Dáil Éireann Debate, Wednesday - 6 May 2026
302. Deputy Mattie McGrath asked the Minister for Education and Youth if parents can be criminally prosecuted where their child does not attend secondary school; and the specific failures or omissions on the part of a parent that must occur before a conviction can be secured under the Education (Welfare) Act 2000. [32442/26]
View answerSince January 2021 Tusla Education Support Service (TESS) is under the remit of my department. TESS has three strands namely the statutory Educational Welfare Service (EWS) and the two school support services, the Home School Community Liaison Scheme and the School Completion Programme. The three TESS strands work together collaboratively with schools, families and other relevant services to achieve the best educational outcomes for children and young people.
The EWS is the statutory strand of TESS operating under the Education (Welfare) Act, 2000. The EWS supports parents and schools to ensure that all children and young people aged from 6 years to 16 years, and who have not completed 3 years of post-primary education, either attend school regularly or otherwise receive a certain minimum education, to ensure and secure every child’s entitlement to education.
The EWS takes a welfare-based approach in its interventions. The work of the EWS is underpinned by the principle that the children and young people and their families are best placed to resolve issues of school attendance with the support of those around them. The main priority of the work is around the welfare of children and young people and to ensure that concerns around attendance are addressed before attendance becomes a crisis issue.
Where the EWS forms the opinion that the parent/s are failing or neglecting in their duty to cause their child to attend school regularly, the EWS has the power to take legal action against the parent/s under Section 25 of the Education (Welfare) Act, 2000.
Often the involvement of other services with the family is sufficient to bring about change. In exceptional cases, the EWS will consider taking a prosecution. A School Attendance Notice is the first step in enforcing the law. When a School Attendance Notice issues, the situation is monitored by the EWS and the parent or guardian is given every opportunity to address the underlying issues.
