GDPR - How we share and use your information

Local authorities have a statutory duty to ensure that every child receives an efficient and suitable education, whether at school or through home education. This duty is set out in:

• Education (Scotland) Act 1980, Section 30 - Parents must provide efficient education, either by school attendance or other means
• Standards in Scotland's Schools etc. Act 2000, Section 14 - Local authorities must support and regulate educational provision

In addition to finding out about your home education plan, the local authority has a responsibility to gather information from its own education records and, where appropriate, from other services and agencies. This is to identify if there is any reason why consent to withdraw from school should be refused. The updated Scottish Government Home Education Guidance (2025) Home Education Guidance, paragraph 3.21, specifically states that local authorities should look at information from their own records and other services/agencies. Not doing this would be a concern, as it could compromise safeguarding and robust decision-making. The Scottish Government Guidance is statutory guidance made under the Standards in Scotland's Schools etc Act 2000 and local authorities must have due regard to this guidance.

We are transparent about this process and will always explain what information we are requesting, why it is necessary, and how it will be used.

Under the UK GDPR and Data Protection Act 2018, processing personal data is lawful when:

• Article 6(1)(c) - It is necessary for compliance with a legal obligation
• Article 6(1)(e) - It is necessary for the performance of a task carried out in the public interest or in the exercise of official authority

Our information gathering in relation to requests to withdraw a child from school to home educate falls under these lawful bases. Therefore, your consent is not required for us to request or process this information.

The Getting It Right for Every Child (GIRFEC) approach and national safeguarding guidance emphasise that local authorities must act fairly, proportionately, and transparently. We will always:

• ensure that only necessary and relevant information is collected
• handle all data securely and in compliance with GDPR and the Data Protection Act 2018