Education (Welfare) Act, 2000
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School attendance notice. |
25.—(1) Subject to section 17 (2), the Board shall, if of opinion that a parent is failing or neglecting to cause his or her child to attend a recognised school in accordance with this Act, serve a notice (hereafter in this section referred to as a “school attendance notice”) on such parent— | |
(a) requiring him or her on the expiration of such period as is specified in the notice, to cause his or her child named in the notice to attend such recognised school as is specified in the notice, and there to attend on each school day that the notice is in force, and | ||
(b) informing him or her that if he or she fails to comply with a requirement under paragraph (a) he or she shall be guilty of an offence. | ||
(2) A school attendance notice under this section shall remain in force for such period as may be specified in the notice or until it is revoked by the Board. | ||
(3) Before making a school attendance notice the Board shall, in such manner as it considers appropriate, make all reasonable efforts to consult with— | ||
(a) the parents of the child concerned, and | ||
(b) the principal of the recognised school that the Board proposes to specify in such notice, | ||
and shall, when so specifying a recognised school, have regard, as far as is practicable, to the preference (if any) expressed by the said parents. | ||
(4) A person who contravenes a requirement in a school attendance notice shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500, or to imprisonment for a term not exceeding one month, or to both such fine and imprisonment. | ||
(5) A person guilty of an offence under subsection (4) shall, on each day after having been convicted of such offence on which he or she continues to contravene a requirement in the school attendance notice to which that offence relates, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200, or to imprisonment for a term not exceeding one month, or to both such fine and imprisonment. | ||
(6) In proceedings for an offence under this section it shall be a defence for a parent to show that he or she has made all reasonable efforts to cause the child to whom the proceedings relate to attend a recognised school in accordance with this Act. | ||
(7) In proceedings for an offence under this section the burden of proving that— | ||
(a) the person to whom the prosecution relates is not a child, | ||
(b) under section 7 (2)(d) or (g) the child to whom the prosecution relates is not required to attend a recognised school, or | ||
(c) the child to whom the prosecution relates is being educated outside the State, | ||
shall be on the defendant. | ||
(8) Where a parent— | ||
(a) is convicted of an offence under this section, or | ||
(b) in proceedings for such an offence, shows, in accordance with subsection (6), that he or she has made all such efforts as are referred to in that subsection, | ||
the Board shall forthwith so inform in writing the health board of the area in which that parent resides. |