PROBLEM: As an 18-year-old who voted in the recent general election, I find it frustrating that as a fifth-year Leaving Cert student I am still treated as a child. In class I still have to raise my hand to ask to go to the toilet. My parents receive all communications relating to my academic progress . There are third-level students younger than me who are not treated in this manner. Surely I am entitled to be treated as an adult at my age in my school?

ADVICE: The law as laid out in section 9(g) of the Education Act 1998 clearly states that a school shall use its available resources to "ensure that parents of a student, or in the case of a student who has reached the age of 18 years, the student, have access in the prescribed manner to records kept by that school relating to the progress of that student in his or her education."

Furthermore, under our data-protection legislation, a person ages 18 or older has control over his or her personal data. The office of the Data Protection Commissioner has indicated that it is conceivable a school may give a choice to students who reach the age of 18 about whether they wish to directly receive updates on their progress or have their parents continue to receive updates for as long as they remain a student at that school.

It has also indicated that, when it comes to the release of data from a school in relation to any student, as a matter of constitutional and family law a parent has rights and duties in relation to a child.

As a general rule in the area of education, when the issue arises in relation to the release of personal data from the school to any external body, a student aged 18 or older may give consent themselves.

In the case of younger students, those aged 12-17 inclusive should give consent themselves, along with their parents or guardians.

As a result of children starting school later, and most now also taking transition year, the majority of sixth years and a fair proportion of fifth-year students are adults in the eyes of the law. But they have no recognition as such in our second-level schools when it comes to rules of behaviour and communication of data.

There is a conflict between the law as laid out in both the Education Act and data-protection legislation and the culture and practices of our secondary schools.

If schools were to act in compliance with the law, they would cease to communicate in any manner with parents or guardians once students turn 18, unless the students in question voluntarily sign an authorisation to enable the school to continue to do so.

Far from seeing this as a negative, schools should comply with the law of the land and treat 18-year-olds as adults in every way, including the exercise of basic bodily functions without seeking the permission of a teacher.

This would go a long way towards preparing them for the reality of college and working life, which they will face the moment they step out the school gate after they complete their Leaving Cert. Many students, when presented with the reality of exercising total responsibility for their performance and behaviour, would find the challenge quite daunting.

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