JOHN O'HAGAN, Director of Administration,North Lanarkshire Council v. LORRAINE REA [2001] ScotSC 1 (12th January, 2001)

JOHN O'HAGAN, Director of Administration,North Lanarkshire Council v. LORRAINE REA [2001] ScotSC 1 (12th January, 2001)

Section 35(1) of the Education (Scotland) Act 1980, as previously interpreted, is incompatible with Article 6(2) of the European Convention on Human Rights because it imposes strict liability on parents regardless of their ability to influence the child's attendance. However, by interpreting 'reasonable excuse' in section 42(1)(c) to include circumstances relating to the parent, the legislation can be made compatible with Convention rights. Accordingly, the defence motion is refused and the prosecution may proceed, with the accused able to lead evidence of a reasonable excuse relating to herself.

Citation
[2001] ScotSC 1
Parties
Prosecutor: JOHN O'HAGAN, Director of Administration North Lanarkshire Council, for the Education Authority; Accused: LORRAINE REA
Jurisdiction
Scotland
Procedural Posture
Criminal / Preliminary Objection Decision
Outcome
defence motion refused
Legal Topics
Strict Liability, Parental Responsibility, School Attendance, Interpretation of Legislation, European Convention on Human Rights, Presumption of Innocence
Criminal Law Education Law Human Rights Law Strict Liability Parental Responsibility School Attendance Interpretation of Legislation European Convention on Human Rights +1 more

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Parties

JOHN O'HAGAN, Director of Administration North Lanarkshire Council, for the Education Authority

Prosecutor

LORRAINE REA

Accused

Procedural Posture

Criminal / Preliminary Objection Decision

Legal Issues

  1. 1 Whether section 35(1) of the Education (Scotland) Act 1980, as interpreted, is incompatible with Article 6(2) of the European Convention on Human Rights regarding presumption of innocence
  2. 2 Whether 'reasonable excuse' in section 42(1)(c) can be interpreted to include circumstances relating to the parent, not just the child

Ratio Decidendi

Section 35(1) of the Education (Scotland) Act 1980, as previously interpreted, is incompatible with Article 6(2) of the European Convention on Human Rights because it imposes strict liability on parents regardless of their ability to influence the child's attendance. However, by interpreting 'reasonable excuse' in section 42(1)(c) to include circumstances relating to the parent, the legislation can be made compatible with Convention rights. Accordingly, the defence motion is refused and the prosecution may proceed, with the accused able to lead evidence of a reasonable excuse relating to herself.

Court Disposition

defence motion refused

Orders

  • Conventional trial diet to be set down
  • Accused may lead evidence of reasonable excuse relating to herself