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Failure of parent to comply with this Act.
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17.—(1) Whenever a parent fails or neglects to cause his child to whom this Act applies to attend school in accordance with this Act and, so far as is known to the enforcing authority of the school attendance area in which the child resides, there is no reasonable excuse for such failure or neglect, such enforcing authority shall serve on such parent a warning in the prescribed form—
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(a) requiring him within one week after such service either to cause his child named in the warning to attend school in accordance with this Act or to give to the enforcing authority a reasonable excuse for not so doing, and
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(b) informing him that in the event of his failing to comply with the warning proceedings will be instituted against him under this Act in the District Court, and
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(c) informing him that if within three months after such proceedings he again fails to comply with this Act further proceedings may be instituted against him without previous warning.
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(2) If a parent does not comply with a warning duly served on him under this section, he shall, unless he satisfies the Court that he has used all reasonable efforts to cause the child to attend school in accordance with this Act, be guilty of an offence under this section and shall be liable in the case of a first offence to a fine not exceeding twenty shillings and in the case of a second or subsequent offence (whether in relation to the same or another child) to a fine not exceeding forty shillings.
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(3) Whenever a parent within three months after being convicted of an offence under this section, fails without reasonable excuse to cause his child in respect of whom he was so convicted to attend school in accordance with this Act, such parent shall, unless the child has ceased to be a child to whom this Act applies, be guilty of an offence under this section (which shall for the purposes of this section be deemed to be a second offence under this section) and shall be liable on summary conviction thereof to a fine not exceeding forty shillings.
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(4) If in any proceedings against a parent under this section the parent satisfies the court that he has used all reasonable efforts to cause the child to whom the proceedings relate to attend school in accordance with this Act or the parent is convicted of a second or subsequent offence under this section in respect of the same child, the court if it thinks fit may—
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(a) order the child to be sent to a certified industrial school, in which case the provisions of Part IV of the Children Act, 1908 so far as applicable shall apply as if the order had been made under that Part of that Act, or
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(b) in accordance with the provisions of Part II. of the said Children Act, 1908 order the committal of the child to the care of a relative or other fit person named by the court, and in such case the provisions of that Part of that Act shall, so far as applicable, apply as if the order were an order made thereunder.
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