The High Court is to be asked to determine whether a District Court judge has the power to convict a woman who is charged with failing to comply with a warning issued under the Schools Attendance Act.
At Listowel District Court yesterday, Judge Mary O'Halloran stated a consultative case for the High Court in relation to a mother who withdrew her three children from primary school to educate them at home.
Mrs Christine Best of Stacks Mountain, Kilflynn, claimed the academic instruction they had been receiving was "sacrificing part of their personalities".
Judge O'Halloran said the court's view was that the children were not receiving a minimum standard of elementary education at home. However, because the Oireachtas has not defined what constitutes a minimum standard of elementary education, she said, she was stating the consultative case for the High Court to determine whether she was within her jurisdiction to pronounce in law a formal order of conviction.
Mrs Best, who withdrew her three children, Niall (13), William (11) and Hazel (8), from school over a year ago, was prosecuted by the DPP for non-compliance with the Schools Attendance Act. At a sitting of Listowel District Court on January 27th she had been given one final opportunity to consider her position.
Judge O'Halloran adjourned the case to the next sitting of the court after the High Court's decision.