Mother spared jail after 'mitching' son, 15, missed 273 days of school

The mother of a teenage boy, who missed more than 270 days of school, has been spared a jail sentence for neglecting his education.

Dublin District Court heard a lot of days missed by the now 15-year-old boy were a result of his “mitching”, but that his mother had made negligible efforts to deal with the problem.

The mother, who was fined €400, initially did not engage with the Child and Family Agency (CFA) about her son’s education and by the time she did, “the ship had somewhat sailed”.

The south County Dublin mother had pleaded not guilty but was convicted following a hearing last November.

The charge was under the Education (Welfare) Act for not complying with an official warning to ensure her child went to school.

The case resumed today.

Prosecuting solicitor Orla Crowe told Judge John Brennan that over the last three years the child missed 273 days.

There had been three prosecution witnesses called to give evidence including the boy’s school principal and an education and welfare officer.

There had been a “negligible effort” by the woman to engage with education and welfare officers.

There was an onus on parents to ensure their child went to school, the prosecution solicitor said.

She told the court that in the 2016-2017 school year, the boy missed 87 days and in the following year he was absent on 92 days. The teen missed 94 days in the last year overall, Ms Crowe said.

Attendance got worse after his mother’s trial in November, the court heard.

The court also heard the boy’s school had special needs assistants and a support network available.

The mother, a lone parent, was prosecuted by Child and Family Agency (CFA).

Pleading for leniency, her solicitor said the teen was now interested in enrolling in an alternative to a mainstream school programme.

The mother had attended meetings arranged with welfare officers but the teen continued to be a serious problem in terms of attending school.

The prosecution solicitor agreed the woman has attended meetings about her son’s education but social workers believed “the ship had somewhat sailed at this point”.

In pleas for leniency, the defence said the woman had made every effort and she was of limited means. Her son went out and claimed he was going to school but he was not turning up at all, the solicitor said.

Judge John Brennan noted the boy’s attendance had become worse and he had missed half of the last three years of school. He noted the woman had no prior convictions and her son had been “mitching”. He added, however, that “the law is the law and these circumstances the burden is on the parents”. There was engagement but it was not sufficient, he said.

He imposed a €400 fine on the woman, who did not address the court, and warned that it had to be paid within six months.

The minimum school leaving age is 16 years or the completion of three years of post-primary education.

The charge results in a €1,000 fine and a one-month sentence but harsher penalties can be applied for repeat offences.