As the Deputy may be aware, Tusla Educational Welfare Services (EWS) is responsible for addressing issues in relation to participation, retention and attendance in recognised schools.
The EWS of Tusla has advised my Department that there is no appeals process prescribed in the legislation (Education (Welfare) Act, 2000) in cases where a family has been served with a School Attendance Notice . It is a last resort for Tusla Educational Welfare Service (EWS) to prosecute a family in relation to school attendance issues and every effort is made to ensure the child is in receipt of his or her constitutional right to an education prior to legal proceedings being initiated.
The School Attendance Notice is a final legal notice stating that legal proceedings may be initiated if the family is not in compliance with the notice and the child does not attend school on each school day that the notice is in force. Should the child attend school on each school day that the notice is in force, legal proceedings will not be initiated.
Section 25 of the Education (Welfare) Act outlines the procedures followed when issuing a School attendance notice.