The right to education in Scotland
1 JULY 01
An overview of the right to education in Scots law and how the rights and duties within the state system might be expected to change
by Lesley-Anne Barnes
Education law is an underdeveloped area in our legal system. Rarely taught or practised in Scotland, it lacks the detail and precision found in more popular legal fields. However, successive governments, sensitive to the electoral importance of education, have increasingly empowered parents and this has resulted in a slow but steady rise in litigation throughout the UK.
Scottish solicitors are beginning to find more legally aware parents in their waiting rooms. These clients are unhappy with the legal profession’s disinclination to become involved in education. Many turn to English solicitors who, while knowledgeable about English education law, are unable, and understandably unwilling, to provide advice on Scottish law.