Refugee and Asylum-Seeking Families: School Rights in Scotland
Every child in Scotland has the right to free education regardless of immigration status. How to enrol, EAL support, free meals, and organisations that help.
Every child in Scotland has a legal right to free education. This includes children of asylum seekers, refugees, and families with no immigration status at all. No school can turn your child away.
This guide explains your rights, how to get your child into school, what support is available, and where to go for help. It is written to be as clear and practical as possible.
The law is on your side
The Education (Scotland) Act 1980 requires every local authority to provide adequate and efficient education for all children of school age in its area. There is no immigration status check. This means:
- Refugee children have full rights to education
- Asylum-seeking children have full rights to education
- Children with no immigration status have full rights to education
- Children of undocumented families have full rights to education
The school cannot ask for a passport, a visa, or any Home Office paperwork. Your child’s right to education does not depend on your immigration case.
How to enrol your child
You do not need to wait for immigration paperwork. You can enrol your child as soon as you arrive in Scotland.
- Contact your local council’s education department. Tell them your address and your child’s age. They will identify the catchment school.
- You do not need a passport or visa. The council may ask for proof of address (a letter from your accommodation provider is enough) and your child’s date of birth.
- The council will find a place. Your catchment school is legally required to offer a place. If it is full, the council must find an alternative nearby.
- Your child can start quickly. Most councils aim to place children within a few days of the request.
If you are living in asylum accommodation (such as a Mears Group property), your accommodation provider or support worker can help you contact the council. You can also walk into any school and ask for help — they will point you in the right direction.
Age-appropriate placement
Scottish schools place children by age, not by prior schooling. If your child is 8, they will go into the year group for 8-year-olds (P4), even if they missed years of school in another country. If your child is 14, they will go into the year group for 14-year-olds (S3).
This is deliberate. Children do better when they are with others their own age. The school will then assess what academic support your child needs and put it in place.
English as an Additional Language (EAL) support
Your child does not need to speak English before starting school. Scottish councils provide EAL support to help children learn English while studying their other subjects. This can include:
- Bilingual support workers who speak your child’s home language
- Specialist EAL teachers who work with your child in the classroom or in small groups
- Visual timetables and translated materials to help your child navigate the school day
- The New Scots programme, which helps refugee children settle into school life
- Peer buddy systems, where other pupils support new arrivals
EAL support is provided at no cost. It is part of the school’s duty to meet your child’s needs under the Additional Support for Learning framework.
Free school meals
Asylum-seeking families are automatically eligible for free school meals at every stage — primary and secondary. You qualify if you receive support under Part VI of the Immigration and Asylum Act 1999, which covers most families in the asylum process.
In addition, all children in P1 to P5 receive universal free school meals regardless of circumstances.
You should still complete the free school meals application through your council, because this also unlocks:
- School clothing grant (typically £150 or more per child per year)
- Holiday food payments in many council areas
- Help with school trips and activities
School clothing grant
Asylum-seeking and refugee families who qualify for free school meals also qualify for the school clothing grant. This is a cash payment (typically £150–£200 per child, depending on the council) to help buy school uniform, shoes and PE kit.
Apply through your council’s website or ask the school office for a paper form. Most councils process applications within two to four weeks and pay directly into a bank account or onto a payment card.
Trauma-informed approaches
Scottish schools are increasingly trained in trauma-informed practice. Many refugee and asylum-seeking children have experienced war, displacement, loss and difficult journeys. Schools understand this and are expected to:
- Provide a safe, predictable routine
- Avoid pressuring children to talk about past experiences
- Recognise that behaviour is communication — not defiance
- Work with educational psychologists when children need specialist support
- Connect families with counselling and wellbeing services where available
If you feel your child is struggling, speak to the class teacher or the school’s pupil support team. You can also ask for an interpreter for the meeting.
The New Scots Refugee Integration Strategy
The New Scots Refugee Integration Strategy is a partnership between the Scottish Government, local authorities, and the third sector. It aims to help refugee families integrate from day one, including through education. Under this strategy:
- Schools receive guidance on welcoming refugee learners
- Councils coordinate support services across education, health and housing
- Community organisations provide additional language and cultural support
- The strategy recognises that integration starts in the classroom
This means your child’s school should already have a framework for welcoming and supporting them. If the school seems unsure, ask them to refer to the Welcoming Our Learners resources published by Education Scotland.
Organisations that can help
These services are free and available to all refugee and asylum-seeking families in Scotland:
- Scottish Refugee Council — free advice on education, housing, welfare and legal rights. Phone: 0808 196 7274. Website: scottishrefugeecouncil.org.uk
- British Red Cross — refugee support services across Scotland, including family reunion and orientation. Website: redcross.org.uk
- Glasgow ESOL — free English classes for adults in Glasgow, and a gateway to other ESOL provision across Scotland
- Welcoming Our Learners — Education Scotland’s resources for schools supporting refugee and asylum-seeking children. Ask your child’s school if they use these materials
- Citizens Advice Scotland — free, confidential advice on benefits, housing and education rights. Available in every council area
- Enquire — Scotland’s national advice service for additional support needs in education. Phone: 0345 123 2303
Your rights are clear
Your child has a legal right to a free school place in Scotland. No passport, no visa, no immigration paperwork is needed. The school must accept your child, provide language support, and make sure they are safe and included.
If you are unsure about anything, phone the Scottish Refugee Council on 0808 196 7274. They speak many languages and can help you with every step — from enrolment to free meals to finding English classes for yourself.
You are not alone in this. Scotland has support in place for your family. Use it.
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Frequently asked questions
No. Under the Education (Scotland) Act 1980, every child of school age living in Scotland has a right to free education. The council cannot ask for a passport, visa or immigration status. Your child can start school with no documents at all.
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