Parents and the magistrates court
What the law says:
Article 45 of the Education and Libraries (NI) Order 1986 places a duty upon the parents/guardian of a child of compulsory school age to cause that child to receive efficient full time education.
Schedule 13 of the Education and Libraries (NI) Order 1986 states that if any child of compulsory school age who is a registered pupil at a school fails to attend regularly then the parent of the child shall be guilty of an offence.
Factors which may lead to legal action
Where parents avoid any contact with the Education Welfare Service and do not respond to letters or invitations to meetings.
Where parents decline to work in partnership or to co-operate with suggested intervention for their child.
Where parents are openly hostile and/or verbally aggressive towards EWS staff and it proves impossible to engage in any positive action or intervention in the interest of the child.
Parents and the family proceedings court
Education Supervision Orders were introduced into Northern Ireland in November 1996 when the Children (Northern Ireland) Order 1995 became law.
They encourage parents and children to work in partnership with a supervising officer and each other, to benefit both the child and the family.
What is a parental prosecution?
Who has to attend the court hearing?
Who will be at the court hearing?
What are the possible outcomes of a court hearing if convicted?
What happens after a court appearance or hearing?
What is an Education Supervision Order?
What will happen?
Will my child and I have to attend court?
Who will be in court?
When is an Education Supervision Order granted?
How long will the Education Supervision Order last?
What are Directions?
What happens if the Education Supervision Order fails?
What is a parental prosecution?
An application to prosecute a parent (or carer) is made to the Magistrates Court by the education welfare service when the parent is in breach of the above legislation by having failed, despite repeated warnings, to ensure that their child attends school regularly and punctually.
Who has to attend the court hearing?
Parents will receive a written summons which requires them to attend the court.
Children are not required to attend but need to be made aware of the seriousness of legal action.
Who will be at the court hearing?
There will be a Magistrates present to hear the case.
A senior education welfare officer representing the education and library board will provide the magistrates with a copy of the child's attendance record and other relevant facts.
An education welfare officer will normally be available to the Court should further information be required.
A duty solicitor may be in attendance to offer advice to the parents at court although parents are advised to seek legal advice prior to the hearing.
Members of the public and press may also be in court although press reporting can be restricted by order of the court.
What are the possible outcomes of a court hearing if convicted?
Magistrates are currently empowered to:
- Fine each parent up to £1000 for each child
- Give a conditional discharge for a period of time. This means that if a parent is convicted of a further offence during this period of time, the court will take the conditional discharge into account.
- Give an absolute discharge
- In addition the Court may direct the education and library board to reconsider applying for an Education Supervision Order.
What happens after a court appearance or hearing?
The school attendance of your child is expected to reach an acceptable level and to be maintained. If this does not happen then further legal action may be taken by the Education Department.
What is an Education Supervision Order?
Education Supervision Orders are:
- Part of the Children (Northern Ireland) Order 1995
- Heard in the Family Proceedings Court.
- Only suitable when there is a level of co-operation between the education and library board and the family.
- Intended to support parents in fulfilling their legal responsibilities
Education Supervision Orders are not:
- Criminal proceedings.
- Designed to punish the parents or the child.
What will happen?
The Education Welfare Officer who has been working with the family will prepare a comprehensive report on the situation, taking into account the welfare checklist.
This report will be shared with the family who will have the opportunity to record any disagreement.
The report will include a work plan, which will tell the Court of the intended educational provision, any other agencies to be involved and any direction to be included.
Will my child and I have to attend court?
Yes, you and your child will be directed to attend the family proceedings court. The setting is less formal than in an ordinary court. Family proceedings courts are specially designed to hear reports about family matters.
Who will be in court?
Your education welfare officer will be in court with you throughout the hearing.
Usually there will be three magistrates who will hear the evidence provided by the education and library board. A solicitor from the board’s joint legal service or a senior education welfare officer will act for the education board and present the case.
You are entitled to have a solicitor represent you in court. The court may appoint a separate solicitor to act in the interests of your child if it feels it is necessary.
When is an Education Supervision Order granted?
The Court must be satisfied that:
- A child of compulsory school age is not being properly educated.
- That making an order would be better than making no order.
Regard will also be given to what is known as the welfare checklist. This includes:
- The ascertainable wishes and feelings of the child.
- His or her physical, emotional and educational needs.
- The likely effects of a change in circumstances.
- His or her age, sex and background.
- Any harm suffered or at risk of suffering.
- The capability of parents or other relevant persons in meeting his or her needs.
- Other powers available to the Court.
The education and library board has to consult with the Social Service Department before applying for an Education Supervision Order to ascertain if they have any objections or contributions to the plan.
How long will the Education Supervision Order last?
The order will initially be for one year. Before the end of that year, an application can be made for the order to be extended for up to three years.
However, an order cannot continue once your child has passed compulsory school age.
An application to discharge the order can be made before it is due to end by you, the education board or your child. If you wish to do this you need to apply to the court. If the court agrees that there are no longer reasons for an order to exist, the court may discharge it.
What are Directions?
A Supervising Officer is empowered to give directions to the child or the parents/guardians.
These could be:
- To attend meetings or appointments.
- To undertake an assessment or examination.
- To allow the supervising officer regular access to the child.
Directions should:
- Only be used when necessary.
- Be reasonable.
- Be confirmed in writing.
What happens if the Education Supervision Order fails?
The matter can be referred back to the Family Proceedings Court.
Parents can be prosecuted in the Magistrates Court if they have failed to follow directions.
Social Services must investigate the child’s circumstances and consider whether to act to secure the welfare of the child.
