27 March 2006
NEWB Take First Case to Court

Taking legal action is a very serious matter and is an action of last resort says the National Educational Welfare Board

The National Educational Welfare Board (NEWB), the agency with responsibility for ensuring that children attend school regularly or otherwise receive an education, confirms that it has taken its first school attendance case to court today (Monday 27 March 2006).

Over the coming weeks further prosecutions will be heard in District Courts in various parts of the country.

Every child is entitled to receive an education and it is up to parents and guardians to ensure that their child attends a school or otherwise receives an education. If they fail in this duty, they are breaking the law and so can be prosecuted.

The parents / guardians involved in these cases received a School Attendance Notice warning them that legal action would follow if the children did not attend school regularly. However the children did not return to school and the Educational Welfare Officers involved considered that the parents could do more to bring about change. In these circumstances, legal proceedings had to be pursued.

Taking legal action against a parent / guardian is a very serious matter at any time and there must be a clear view that it will leave the family, and importantly, the child, in a better position. The Educational (Welfare) Act, 2000 prioritises the welfare of the child and it is on this basis that the Board carries out its work. Legal action is a measure of last resort.

Imposing a sanction on parents / guardians for non attendance is the responsibility of the court in each case having heard all the evidence including that of the Educational Welfare Officer and the parents / guardians. The law provides that upon conviction that either a fine or up to one month's imprisonment or both may be imposed.

Because legal action is a very last resort, NEWB expects court proceedings to form a very small percentage of its work. The Board's main emphasis is on the welfare of the child and the family and on ensuring that concerns and problems are dealt with before school attendance becomes a crisis issue.

The NEWB's strict policy of confidentiality precludes the Board from disclosing information regarding any case.

Today's case was heard in the Children's Court in camera. The NEWB is hopeful that the prosecution will have a positive impact on the educational welfare of the child and the Board will continue to work with the family to ensure the child's right to an education is upheld.

For further information contact:
Elaine O'Mahoney : 01 8738603 / 087 1308799