Parents fined for failing to send children to school

The parents of three boys who failed to send their sons to school over a prolonged period were each fined €500 when they appeared before Judge James Faughnan at Roscommon District Court.

The parents were before the court for, as a parent and without lawful excuse on January 29th, 2025, and on subsequent days, contravening a lawful requirement by failing to cause their sons to attend school.

The case was taken by the Child and Family Agency against the couple who said they did so on a constitutional basis with solicitor James Ward appearing on behalf of the agency.

The children were not named in open court but were referred to as S who is 16, K who is 11 and F who is 8 -years-old.

Catherine NcManus, education officer, told the court that referrals had been received from the schools concerned. The two older boys had not attended since June 2022 while the younger boy has not been registered. She said they tried to engage with the parents via phone, letters and visits.

“They did not engage with the service.” She added: “The children are completely out of the system.” In January school attendance notices were issued in relation to all three. “There is 100 percent absenteeism. None of them have attended or registered as required.” 

The father who represented both himself and his partner put it to the witness that their youngest son had never been enrolled in any school and they as parents have a right to educate at home.

He said they did not sign a form as it was “unconstitutional”, and they had notified Tulsa of their intentions.

In direct evidence he said he was taking the matter to the High Court. He told Judge Faughnan that he (the judge) had already dealt with the case, but Judge Faughnan said he had never heard the case before. Prior to the hearing the father had also asked the judge to recuse himself on this basis.

The defendant said he and his partner were “standing on constitutional grounds,” and had notified Tulsa but they refused to deal with them for 18 months.

He said they would not sign a form as they would be “signing up to a regime for the next ten years,” adding “that form does not align with the constitution.” 

He said: “It is my constitutional right to educate my children at home.” 

Judge Faughnan told the defendant: “There are laws of the land, you are entitled to educate your children at home, but the High Court has set out parameters for that.” He replied that he could not sign the form in question.

Judge Faughnan said he was satisfied that the Child and Family Agency was entitled to bring the case. He heard that Judge Deirdre Gearty had heard a similar matter and that the couple had previously been fined €150 but this was appealed. However, the fine was reaffirmed by Judge Desmond Connolly in the Circuit Court.

Judge Faughnan was also told that the father is not working but his partner works full time. He fined her €500 for failing to send child K to national school and also fined the father €500 for failing to send child S to secondary school. Following queries, he told the couple they are entitled to appeal his ruling.

*Published under the court reporting scheme.