Waikato Times

Truancy prosecutio­ns: Have they gone AWOL?

More than 280,000 New Zealand students were regularly absent from school last year. This year, just one parent has been prosecuted for it. Adele Redmond reports.

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She claimed her child’s illness was intermitte­nt, flaring up one day, settling down the day of school swimming sports, and returning the next.

But the mother-of-two had ‘‘cut herself off from a rational view’’ of the matter, according to Napier District Court judge Geoff Rea.

She used medical certificat­es to keep her children, both under

10, home for much of 2015, 2016 and up to half of the 2017 school year, sending them in on days when special activities were planned.

Despite the ‘‘tremendous amount’’ done by the school and other institutio­ns, the mother believed she was ‘‘in the right, that these children were best off at home’’, Rea wrote in a judgment released last month.

Eventually, ‘‘a prosecutio­n was seen as the only way of bringing home to the defendant that she had fallen woefully short of her obligation­s as a parent’’.

It is the only truancy case to be heard in New Zealand this year.

The mother, who could have been fined up to $3000, was discharged without penalty – ‘‘that would be counterpro­ductive [in] all sorts of different ways’’, Rea said. Taxpayers picked up the $2181 legal bill.

Since 2010, just 58 cases of truancy have come before the courts. The most prosecutio­ns occurred in 2011, when 23 cases were heard, and have dropped in the years since, to three last year and two in 2016.

As prosecutio­ns stagnate in the single figures, truancy and absenteeis­m are rising.

According to the Ministry of Education’s annual attendance survey, about 282,000 students –

37 per cent of New Zealand schoolchil­dren – did not attend school regularly in term two last year, down 4 per cent on 2016 attendance rates. Regular attendance is defined as attending 90 per cent of half-days at school.

While that figure includes absences due to illness and holidays during term time, these accounted for 5 per cent and 0.7 per cent of class time respective­ly. Last year’s report attributed a slight rise in sick days to a bad flu season.

However, the survey found ‘‘unjustifie­d absences have increased steadily’’ over the past seven years to about 2 per cent of class time. About 40 per cent of time off school was without reason.

Prosecutio­n is considered a last resort, used when students’ absences are ongoing, unjustifie­d, and implicitly or explicitly condoned by their parents, and other attempts by the school to encourage regular attendance have failed.

Schools struggling to locate students first refer them to their local attendance service.

Truancy is frequently a symptom of other issues – mental illness, poverty and the red tape around support services are often the first barriers for attendance advisers, formerly known as truancy officers, to address.

Jono Campbell, the manager of Christchur­ch attendance service Te Ora Hou O¯ tautahi, says it can take several referrals before the service is able to establish a relationsh­ip with a truant or their family.

Most parents welcome the help but some are reticent and distrust the involvemen­t of outside agencies.

‘‘Sometimes, we have tried everything else to get into the room so we have to go to Rockon,’’ Campbell says.

Rockon – Reduce Our Community Kids Offending Now – provides an inter-agency approach. Police, Oranga Tamariki, and the Ministry of Education share informatio­n about the student, their family, and any issues that might be feeding the truancy.

Police hand-deliver a notice to the family about the interventi­on and, if that does not work, pursue a family group conference similar to the Youth Court system.

The point at which prosecutio­n should be pursued is ‘‘a bit of a grey area’’, Campbell says. ‘‘It’s such an individual case-by-case [situation]. I don’t think anyone wants to go to prosecutio­n. It only gets there when the parent absolutely refuses to do what’s required.

‘‘In that case, it [prosecutio­n] is really what’s best for the student.’’

John Sandston, a youth advocate for 20 years, has represente­d schools in truancy prosecutio­ns in Nelson and Motueka.

He says the threat of prosecutio­n is sometimes enough to get families to take schooling more seriously.

A large proportion of offenders in the Youth Court have a history of truancy, and Sandston says the system for encouragin­g school attendance must not be ‘‘a toothless tiger’’.

Given the roughly 76,000 children absent from school daily, ‘‘it’s remarkable we have only had one truancy prosecutio­n in the last four months’’, he says.

‘‘It sends a message to some parents that if I can’t be bothered to send my child to school, noone is going to do anything about it.’’

Schools, rather than the ministry, usually take parents to court, an arrangemen­t Principals’ Federation president Whetu Cormick dislikes.

‘‘They [the ministry] should be doing it. We are left with the task and we are also left with the cost,’’ he says.

While the ministry has no set budget for truancy prosecutio­ns, deputy secretary Katrina Casey says it has paid or reimbursed the costs of all 58 prosecutio­ns for non-enrolment and nonattenda­nce, worth $90,588, since

2010.

Parents who fail to enrol a child in school can be fined up to

$3000 – in the last eight years, 15 families have faced that possibilit­y in court. Those prosecutio­ns are led by the ministry, since there is no school to do so.

The remaining 43 prosecutio­ns for non-attendance during that same period were led by schools.

‘‘We can lead this type of prosecutio­n, but schools are better positioned to provide evidence because they will have attendance records and informatio­n about any past interventi­ons,’’ Casey says.

Cormick agrees: ‘‘We’re better placed than someone in Wellington because we know our communitie­s. You can’t have Big Brother up the road saying ‘we can see you’re not coming to school, we’re going to prosecute’.’’

But he and the ministry disagree on whether the expectatio­n that schools cover costs is a barrier to prosecutio­n – and compelling chronic truants to return to school.

While Casey points to the ministry’s history of reimbursin­g schools’ legal costs, Cormick says schools fear there is no guarantee: ‘‘I do trust they will, but I guess it’s on a case-bycase basis.’’

He says he has approached the minister responsibl­e, Tracey Martin, about having the ministry pay up front instead of ‘‘upon applicatio­n’’.

Martin does not consider cost a barrier to schools’ prosecutio­ns. ‘‘There aren’t many prosecutio­ns because people don’t like taking

prosecutio­ns,’’ she says.

‘‘It’s incredibly complicate­d and time consuming and they [truants] are not a problem for boards of trustees; they’re a problem for society.’’

She would prefer to focus on what drives truancy, or on attendance service providers’ contracts, than more court cases.

‘‘I know the ministry [of education] is looking at a new student management system that allows us to see more nuanced informatio­n but, in my view, it does come back to those attendance service contracts.

‘‘It does make me wonder whether the attendance services should be taking those prosecutio­ns because those are the people interactin­g with the families.’’

In declaring the Napier mother guilty, Judge Rea said the efforts of the school, local agencies and authoritie­s to get her children into school were ‘‘extensive’’.

He warned her that if she failed to heed the court’s warning, ‘‘forces beyond me will undoubtedl­y take charge and that may not be a happy outcome for you or your family’’.

‘‘It is a sad day indeed when a school has to get to this stage to try and enforce your responsibi­lities for your own two children.

‘‘You will know your children better than anyone else does, but they are entitled to the same advantages educationa­lly in life as everybody else is.’’

‘‘We’re better placed than someone in Wellington because we know our communitie­s.’’

Whetu Cormick

 ??  ?? Truancy rates are at a sevenyear high but prosecutio­ns for truancy are declining.
Truancy rates are at a sevenyear high but prosecutio­ns for truancy are declining.
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 ??  ?? Te Ora Hou Otautahi general manager Jono Campbell says truancy prosecutio­ns are a "no-win situation", but sometimes the best solution for students.
Te Ora Hou Otautahi general manager Jono Campbell says truancy prosecutio­ns are a "no-win situation", but sometimes the best solution for students.
 ??  ?? It should be the Ministry of Education’s job to lead truancy prosecutio­ns, not individual schools’, says Principals’ Federation president Whetu Cormick.
It should be the Ministry of Education’s job to lead truancy prosecutio­ns, not individual schools’, says Principals’ Federation president Whetu Cormick.
 ??  ?? The lack of truancy prosecutio­ns will give some parents the impression the system for enforcing attendance is a "toothless tiger", says youth advocate John Sandston.
The lack of truancy prosecutio­ns will give some parents the impression the system for enforcing attendance is a "toothless tiger", says youth advocate John Sandston.
 ??  ?? Associate Education Minister Tracey Martin says the Government is reviewing the way the attendance service works.
Associate Education Minister Tracey Martin says the Government is reviewing the way the attendance service works.

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