Best v. A.G. [1999] IESC 131 (27 July 1999)

Best v. A.G. [1999] IESC 131 (27 July 1999)

The absence of a legislative definition of 'suitable elementary education' does not prevent a District Judge from convicting a parent under the School Attendance Act, 1926, provided the Judge finds as a fact that the parent is not providing a suitable elementary education. The Judge must determine, based on...

Source-derived case information.

Citation
[1999] IESC 131
Parties
Applicant: Christine Best; Respondent: Attorney General; Appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
27 July 1999
Procedural Posture
Consultative Case Stated (appeal) / Supreme Court Appeal From High Court on Consultative Case Stated From District Court
Outcome
Appeal allowed; question answered in the negative.
Legal Topics
Home Education, School Attendance, Burden of Proof, Constitutional Rights of Parents and Children, Minimum Education Standard, Interpretation of Statutes
Constitutional Law Education Law Criminal Law Home Education School Attendance Burden of Proof Constitutional Rights of Parents and Children Minimum Education Standard +1 more

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Parties

Christine Best

Applicant

Attorney General

Respondent

Director of Public Prosecutions

Appellant

Procedural Posture

Consultative Case Stated (appeal) / Supreme Court Appeal From High Court on Consultative Case Stated From District Court

Legal Issues

  1. 1 Whether the absence of a legislative definition of 'suitable elementary education' prevents a conviction under the School Attendance Act, 1926, in light of Article 42 of the Constitution
  2. 2 Whether the District Judge can convict a parent for failing to ensure school attendance when the parent claims to provide home education
  3. 3 What constitutes 'a certain minimum education' under Article 42 of the Constitution

Ratio Decidendi

The absence of a legislative definition of 'suitable elementary education' does not prevent a District Judge from convicting a parent under the School Attendance Act, 1926, provided the Judge finds as a fact that the parent is not providing a suitable elementary education. The Judge must determine, based on evidence, whether the education provided meets the constitutional minimum standard, which is not necessarily the same as the primary school curriculum but must be a minimum education, moral, intellectual and social, having regard to the child's and family's circumstances and the common good.

Court Disposition

Appeal allowed; question answered in the negative.

Orders

  • The District Judge is not prevented in law from pronouncing a formal order of conviction in the absence of a legislative definition of 'suitable elementary education' and in view of Article 42 of the Constitution.