Dáil Éireann Debate, Thursday - 19 May 2011
49 Deputy Clare Daly asked the Minister for Education and Skills if he will eliminate the inconsistencies in school enrolment forms throughout the country by recommending such forms require the signature of both legal guardians who act jointly in accordance with section 6(1) of the Guardianship of Infants Act 1964. [12261/11]
Amharc ar fhreagra50 Deputy Clare Daly asked the Minister for Education and Skills the steps he will take to ensure the children of separated parents have their right respected to have both parents act jointly on their behalf in cases when parental consent is required, in accordance with Articles 2.1 and 2.2 of the Convention on the Rights of the Child, and section 6(1) of the Guardianship of Infants Act. [12268/11]
Amharc ar fhreagraI propose to take Questions Nos. 49 and 50 together.
The selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected. Article 42 of the Constitution provides for the right of parents to choose the form of education they provide or to have provided to their children. Primary legislation gives effect to this right and includes the Education Act 1998 and the Education (Welfare) Act 2000.
None of the foregoing legislation specifically distinguishes between parents who act in concert and those who disagree and are separated, divorced or unmarried. However each provides that "parent" shall be interpreted to include-
"a foster parent, a guardian appointed under the Guardianship of Children Acts, 1964 to 1997, or other person acting in loco parentis who has a child in his or her care subject to any statutory power or order of a court and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, means the adopter or adopters or the surviving adopter".
Enrolment of children is, in the first instance, a matter for Boards of Management rather than my Department and Boards must address the circumstances of each case while respecting any order made by the Court in relation to the custody and welfare of the child. In general, it is my Department's view that both parents should be encouraged to take an active interest in their children's education and it is to the benefit of the children and the school when they do. It is appreciated that practical difficulties for schools can arise where parents are separated. However, my Department's approach to the issue of the rights of separated parents to involvement in their children's education is that the rights of both parents should be respected and given meaningful, practical expression in matters such as school reports, attendance at parent/teacher meetings and other school functions and that generally both parents should receive the same information and level of co-operation from the school. A qualification to that approach would arise where the best interest of the child required a different approach.
Schools are best placed to exercise their own judgements as to what is appropriate in each individual case given their particular knowledge of the individual circumstances and having regard to any order made by the Court in relation to the custody and welfare of the child.
