Parents have the right to educate their children at home, according to the Constitution. However, under the School Attendance Act 1926 it is open to the enforcement authorities to prosecute the parents or guardians of children.
Such action can be taken where it is considered that either the level of attendance at a recognised school or the education received by other means is not satisfactory.
Article 42 of the Constitution sets out the rights and duties of citizens in the matter of education. With regard to educating children at home, it states: "Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State."
Article 42.3.1 and 2 read as follows: - 1. The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.
2. The State shall, however, as guardian of the common good, require in view of actual conditions that the children receive a certain minimum education, moral, intellectual and social.
Under the School Attendance Act it is open to the enforcement authorities to prosecute parents or guardians of children where it is considered that either the level of attendance at a recognised school or the education received by other means is not satisfactory.
In such cases the onus of proof under the terms of Section 18 (2) of the Act rests on the person being prosecuted and the court decides the issue.
The designated authorities for enforcement of the School Attendance Act 1926 in certain areas (i.e., county boroughs of Dublin, Dun Laoghaire, Cork and Waterford) are school attendance committees. Elsewhere the Garda Siochana is the enforcement authority.