A couple from Drumkeerin, Co Leitrim, who have been educating their 12-year-old son at home for the past three years, were each convicted and fined £10 at Ballyfarnon District Court yesterday for not sending him to school.
James and Lucy Duffy, of Derrynahinch, Drumkeerin, had previously been convicted and fined for not sending their two sons to school. At yesterday's hearing Judge Michael Connellan advised them that a third conviction might put them in a difficult situation whereby the school attendance officer might take the child from them.
The court heard that Rory Duffy had not attended school since October 17th, 1995 and is now being taught at home by his mother in what she described as "a classroom atmosphere".
Mr Duffy argued that under Article 42 of the Constitution they had the right to educate their child at home.
Judge Connellan said that if Mr Duffy wished to challenge the Constitution he should go to the High Court.
Mrs Duffy said she had been teaching Rory at home since 1995 and said that the child had "improved dramatically" since he came out of school.
She said that his medical problems had disappeared and his self-esteem had improved. "Home education is in his best interest and we are trying to provide the best for him," she said.
Supt Tom Commons, prosecuting, asked her if she was aware of her legal obligation under the School Attendance Act.
She said that she was but, referring to Article 42 of the Constitution, denied that she was legally required to send the boy to school.
Mr Duffy also said that he feels the home is the best place for Rory to be educated, and that Rory is now "a happy child."
Garda Kevin McMahon, the school attendance officer for the Drumkeerin area, told the court that the Duffys lived some 2.6 miles from Drumkeerin National School and 0.9 miles from Tarmon National School, where their two sons had previously attended.
Mr Duffy, who was not legally represented, asked Garda McMahon in what way he had broken the law. Garda McMahon replied that he was breaking the law under Section 17 of the School Attendance Act 1926.
Mr Pierce Brennan, a friend of the Duffys and an advocate of home education, told Judge Connellan that he was in court to give moral support to the Duffys. He said that he had a 15-year-old son learning at home and described it as "a lovely way to learn."
Mr Brennan quoted from two books entitled Anything School Can Do You Can Do Better and Teach Your Own. He also quoted Albert Einstein, Mark Twain, Thomas Edison and W.B. Yeats.
He said he had met Rory Duffy and "he is morally, socially and educationally getting on grand."
Judge Connellan ruled that the child has to go to school and said that there was no justifiable excuse not to send him. "He has had no medical problems since 1995 and he must go to school."
Sgt Arthur Boyle, the previous school attendance officer in the Drumkeerin area, gave evidence that Mr and Mrs Duffy were both convicted and fined £5 in respect of Rory and his older brother, Gary, at Dowra District Court on April 28th, 1997. That decision was appealed to Carrick-on-Shannon Circuit Court on March 3rd, 1998, but the District Court judgment was affirmed.
Judge Connellan convicted each of them yesterday and told them they could appeal to the Circuit Court if they so wished, and to the High Court on a point of law.