinion that the parent of the pupil refuses or fails to comply, or to allow the pupil to comply, with the rules, regulations, or disciplinary requirements of the school" ; or

"consider that in all the circumstances to allow the pupil to continue his attendance at the school would be likely to be seriously detrimental to order and discipline in the school or the educational well-being of the pupils there. "

Exclusion from school of a child or young person other than in conformity with the terms of the 1975 Regulations as amended has no statutory authority. Failure to comply with the 1975 Regulations as amended in such circumstances may render the authority open to legal challenge by the parent(s), or the pupil (where the pupil is a young person or is a child with legal capacity in terms of the Age of Legal Capacity (Scotland) Act (1991)) [38] or to action by the Scottish Ministers under section 70 of the Education (Scotland) Act 1980, as amended.

Section 21 of the Education (Scotland) Act 2016 [39] inserts new section 2ZA into the Education (Scotland) Act 1980, providing Ministers with the power to prescribe the number of learning hours to be made available (by education authorities and grant aided schools) to school pupils. The regulation making power provides the necessary flexibility to accommodate situations in which it would be legitimate for an authority/manager of a grant aided school to offer a reduced level of provision, such as exclusion. The Scottish Government will consult fully and widely in accordance with the requirement in section 2ZA(11) before exercising this power.

In the event of an exclusion of a child receiving their 600 hours of early learning and childcare ( ELC ) entitlement at an authority managed provider or a partner provider , the child still has a legal right to receive the hours they might miss due to having been excluded. However, it is very unlikely that a child would be excluded from ELC in the first place, and as ELC is an entitlement and is not compulsory, the parent would also need to request the hours to be made up by the local authority. If an eligible pre-school child, who receives their funded ELC entitlement at a partner provider , is excluded from that partner provider, it would fall to an education authority to make alternative arrangements to provide the entitlement to the child elsewhere.

Exclusion policy should also be seen in the wider context of an authority's duties to:

• "…secure that there is made for their area adequate and efficient provision of school education …." (under section 1 of the Education (Scotland) Act 1980);
• "…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 ." (under section 2(1) of the Standards in Scotland's Schools etc. Act 2000) [40] ;
• "…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." (under section 2(2) of the Standards in Scotland's Schools etc. Act 2000 in regard to section 2(1); and
• "…have regard to the general principle that, so far as is compatible with the provision of suitable instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parents ." (under section 28 of the Education (Scotland) Act 1980).

Therefore, in any relevant procedures, including appeals against the decision to exclude, the views of the child or young person, as well as those of the parent(s) should be accurately represented and appropriately taken into account. As the views of child or young person may diverge from their parent(s), it is clearly not sufficient to assume that the views of the parent(s) automatically reflect those of the child or young person.

Further consideration should also be given by the local authority to the following legislation:

The Equality Act (2010) provides that it is unlawful to exclude a pupil because of a protected characteristic. Section 85 (2) provides that:

• The responsible body of such a school must not discriminate against a pupil- (a) in the way it provides education for the pupil (b) in the way it affords the pupil access to a benefit, facility or service; (c) by not providing education for the pupil (d) by not affording the pupil access to a benefit, facility or service (e) by excluding the pupil from the school (f) by subjecting the pupil to any other detriment.

Section 85(5) provides that:

• The responsible body of such a school must not victimise a pupil- (a) in the way it provides education for the pupil (b) in the way it affords the pupil access to a benefit, facility or service (c) by not providing education for the pupil (d) by not affording the pupil access to a benefit, facility or service (e) by excluding the pupil from the school (f) by subjecting the pupil to any other detriment.

In reaching a decision to exclude, education authorities have to consider whether they could comply with section 4 of the Education (Additional Support for Learning) (Scotland) Act 2004 (as amended) which requires that every education authority must:

• "(1)(a) in relation to each child and young person having additional support needs for whose school education the authority are responsible, make adequate and efficient provision for such additional support as is required by that child or young person, and
• (b) make appropriate arrangements for keeping under consideration- (i) the additional support needs of, and (ii) the adequacy of the additional support provided for, each such child and young person.
• (2) Subsection (1)(a) does not require an education authority to do anything which- (a) they do not otherwise have power to do, or (b) would result in unreasonable public expenditure being incurred."

Management of exclusion

Once a decision to exclude has been made, the local authority should ensure that the child or young person does not leave school until their safety, health and wellbeing are assured and appropriate arrangements are in place. Refer to Checklist 2.

Local authorities or their delegated manager, when deciding whether exclusion is necessary, should consider the particular facts and circumstances surrounding the individual incident(s) and the child or young person. These are outlined clearly in Section 7 of this guidance.

Procedures to follow when excluding a child or young person

Regulation 4A of the 1975 Regulations as amended makes provision for the procedures to be followed in exclusion.

The authority must, on the day upon which a decision to exclude a child or young person is taken, intimate in writing or orally (where intimations are oral they must be confirmed in writing) to the child's parent or if the learner is a young person, the young person (defined in section 135(1) of the Education (Scotland) Act 1980 ("the 1980 Act") as "a person over school age [41] who has not attained the age of 18 years"):

• the decision to exclude; and
• the date, time and place where the head teacher, other teacher at the school or official of the education authority, shall be available to discuss the decision to exclude. This meeting must be within seven calendar days following the day of the decision to exclude.

The authority must, notify the parent/carer or young person in writing (by post or handed to the parent or young person directly):

• (a) the reason(s) the pupil was excluded
• (b) the conditions, if any, with which the parent and/or pupil must comply, or undertake to comply before the pupil may be re-admitted;
• (c) the right to refer the decision to exclude the pupil to an appeal committee under section 28H of the 1980 Act and the right to appeal this committee's decision to the sheriff and how appeals can be initiated; and
• (d) any other information which the education authority considers appropriate.

In most instances the authority will delegate this to the school.

A child or young person should be actively involved and participate in all stages of the process. A core principle of the UNCRC is a commitment to ensuring that children and young people have the opportunity to participate in the decisions that affect them. The UNCRC defines participation as "ongoing processes, which include information-sharing and dialogue between children and adults based on mutual respect, and in which children can learn how their views and those of adults are taken into account and shape the outcome of such processes" [42] . The Children and Young People's Commissioner Scotland has developed a resource called 'the 7 Golden Rules of Participation [43] ' which provides advice on how best to plan and deliver participation with children and young people. '7 Golden Rules for Participation Symbols Resource' is also available to help deliver participation rights for younger children and children and young people with additional support needs.

Section 41 of the Standards in Scotland's Schools etc. Act 2000 extended the right of appeal in section 28H of the 1980 Act to pupil with "legal capacity" within the meaning of section 2(4A) and (4B) of the Age of Legal Capacity (Scotland) Act 1991. Therefore, the education authority should send the intimation regarding the right to make a reference to the appeal committee to a pupil with legal capacity, as well as the parent, so that they are aware they also have the right of appeal, as well as a right to express a view. Further information on appeals is outlined below.

It is good practice to agree a plan to support the child or young person on their return to school. This should not take the form of a 'good behaviour contract'. It is not a legal requirement that pre-return conditions are set . Full guidance on returning to school following a period of exclusion can be found under ' Resolution and ways forward ' page 43.

Length of exclusion

The length of an exclusion is not defined in the legislation and accordingly is a matter for the discretion of the local authority and should be detailed in local guidance. It should be proportionate and take into account individual circumstances (see Section 7). The local authority remains responsible for the provision of education for the child or young person during the period of exclusion.

Recording an exclusion

All exclusions should be recorded on the local authority management information system. Recording and monitoring of exclusions are essential for a number of reasons:

• ensuring that appropriate interventions and supports are in place at the whole school level;
• identifying if there is an unmet wellbeing need for an individual child or young person; and
• providing data about patterns of exclusion to inform future practice.

Regulation 10(1A) of the 1975 Regulations as amended provides that, where a pupil's progress record contains information relating to a decision to exclude, certain other information is also to be recorded. This other information includes any decision of an appeal committee, and if the appeal committee is appealed, any decision of a sheriff. Regulation 10(1A) also requires the parent/carer or young person to be informed of the terms of the entry in the record, as soon as practicable after the entry is made. However, information about exclusion is not something which must be included on the record, although the above referred to requirements apply where such information is included.

Right of appeal against the decision to exclude

The right of appeal against the decision to exclude is conferred by section 28H of the 1980 Act, as extended to learners with legal capacity in terms of section 2(4A) and (4B) of the Age of Legal Capacity (Scotland) Act 1991 by section 41 of the 2000 Act.

As previously outlined, the education authority should send the intimation regarding an exclusion to a learner with legal capacity, or to a young person as well as the parent, so that the learner and young person has full knowledge of the decision since they have the right of appeal, as well as a right to express a view. In the case of pupils who are under 16 the intimation regarding an appeal should be made to the parent. The meeting to discuss the appeal should be with the parent. The child or young person may attend the meeting if both the education authority and the parent(s) agree; and should attend if it was the learner who exercised the right of appeal.

Regulation 4A (2) of the 1975 Regulations as amended provides that an education authority shall, within the period of eight days immediately following the day upon which the decision is taken ensure that intimation in writing is made to the parent of the pupil, where the pupil is a child, or to the pupil himself, where he is a young person, of:

(a) the reason for the decision to exclude

(b) the conditions, if any, with which the pupil and his parent or either the pupil or his parent are required to comply or to undertake to comply as conditions precedent to the pupil being re-admitted to the school

(c) the right to refer the decision under section 28H of the Education (Scotland) Act 1980 to an appeal committee set up and maintained under section 28D of that Act

(d) the address to which such a reference should be made

(e) any other information which the education authority consider appropriate.

Regulation 4A(3) of the 1975 Regulations as amended provides that there is a duty on an authority to provide notification where:

(a) a pupil who has not been re-admitted to the school from which he was excluded within seven days of the date of the decision so to exclude him

(b) a pupil whose parent has not indicated orally to the head teacher of the school or in writing after receiving intimation in accordance with section 28H of the Education (Scotland) Act 1980 or otherwise to pursue the matter further.

Where the learner has been readmitted to the school within seven days of the decision to exclude and the learner's parent (or learner where applicable) has indicated to the head teacher that they do not intend to appeal the decision, the education authority may issue the subsequent written notification within eight days of the decision to exclude, or thereafter.

Education provision during the period of exclusion

Section 14(3) of the 1980 Act places a duty on education authorities to make education provision for excluded learners. The duty is to, without undue delay , either:

• provide school education for the excluded pupil in a school managed by them; or
• make arrangements for the excluded pupil to receive such education in any other school the managers of which are willing to receive the excluded pupil; or
• make special arrangements for the excluded pupil to receive education other than at an educational establishment.

Where a child or young person is to be placed at another school either as part of an exclusion or following removal from the register, education authorities should not only arrange, but also co-ordinate, all aspects of this onward placement in the best interests of the child or young person. Parents and the child or young person should be included in any decisions regarding placement at another school.

There is no legislative definition of 'undue delay'. However, the objective is to ensure the child or young person continues to receive an education while excluded. It is reasonable to expect alternative education provision to be in place after 3 days. Education authorities should set their own policies on the provision of education for excluded children and young people which should include details of who will provide the education as well as where and when it will be provided.

The education authority should seek to provide the quality, quantity and range of education which adheres, as far as is practicable, to that which was available to the child or young person before they were excluded.

It will not be sufficient to simply provide excluded children and young people with homework/classwork if they do not also receive sufficient teaching to enable them to understand the material. Any arrangements, therefore, should involve contact with the child or young person on a regular basis. This could be provided in the form of an e-mail address/telephone number of a school contact who can address any concerns relating to the course work. There is also a responsibility on the child or young person and their parent(s) to make sure the provision arranged is carried out and used during any period of exclusion.

Any existing involvement in non-school based learning should continue. These include college placements, therapeutic support, or mentoring. It may be necessary to provide any such support in an environment outwith the school building during the period of exclusion.

The following are suggested types of education provision during periods of exclusion:

• suitable course work - to ensure the child or young person keeps up with work being taught during time excluded with a subsequent check to ensure the child or young person has understood the work;
• structured learning outside of home - i.e. library;
• programmes to address the behaviour needs of the child or young person to support re-integration to school and help prevent further exclusions; and
• virtual learning through GLOW /online learning.

Parent/carer(s) responsibilities

A parent of a child or young person of school age has a duty under section 30 of the Education (Scotland) Act 1980 to provide efficient education for their child suitable to his or her age, ability and aptitude by causing their child to attend a public school (local authority) regularly, or by other means. Parent(s) continue to be subject to this duty even if their child has been excluded from school. All parent(s) are encouraged to co-operate with their local authority to support any necessary provisions or special arrangements for their child or young person's education, if required to do so.

Parent(s) should work with their child's school to develop and implement an agreed course of action. Parent(s) should also support and encourage their child to attend school regularly.

It is vital that the views of the child or young person are heard throughout the process. A parent can play an important advocacy role and ensure that their child's views are taken into consideration. This is particularly crucial where a child or young person is at risk of being, or has been, excluded from school. It is good practice to inform parents of how they might gain the support and advice of a practitioner, another adult or a relevant organisation which might assist them, advocate on their behalf or represent the views of the child or young person. It is also important for the child or young person to receive relevant support where necessary.

Children's Rights Officers and advocacy services have an important role to play in supporting children or young people who are being looked after by the local authority. Although a child with legal capacity, or a young person has the right to appeal, the role of the parent in supporting their child and ensuring their views are represented should be recognised and encouraged throughout the process.

The Scottish Ministers will consider complaints brought by parent(s) or other interested parties, who think the local authority has failed to fulfil its legal duty under any enactment relating to education, under section 70 of the Education (Scotland) Act 1980. If the Scottish Ministers are satisfied that an authority has failed to fulfil one of its legal duties, they may make an order requiring the authority to carry out that duty.

Hostings or managed moves

Some local authorities have introduced a policy to support children and young people where they are finding it difficult to maintain a placement in a mainstream school. A strategy that can be used is a 'hosting' arrangement between two educational establishments. This strategy is often used where the child or young person has been excluded on several occasions and where they may have also been receiving additional support. The objective of a 'hosting' arrangement may be to:

• sustain the child or young person in mainstream education and reduce any loss or time to a minimum; and
• provide a 'fresh start' of measurable benefit for a child or young person and therefore enhance the likelihood of success in a new learning establishment.

Any consideration of a host or managed move should include careful assessment and planning, involving both schools, parent, child or young person and any other agencies to determine whether this is the best course of action for the child or young person. The child or young person would move to the 'host' school for a trial period. During the trial period the base school would retain responsibility for the child or young person. However, following a successful trial period, if all partners (including the child or young person) agree for the 'host' school to take full responsibility for the child or young person, an appropriate date for a permanent move will be set. Managed moves can be used within a cluster of schools, a local authority or across local authorities. Careful assessment, planning and monitoring which considers the child's or young person's wellbeing needs should be carried out throughout this period.

Exclusion and referral to the Reporter

When considering whether a child or young person should be excluded because of serious disruptive behaviour, for example, physical assault on a pupil or member of staff; or, deliberate damage to buildings or equipment, consideration of referral to the Scottish Children's Reporter may be appropriate. The referral of a child or young person to the Reporter would be appropriate where there may be a need to intervene on a compulsory basis because the child or young person is deemed 'at risk' and his/her behaviour is giving serious cause for concern and should be addressed.

Referral to the Reporter would normally be considered once the school's formal processes have been followed, although in some cases it may be appropriate to refer at an earlier stage. Decisions to refer to the Reporter should be based on an assessment of wellbeing, involving the appropriate agencies and the pupil and their parent(s), to identify the interventions which may be required to meet the pupil's needs. Where police have been involved, they will automatically refer the child or young person to the Children's Reporter.

Children and young people who display particularly challenging behaviour may be the victims of neglect or abuse and/or be the witnesses of domestic abuse. All children's behaviour is a form of communication and schools have a responsibility to alert other services if they have child protection concerns. The individual circumstances of the learner, using a multi-agency approach, and the national practice model, should be considered as part of the decision on whether to make a referral to the Children's Reporter in line with local authority procedures. The grounds for referral are set out in section 67(2) of the Children's Hearings (Scotland) Act 2011 [44] . Schools, in consultation with the child, family and other relevant professionals, should be able to determine the appropriate course of action in such circumstances.

On referral, the Reporter will investigate the case and determine whether the evidence provided forms the basis for an assessment of whether compulsory measures of intervention may be required. If there is sufficient evidence of a potential need for compulsory measures, a Children's Hearing will be held. More information is available from the Scottish Children's Reporter Administration ( SCRA ) [45] and Children's Hearings Scotland [46] .

Resolution and ways forward

Return following exclusion

Prior to a child or young person returning to school, an update to the wellbeing assessment and planning should take place to ensure the right support is provided. Appropriate approaches and strategies should be developed to prepare the child or young person, parent(s), staff and peers to enable them to return to school in a positive way.

It is good practice to meet with the child or young person and their parent(s) to discuss their return to school and to agree the most appropriate supports moving forward. Return to school planning with the child or young person and their parent(s) may include arrangements for further planning including some discussion about the roles and expectations for all those involved, including the child or young person. This planning can take place through a formal meeting or as part of on-going discussions with all those involved. Identified supports leading on from a risk assessment, should also be discussed and put into place, where appropriate. It is not, however, a legal requirement to have a pre-return meeting, seek guarantees or contracts of behaviour with parents or young people before a return to school.

Re-admission should take into consideration preparing and meeting the needs of staff and other children and young people affected by the behaviour/incident which led to the exclusion and their need for follow-up support. It is good practice to hold a restorative or solution oriented meeting(s) with staff and the children and young people involved to help repair and restore relationships and trust as part of the return to school. On-going support and monitoring should be provided by appropriate staff, e.g. guidance staff, to ensure that the child or young person's wellbeing needs are being met.

In order to support the child or young person appropriately and enhance the transition back to school, it may be necessary in exceptional circumstances to implement a package of support that could be achieved using a flexible or part time timetable with an agreed timescale as to when this will end. Any such arrangements should be for a short, agreed period with the aims and conditions around this recorded in any support plan. This should also be recorded in SEEMiS with a new code which has now been created for children and young people who are returning to school on a part time basis following a period of exclusion.

Following discussion with SEEMiS the new code being introduced is:

When using this code, the time outwith school will be classed as ' authorised absence '.

All partners including parents and the child or young person should be involved in the development of this temporary, short-term arrangement. The child's plan should reflect the steps taken by the education authority to provide the child or young person with their statutory entitlement of hours, ensuring that their learning needs are met. Education authorities should be aware of and monitor carefully any such provision, including any targets and timescales for return to full time provision which is an entitlement. Education authorities may want to consider further guidance on appropriate timescales within their local context.

Following the child or young person's return to school after exclusion, support provision and planning mechanisms should continue to be regularly reviewed. Schools and education authorities should continue with their staged intervention systems as outlined earlier.

Removal from register

In 2014/15, only five pupils were removed from the register of a school [47] which is a significant reduction on previous years. In the context of education authorities' continuing duty to provide education, it is imperative that everything possible is considered to avoid such a situation. It is also important that removal from the register does not represent a failure to assess and implement the range of approaches and options available and involve the child or young person and their family.

In very exceptional circumstances it may be that the school believes that the child or young person's behaviour is such that it may merit their removal from the register of the school and therefore referral to the local authority for consideration. In such cases, this should be managed as a supportive way forward for the child or young person with transition planning put into place, in order to bring some resolution to the situation and avoid unnecessary gaps in educational provision.

Admission to a new school following removal from the register

Where the decision is made to remove a child or young person from the register, local authorities must arrange for new educational provision to be made with the appropriate supports put into place. This is usually in the form of attendance at another establishment. Arrangements for transfer of the child or young person to a new establishment should be made expediently to ensure minimal risk to the educational provision and to continuity of support. In addition, appropriate provision must be made during any period of exclusion. Where a plan is in place, consideration should be given to the need to transfer management of the plan.

Schools must ensure timely transfer of educational records and plans to support the effective transition of the learner to their new educational provision.

Email: Douglas Forrester

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG

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Primary education

Year 2 - can school say homework is compulsory.

Redcliff · 14/03/2014 17:15

I mentioned to one of the other mums at school today that I heard our sons teacher had been keeping children in a break time to finish homework if it hadn't been done and she went a bit crazy - turns out that she never does homework with her kids and when she asked her son today (after I opened my big mouth) he said that he had been kept in for the last two weeks for at least one break time. She told him they couldn't do this - is this right?

No, she's not right. Each school sets its own homework policy, in the same way that it sets its own behaviour policy. Whilst I don't think it's great to keep children in at playtime, and certainly not something I would do, if the school says that homework is compulsory, then it can also set sanctions if the homework is not completed.

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I would be very unhappy if my DS and I had decided not to do homework and the school forced the issue. He's only 7, so very young. I would ha e strong words with the teacher and highlight your decision and request they respect it

See where your coming from glass but I guess it makes sense for the school to set rules. When she told her son that they weren't allowed to keep him in I did interject with "maybe you (mum) could talk to the teacher - her son is a real sweetie and I couldn't bear the thought of him getting into trouble. I think she feels she hasn't got time or the desire to do the homework.

You're absolutely right that the mum should speak to the teacher rather than support and encourage her child to flout the school rules.

There is no law that says children must be set homework. However there are government recommendations. The issue here is very, very simple. Each school will have a homework policy, children must do homework in line with the policy or take the consequences in line with the policy. Parents are completely free to look for a school with a homework policy of their liking or to home-educate. As a teacher a would make a stand enforcing this out of fairness to the whole class.

"Parents are completely free to look for a school with a homework policy of their liking" as free as 0.2 catchment areas allow.

I would have expected the teacher to have spoken to the parent if the boy had missed so much homework rather than just keeping him in at play/lunchtime. My DD school has been set homework Mon-Thur (due back the next day) since yr 2, it's something that you just get used to and get on with it.. Think it was just 10 mins a day in yr 2, working up to 30 mins now in Yr 5 + reading & spellings on top. If a child doesn't finish their homework without good reason (usually because they forgot to take it home with them) then the teacher does keep them in (yr 5) but I've asked if DD could be allowed to do the occasional piece at the weekend if she's had a sports match after school followed by a club, and was told that was fine so there is some flexibility. Personally I'm all for homework if it helps my DD progress. She doesn't seem to mind as it's something she is used to and am hoping that the transition into secondary school will be easier.

Thankfully my sons school listens to parents and is able to differentiate in regards to completing homework. The kids are generally v bright and the homework doesn't achieve much really.

actually tiggy, I thought that at primary they couldn't enforce uniform?

It is often said on MN that school uniform can't be enforced at primary school, but that simply isn't true. As Tiggytape says, primary schools can adopt a uniform policy and can enforce it. The difference is in the range of sanctions open to them; unlike secondary schools, they cannot exclude pupils for not wearing uniform (although I gave seen differing opinions even on this point).

I'm not going to quote the relevant law again but the basics are that a school can make pretty much any rules it wants within reason to in order to regulate the behaviour of pupils (which includes wearing uniform, doing homework, etc.) and can enforce those rules provided it has a clear policy and follows it. Regarding exclusions for uniform in primary schools, it used to be the case that DfE guidance said a pupil should only be excluded for regularly and defiantly breaching uniform rules. That was unlikely at primary school. The latest guidance simply says that any exclusion must be in line with legal requirements. My take is that this theoretically means a primary school pupil could be excluded for breaches of uniform regulations, but personally I think that would be inappropriate.

Thank you, prh47bridge. That is what I was grasping for.

At the school I teach at the deputy head calls the parent and reminds them of thd contract they signed eg uniform, homework detentions. He also reminds them if they don't like it they can move them elsewhere....

Actually I think the Mum is in the wrong here. If she has a fundamental disagreement with homework in principle she should be discussing her views directly with the school not be leaving it to her son. Lack of time is a bit pathetic. I'm a single parent that works fulltime in a professional occupation including on-call hours nights and weekend. I am still able to find time to hear DS's read at least 5 times a week, supervise violin practise, read bedtime stories to each DS AND supervise homework at weekends. Unless the amount of homework set is excessive then most people have plenty of time. DS in year 1 has maths, literacy and spellings given out on Friday to be handed in by Thursday. Literacy is usually a comprehension sheet, maths a worksheet related to class work. The maths sheet usually takes him less than 5 mins to complete, the comprehension sheet maybe 10 mins max.

Can I ask if schools can also ban packed lunches? This has happened at our school this term, because the school wants a bigger take up of school dinners which are cooked on site (makes it more economical for the school, but also nominally in support of 'healthy eating', although the school dinners are far less healthy than the food my son used to eat in his lunch box).

Tiptabletops - yes, I think they can.

Thanks for all the feedback - I thought that would be the case. I don't know why the teacher hasn't spoken to the mum - there are some very challenging children in the class (1 spat in my sons hair last week) and as the "non-homework" boy is fairly well behaved maybe it just slipped under the rader.

In Scotland you actually can't enforce school uniform (at least at primary level). This came up in Parent Council as part of an extensive discussion about length of skirts....

No, they can't make it compulsory, nor can they punish your child for not doing it, unless you signed the home/school agreement. We had this at my ds schools and it took several stern letters and threat of further action before they stopped suggesting they did detention. I even went into school to take them out of one once. Fair enough, if you agree that is fine, if you sign consent its fine.

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I just don't understand why you wouldn't work alongside your child's school and actually go in and remove them..... What message does that send?

wannabe It says stand by your convictions and don't be a sheep for the sake of following others. There is no benefit to homework at this age, they were at school all day and my opinion is they had enough time to teach.

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An overview of the Scottish education system

Scotland has its own qualification framework that is separate from the one set for England, Wales and Northern Ireland, but each one is recognised around the UK. England and Wales follow the National Curriculum (with the exception of the Foundation Phase in Wales), Northern Ireland follows the Northern Ireland Curriculum and Scotland follows the Curriculum for Excellence (also known as the CfE) for nursery, primary and secondary schools.

Children in Scotland complete seven years of primary school, starting in P1 (the equivalent of Reception classes in England), going up to P7 (the equivalent of Year 7 in England). After this, they do six years of secondary school from S1 to S6 (equivalent to Y8 to Y13 in England). Secondary schools in Scotland are also known as high schools or academies.

What is the Curriculum for Excellence?

The Curriculum for Excellence is a major educational reform with the aim of providing a wider, more flexible range of courses and subjects. As the Scottish government only sets guidelines about the school curriculum, schools needn’t stick to rigid learning paths and can make their own decisions on what to teach pupils.

There are three core subjects that schools must ensure are taught: health and wellbeing, literacy and numeracy. Other than that, they’re free to:  

• introduce projects that use skills and knowledge from more than one subject, leading to joined-up learning
• teach about people and places from their local area
• ask pupils about areas they’re interested in studying

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As a parent, you are legally responsible for making sure that your child is educated. This usually means going to school, although some parents choose to educate their child at home.

This Scottish Government parent guide to school attendance includes information on:

• what to do if you child is ill and will be off school
• holidays during term-time; and

When will my child start school?​​

Generally, children in Scotland start school when they are aged between 4½ and 5½ years old. When they are eligible to start school depends on when their fifth birthday is:

• If your child’s birthday is on or between 1 March-31 August, your child will usually start school at the beginning of the Autumn term in the August the year they turn 5.
• If your child’s birthday is on or between 1 September-last day in February, your child will usually start school at the beginning of Autumn term in the  August before they turn 5.

Deferred Entry to School

If your child is still 4 years old on the date they are due to start primary school, you can choose to delay your child's entry to primary school by a year. Children who have deferred entry to primary school are now entitled to an additional year of funded early learning and childcare (ELC).

Choosing to delay your child’s entry to school is a big decision. You will want to think carefully about what is in your child’s best interests. The Scottish Government’s website provides information about things you may want to consider before you decide.

Look at your local authority’s website to find out more about how to apply for deferred entry and an additional year of funded ELC in your local area. Some local authorities have a cut-off date for applications.

Your child’s ELC setting and the primary school they will attend, can also provide helpful information. 

At what age will my child leave school?

In Scotland, if your child's 16th birthday falls on or between 1 March and 30 September, they can leave school in the May of that year. If their birthday falls between October and February, they can leave at the start of the winter holidays.

Useful documents and websites

PDF file: School education in Scotland - A guide for refugees (271 KB) -  Information about the school system in Scotland, including when children start and finish school and what children study.

The Scottish Government, Local Authorities and schools are working hard to ensure that moving to Scotland has a positive effect on the educational outcomes of children from Armed Forces families. The Forces Children's Education  website has been created in order to bring all these efforts together and put the resources that parents and the education professionals who support their children need, together in one place.

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