Authorities are coming down harder on school absenteeism, even taking legal action against guardians as a last resort, writes John Downes
Parents or guardians reading recent news headlines about school truancy might be forgiven for reacting with alarm to the news that they face court appearances, fines and even jail if their children do not attend school.
Earlier this week, it emerged that warrants had been issued for the arrest of eight parents in the Rathkeale area of Limerick for failing to keep their children in school. The warrants were issued by the local District Court following cases taken in July last year under the Education (Welfare) Act, 2000. At that time, 10 parents were given three months to pay fines imposed by the court.
However, warrants have now been issued for eight of the parents who failed to pay the fines, with these parents facing up to 40 days in jail.
According to evidence presented in court, the parents of the five children involved are members of the transient Travelling community. They had addresses in Rathkeale but spent long periods abroad, mainly in Germany, working in construction.
Elsewhere this week, a mother of two admitted in Tallaght District Court that she had failed to ensure that her children attended school.
The older boy, aged 12, attended school 29 days out of a total of 141, while her younger son, aged nine, attended 42 days out of a possible 141. The case is due to be heard again at the end of the month.
As this week's cases highlight, educational welfare authorities are becoming increasingly proactive in clamping down on school absenteeism.
If recent research by the National Educational Welfare Board (NEWB) is anything to go by, however, many Irish parents believe that taking their children out of school during term time is not always such a big deal.
The study showed that almost one in six parents take their children out of school for holidays during term, with nearly half of these citing cheaper holidays or fares as a reason for doing so.
Only one in 10 of those surveyed believed that time missed from primary or secondary school would impact on schoolwork.
Arguably more worryingly, 84,000 children under the age of 16 miss more than 20 days each year, NEWB figures show. Last April, it also emerged that at least 800 students are failing to make the transition from primary to secondary education every year.
Poor school attendance is seen as a key factor in this, with students entering a cycle of non-attendance whereby they fall behind in their studies. When and if they do return to school, they can find the experience progressively more difficult, especially if they are taken to task for failing to keep up.
WHAT THE TWO cases this week also reveal is the range of sanctions available to the NEWB in its attempts to combat school absenteeism. According to its chief executive, Eddie Ward, there is a clear distinction to be drawn between "casual" absenteeism, as perhaps best evidenced by parents taking their children out of school for holidays, and "chronic" or more long-term absenteeism.
Among the many factors affecting chronic absenteeism are family background, including parents' own experiences of the education system, and any parental health issues that might exist, he says. Others include their socio-economic situation and their relationship with the social services.
The NEWB looks to address these factors through a multidisciplinary approach involving its own educational welfare officers, social workers, the HSE and others, such as the Barnardo's children's charity.
Sometimes even just ensuring that a child has a hot meal to come home to in the evening can make a child's experience of school more positive, he says.
But court appearances and the threat of fines and/or imprisonment, while very much a "last resort", remain an essential tool to help ensure compliance with the law, Ward believes.
That viewpoint is echoed by Tommy Walsh of the National Parents Council - Post-primary, who says that, while he would not wish to see any parent sent to jail, it is important the law is enforced.
The first step in enforcing the law is the issuing of a school attendance notice. The board has issued 146 such notices in relation to 102 children so far this year, compared with a total of 196 in respect of 137 children for the whole of last year.
Officers would usually find themselves in a position of having to take legal proceedings when they determine that the parent or parents in question are guilty of wilful neglect, Ward says.
"Non-attendance at school is a very complex issue," Ward acknowledges.
" Irish society wants our children to attend school and wants those parents who fail in their duty to be punished under the law." However, according to Martin Collins of the Pavee Point Traveller Centre, the particular needs of children from Traveller families requires a more flexible education system than the one that exists.
Pavee Point encourages members of the Travelling community to send their children to school, as it believes it is crucial that they engage with the system rather than remaining outside it.
But it is perhaps not surprising that some parents from the Traveller tradition might be slow to send their children to schools where they may face insensitivity to their culture and traditions at best, and outright racism, harassment and hostility at worst.
"I do understand that in the Rathkeale situation the NEWB did try to facilitate and enable the Traveller families to comply, and I do understand that it was a last resort," he says.
"But the education system is not respectful of the Traveller. It needs top-down fundamental reform so that it can be flexible and innovative enough for a community that want to continue with their heritage."
SO, WHERE DOES all this leave us? According to Ward, there is clear evidence that the more proactive approach taken by the NEWB is working in Rathkeale and elsewhere. He says that for the first time this year, students from Traveller backgrounds have made the transition to second level in the area. The NEWB's own statistics also state that 12 children are now at school because legal action was taken last year.
But he warns that the number of staff his board can employ is still far below the level that was originally envisaged when it was set up in 2002.
Others, such as Collins, suggest that the threat of removal of child-support payments might have an even greater effect on school truancy rates than the prospect of jail time and/or court fines.
Perhaps another option might be to consider the roll-out of a similar system of automatic phone calls, text messages or e-mails to parents if their child is absent from school.
Introduced earlier this year in a school in Dunshaughlin, Co Meath, the Truancy Call system presupposes a level of interest in school attendance that may not always be present among parents, for a variety of reasons.
And therein, arguably, lies the greatest challenge.
Clampdown on truancy: the penalties guardians face
School Attendance Notices (SANs) are the first step taken by the National Educational Welfare Board (NEWB) when it decides to enforce the law, and are issued as a last resort. In 2006, 196 SANs in respect of 137 children were sent to parents or guardians of children who were not attending school regularly.
When an SAN is issued, the educational welfare officer begins a formal monitoring process of the child's situation. During this time the parent or guardian is provided with the opportunity to address the underlying issues in liaison with the officer, the school, and others. In exceptional cases, where there is no progress and the child remains out of school, the board will consider taking a prosecution. Cases are heard in the District Court.
The first cases for non-attendance at school under the Education (Welfare) Act 2000 were heard in 2006. A total of 34 legal proceedings were initiated against the parents of 17 children. According to the NEWB, the outcomes of the proceedings were:
- five sets of parents (10 in total) of five children were fined
- nine cases (relating to five children) stand adjourned
- proceedings against 13 parents (relating to six children - one set of parents was prosecuted twice) were withdrawn following enrolment of the children in school or an improvement in attendance
- proceedings against one set of parents were withdrawn as the family no longer resides in the State
- 12 children are now at school because legal action was taken
So far this year, there have been 146 SANs issued in relation to 102 children.
Imposing a sanction on parents or 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 or guardians.
The law provides that, upon conviction, either a fine or up to one month's imprisonment, or both, may be imposed.