Limerick judge ‘deeply shocked’ by child’s school attendance record

AN 11-YEAR-OLD boy has attended 180 days of school in his life - the equivalent of one school year, Kilmallock Court heard.

His mother - who cannot be named to protect the identity of the child - was prosecuted by Tusla over her son’s non-attendance at a Limerick primary school.

Judge Patricia Harney said she was “deeply shocked”. The judge said she would jail the mother and put her children into foster care “if it is the only way I can get the child to school”.

A Tusla employee said the child’s last day at school was in early 2020. She said he has completed 180 school days in total which is the “equivalent of one year”. 

Court proceedings have been issued against the mother on three previous occasions but at the “last moment she claimed she was unwell”.

One of the reasons the mother gave to Tusla for her son’s non-attendance was that she was immunocompromised and had concerns over Covid.

The Tusla employee said there were no child protection issues.

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Judge Harney asked if the child was being educated at all. The boy’s mother said he was being home educated. However, she had not registered for home schooling, said the Tusla staff member.

Judge Harney said: “She has to register for home schooling. We were all subject to oversight."

Judge Harney said it would be a dereliction of her duty as a judge if she didn't take the “most serious view” in the matter.

“I am deeply shocked,” said Judge Harney, who spoke of the consequences for the child’s future if he is deprived of numeracy and literacy skills.

The mother’s solicitor said that she gives a commitment that the boy would be in school on Monday, November 14.

“He has not been to school for a very, very long time. Where are we if the child decides he does not want to go to school?” said Judge Harney.

“It is an enormous deficit to make up,” added the judge.

The mother, who is aged in her 40s, took the stand. She said she moved to County Limerick in 2019 for domestic violence reasons. 

“I was being raped at home,” she said. 

The mother outlined her medical conditions which include three heart conditions and she was hit by a car two and a half years ago which has left her with limited mobility.

She said her son was being bullied in school.

Judge Harney said the mother has her own difficulties, saying while she is not unsympathetic she will send her to jail “if the child does not rejoin the school system”.

“If the only way I can get the child to school is by jailing you and putting your children into foster care I will do it. My obligation is to your child. I will give you this opportunity (to send the boy to school on Monday). All I want is that child to have his chance. He is coming from a tremendous disadvantage and it will be very difficult to reintegrate. I want him to be supported every inch of the way,” said Judge Harney.

The Tusla employee said they would be setting up a meeting with the school that afternoon.