AQW 33941/22-27

Mrs Michelle Guy
Alliance Party
Lagan Valley

Tabled Date: 20/10/2025
Answered On Date: 27/10/2025
Priority Written: No

Question:
To ask the Minister of Education, pursuant to AQW 33229/22-27, in cases where the Evidential Test is satisfied, whether the Education Authority robustly and consistently considers and applies the Public Interest Test.

Answer:

The Education Authority (EA) including its in house legal function, EA Solicitors, is not covered by the Code for Prosecutors issued by the Director of Public Prosecutions under Section 37 of the Justice Act (Norther Ireland) 2002 and which details the Evidential Test and the Public Interest Test.

EA will only consider prosecuting a parent under Article 45 and Schedule 13 of the Education and Libraries (Northern Ireland) Order 1986 (for failing to ensure their child receives efficient, full-time education suitable to their age, ability, aptitude, and any special educational needs either by regular attendance at school or otherwise) after thoroughly reviewing all relevant circumstances. Prosecution is normally pursued only as a last resort once all other strategies and interventions have been exhausted including consideration of whether it would be more appropriate, either instead of or in addition to prosecution, to apply for an Education Supervision Order.