Education of children unable to attend school due to ill health: guidance

Annex A

Legislative Provisions

Section 14 of the Education (Scotland) Act 1980

For section 14 of the 1980 Act there shall be substituted-
"14 Education for children unable to attend school etc..

(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- .

(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.".

Section 135 of the Education (Scotland) Act 1980 - Interpretation

" educational establishment"-

(i) means a school and any institution for the provision of any form of further education and the premises of such school, or institution, and

(ii) without prejudice to the foregoing generality, includes a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992,a central institution, a hostel used mainly by pupils attending such schools or institutions, and a residential institution conducted under a scheme under the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or Part VI of this Act, but

(iii) does not include a university, a theological college, a hostel or other residence used exclusively by students attending a university or a theological college, or a club or other centre conducted by a voluntary society or body for the purpose of providing facilities for social, cultural or recreative activities or for physical education or training unless the society or body are in receipt of a grant from the Secretary of State or of a contribution from an education authority or have obtained the consent of the Secretary of State to the club or centre being treated in all respects as an educational establishment;

" pupil", where used without qualification, means a person of any age for whom education is or is required to be provided under this Act; and a pupil shall be deemed to be attending or in attendance at a school if he is shown by the register of admission and withdrawal kept at the school in accordance with regulations made under this Act, or by any other register approved by the Secretary of State and kept for a similar purpose, to have been admitted to, but not to have been withdrawn from, or to have been readmitted to, and not thereafter to have been withdrawn from, the school; and similar expressions, whether relating to schools or to other educational establishments, shall be similarly interpreted;

" school" means an institution for the provision of primary or secondary education or both primary and secondary education being a public school, a grant-aided school or an independent school, and includes a nursery school and a special school; and the expression "school" where used without qualification includes any such school or all such schools as the context may require