Tom Neville (Limerick County, Fine Gael)
Link to this: Individually | In context | Oireachtas source

247. To ask the Minister for Education and Skills the guidelines or legal requirements in place to prevent a child being unenrolled from one school to be enrolled in another school by a parent or guardian without the knowledge or consent of the child’s other parent or guardian; and if he will make a statement on the matter. [39496/17]

Richard Bruton (Dublin Bay North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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".

In conducting the enrolment process a Board of Management 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.