Absences to Action: Navigating school attendance and the consequences

Sophie Collins

Every child’s school years are incredibly important for their development.

From language ability, to social and behavioural skills, it is imperative that they keep up a regular attendance.

According to the law, schools must keep a register of the students attending the school.

It is also their responsibility to maintain attendance records for all students and inform the Child and Family Agency’s educational welfare services if a child is absent for more than 20 days in one school year.

Parents play the main role here and are held accountable by the state if they do not comply with the rules and regulations laid down under the Education Welfare Act 2000.

In fact, if parents or guardians of a child of school-going age ignore warnings from authorities on their child’s attendance, they can face hefty fines and even a short stint in jail.

Here’s what you need to know:

Under the Education Welfare Act 2000 parents have to let their child’s school know if their children will be absent on a school day. They must also provide the reason for the absence, such as illness – which is best done in writing.

“The Child and Family Agency strongly advises against taking children out of school to go on holiday during term-time,” according to citizen’s information.

Parents and guardians have a legal obligation to make sure that their kids attend a school or else receives an education in another way. If Tusla considers that a parent is failing in his or her obligation, it must send the parent a ‘School Attendance Notice’.

The warning explains to the parent that legal action will follow if the child does not attend school regularly. Tusla must make reasonable efforts to consult with the parents and the child, before sending the warning.

If the parent fails to comply with their first warning, they may face prosecution. If convicted, the parent may be fined and/or imprisoned for one month. They can also be fined for each subsequent day that they fail to send the child to school.

If the parent claims that suitable alternative education is being provided, they must prove this. It will be a defence for the parents to show that they have made all reasonable efforts to send the child to school – in such cases, the Child and Family Agency must be informed.

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