This article is from page 4 of the 2013-05-14 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
THE case of a 16-year-old Clare girl who a Judge said was “deprived” of a right to education is to be referred to the Minister for Children.
Judge Patrick Durcan said last week that in not receiving her constitutional right to a minimum level of education, the girl was subjected to “abuse and severe neglect” by her parents and agents of the state.
In March her parents pleaded guilty to failing to comply with lawful requirement that their daughter attend school.
The case was brought by the National Education Welfare Board (NEWB). Judge Durcan was strongly critical of aspects of the Board’s handling of the case, describing it as a “shambles.” On Wednesday, Ennis District Court heard that girl had an absenteeism rate of 68.68% from school between 2010 and 2012.
Her mother contacted the Health Services Executive (HSE) last August due to concerns over drinking. She was advised to do so after receiving an eviction notice from a local authority.
The court heard that the girl had been coming to school smelling of alcohol and hungover.
The NEWB subsequently raised the matter with the HSE. Judge Durcan said that he could not understand why over a four period, the NEWB had not referred the case to the HSE. He said, “This child has been immeasurably and permanently dam- aged.” Reading from a report submitted by the acting CEO of the NEWB, Judge Durcan said the case was not deemed to have crossed the “threshold of serious harm and neglect” that would compel the Board to contact the HSE.
He said the Court was bound to the inescapable conclusion that the failures amounted to a “serious and flagrant abuse of a child and a child’s constitutional right.”
He said one of the reasons the child had been deprived of an education was the “abject failure of the NEWB to liaise with the HSE.”
The court heard there was substantial non-cooperation from the parents with the NEWB.
The court heard that the family are from a Traveller background and there may have been “cultural” reasons why the parents did not insist their daughter go to school. However Judge Durcan said cultural issues do not give parents a right not to send their children to school.
Dan O’Shea, NEWB Regional Manager, told the court that there were no other child protection concerns that would have lead to the involvement of the HSE.
Judge Durcan said this was probably the most serious case he has dealt with during his time on the bench.
He ordered that the case be referred to the Minister for Children and that a meeting take place between the HSE and NEWB at the earliest possible date.
He made no order against the girl’s parents.