Mother avoids jail over son’s truancy despite him only attending 13 days of school since December
The Wicklow PeopleA mother convicted of failing to ensure her child attended school has avoided a custodial sentence after a successful appeal to Wicklow Circuit Criminal Court, despite the teenager only attending 13 days of school since December.
The woman appeared before Wicklow Circuit Criminal Court on a District Court appeal.
She had originally been sentenced to one month in prison by Judge David Kennedy in May 2025, after pleading guilty to one count of failing to ensure school attendance.
Under the Education (Welfare) Act 2000, parents are legally required to ensure their child attends school, with Tusla empowered to intervene where attendance falls below acceptable levels. The law allows the agency to issue formal warnings and, in more serious cases, to bring parents before the District Court.
The court heard that in December 2025, Judge Patrick Quinn ruled that the teenager must return to education. An agreement was reached that the child would attend school until March, allowing time for his mother to apply for a place in Youthreach, which required an interview.
Judge Quinn had adjourned the matter at that stage to allow steps to be taken to secure alternative education.
Since that ruling, the court heard there had been plans for the teenager to travel to Australia or the United States.
However, defence counsel Eoin Gallagher BL said that none of these plans had come to fruition.
Solicitor for Tusla, Donnacha Hennessy, instructed by Mason Hayes Curran, told the court that the juvenile cannot be exempt from attending school until he has completed his Junior Certificate under child welfare legislation.
A school report stated that the teenager had contemplated suicide and is currently receiving treatment at a clinic, following an attempt to take his own life.
The court heard that the youth had attended just 13 days of school since December 2025.
Mr Gallagher described the case as “distressing” and said it was not a criticism of Tusla or the Department of Education.
He also outlined the family background, with the court hearing that the teenager’s father has a long history of criminal convictions.
Mr Hennessy said that, while Tusla had previously taken a measured approach, the agency now had to allow the prosecution to “go forward”.
Judge Quinn upheld the original District Court conviction, but varied the sentence, suspending the one-month term in its entirety.
He added that the State was at a loss, given the time and money spent attempting to support the teenager’s education, including the provision of a Leap Card and funding for an equestrian programme