Couple may not appeal conviction for child’s poor school attendance

A couple who were convicted over their teenage daughter’s non-attendance at secondary school will not be able to take a legal challenge aimed at quashing the ruling.

The three judge Court of Appeal on Monday affirmed the High Court’s refusal of permission to Dan and Maureen Arnold for a judicial review of orders and convictions made by the District Court more than two years ago.

The couple were convicted in April 2015 of an offence contrary to the Education (Welfare) Act 2000, that they contravened a lawful requirement under a school attendance notice by failing to cause their daughter to attend Coláiste an Chraoibhín in Fermoy.

Judge Aeneas McCarthy fined the Arnolds, of Regina Pio, Bartlemy, Fermoy, €300 each and imposed a sentence of three days’ imprisonment in default of payment.

Judicial review

The Arnolds denied the charge and sought leave to bring judicial review proceedings against the Child and Family Agency seeking to have the conviction, which they claim is unfair and in breach of their constitutional rights as a family, quashed.

In the High Court, Mr Justice Donald Binchy held that they had made out no arguable case likely to succeed at a full hearing.

Giving the appeal court’s judgement, Mr Justice Gerard Hogan said it was not disputed that the Arnolds did not pay the fine within the eight week period and that both now have the immediate prospect of serving a three-day prison sentence unless the convictions are quashed.

He said there was nothing at all to suggest the hearing before the District Court was procedurally deficient. It was clear that the Arnolds’ procedural rights had not been infringed, he said.

Mr Justice Hogan, with whom Ms Justice Mary Finlay Geoghegan and Mr Justice Michael Peart agreed, also held the Arnolds had not established any arguable ground by reference to which the constitutionality of the Education (Welfare) Act 2000 might be challenged.

The issue of who pays the costs of the one day appeal hearing will be decided on December 13th.

Outside court, Mr Arnold said their daughter is now at college and the couple intended to apply to the Supreme Court for permission to appeal.