Aodhán Ó Ríordáin (Dublin North Central, Labour)
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Question 28: To ask the Minister for Children and Youth Affairs if she will make a legislative change to address the anomaly in the Education (Welfare) Act 2000 which does not cover four and five year olds currently enrolled in primary schools; and if she will make a statement on the matter. [15170/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Education (Welfare) Act, 2000 established the National Educational Welfare Board (NEWB) as the single national body with responsibility for school attendance. The Act provides a comprehensive framework to promote regular school attendance and tackle the problems of absenteeism and early school leaving. The general functions of the Board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education.

All children between the ages of 6 and 16 years or until completion of 3 years post-primary education, whichever is the later, are required to attend school regularly. Under the Act, it is the parent who is legally obliged to ensure this regular school attendance. Alternatively, where a parent chooses to educate their child in a place other than a recognised school the parent must apply to have the child registered with the Board as being in receipt of certain minimum education.

This legal obligation on parents and the Board's associated powers of enforcement do not extend to children under six years of age. This legislative matter is currently being examined by my Department in accordance with our mandate to align policies, legislation and resources in order to achieve better outcomes for children. The potential implications of any legislative change require careful consideration from a number of perspectives to ensure no unintended consequences arise in the provision of early childhood care and education or elsewhere in the school system. My officials will work closely with colleagues in the Department of Education and Skills and the NEWB on this issue.

However, it is also essential to recognise that there is no legislative impediment to the proactive approach to early intervention currently being adopted by the Board in the event of a school attendance difficulty for children of all ages. In addition, the Deputy may also wish to note that numerous provisions of the Act do in fact cover four and five year olds currently enrolled in a primary school.

In the first instance, schools are required to record and monitor absences for all students enrolled in the school, regardless of age. Schools must report patterns of non-attendance or concerns about the educational welfare of individual students including those aged under 6 to the designated Education Welfare Officer. The Education Welfare Officer will then work with the family, the school and other services where appropriate to improve attendance and participation in school.

Furthermore, the Board advises that where requested, Education Welfare Officers provide advice and support to parents whose children (up to the age of 18) experience difficulty in securing a school placement or in expulsion situations. In this respect it is significant that the powers of the Education Welfare Officer to appeal school decisions regarding enrolment, expulsion and suspension also apply to under 6s. Similarly, where it is known that a child - who is under six and enrolled in primary school - is a member of a family with established difficulties and has siblings that the Board is already working with, Education Welfare Officers will engage proactively with this child as part of the overall actions undertaken to address the particular family's complex needs.

Since mid-2009, the Board has an expanded remit which includes responsibility for the Home School Community Liaison Scheme and the School Completion Programme in DEIS schools in addition to the national Education Welfare Service. Consequently, at local level these programmes will also seek to engage with families prior to children commencing mainstream education and throughout, irrespective of age. Both these programmes are highly targeted and will prioritise children and families requiring additional supports.