Judge tells Mayo mother she is responsible for sending her child to school

A JUDGE has warned a mother that she is responsible for her teenage daughter receiving an education in a 'crucial stage in her life' after she was prosecuted for not sending her child to school.

The mother of the 13-year-old girl appeared before a Mayo court where she was fined €300 after she pleaded guilty to failing to abide by their legal requirement to have her daughter attend her school under the Education Welfare Act 2000.

The court heard that the child had an absentee rate of 32 percent in the 2022/23 school year and the following year it was worse with an absentee rate of 46 percent. There were no medical reasons for her absence from school and despite giving reassurances the court was informed that matters have not improved.

Judge Sandra Murphy told the mother that her daughter is now a first year in secondary school and entering a crucial stage in her life and it is her responsibility that she goes to school. She said her daughter will be learning new subjects at school and that it was vital she goes to school because if she continues to miss out she will find it difficult to make up for the missed days in class.

The case against the mother was brought by the Child and Family Agency after they received a referral by the girl's national school in 2022 after she missed more than 21 days in the school year.

Siobhán O'Brien, an Education and Welfare Officer with Tusla said after the referral she met with the parent and the school principal who expressed concern there were no reasons for the child's absence. She added that parenting support was offered but the parent did not feel it was required.

Judge Sandra Murphy was informed that school attendance did not improve and the child has an absentee rate of 32 percent having missed 59 days out of 183 in the 2022/23 school year. The following year it was worse with an absentee rate of 46 percent or 85 days missed.

Ms O'Brien said that because there was no improvement, summonses were issued against the mother and the matter came before the court last March. She said she hoped matters would improve but explained that so far this school year, the child has missed 24 percent of school days. 

The secondary school she is now attending has since made referrals to the Child and Family Agency regarding her absences.

Ms O'Brien said it was her experience that when court proceedings start against a parent there is an improvement but there has not been an improvement in this case.

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The court heard that despite missing so many days, the child engages well in the school and has friends and there is no medical reason for her to be missing school.

Ms Samantha Geraghty, solicitor for the mother, suggested to Ms O'Brien that there has been a change in attitude from her client since the new year. However this was disputed by Ms O'Brien who pointed out the child has missed 2.5 days out of seven since Christmas.

Ms Geraghty pointed out her client has agreed to avail of parenting classes and her child has signed up with Foróige but the classes have yet to begin. Ms Geraghty said her client works part-time and has two older children who also live with her.

In her evidence to the court, the mother gave reassurances that her child will attend school and she will provide medical certs to explain any absence in the future.

James Ward, solicitor for the Child and Family Agency, said that she made these reassurances in the past and they were not fulfilled.

When asked by Judge Murphy why her child had not gone to school, the mother claimed she had been sick but Judge Murphy refused to accept this as an excuse. She said it was a fundamental right for a child to receive an education and this was a serious matter.

Judge Murphy said she would finalise the matter and fined the mother €300. She added it was in her hands to ensure her daughter goes to school and she did not want to see her back before the court again.