FIFTY-seven children in the care of the state are not getting a full-time education, the Health Service Executive has admitted.

The HSE is in breach of the law, Fine Gael TD Brian Hayes said, adding it was "extraordinary" that the children were not being taught despite being in state accommodation.

The problem appears to be nationwide with children across the country missing out on classes as a result of being taken into care.

The largest group is in the HSE West, where 17 children spent a significant part of last year not at school. In Dublin North East, 16 children did not get the education they are legally obliged to receive from the state. Another 14 children from the Dublin Mid Leinster Region and 10 from HSE South are also missing school.

"It is quite extraordinary that such a substantial number of youngsters are not in education despite being in state care, the very place you would think they would be guaranteed to be looked after," said Hayes. "The HSE is breaking the law and a child must be in full-time education."

The HSE said 57 people were affected during 2007. "Most of these were in school placements at times during the year and were without placement for part of the year only. Some of these children have special needs and may have been awaiting an assistant from the Department of Education and Science."

The HSE said there were other reasons why children in care might be missing out on education. "A child in care may have emotional and psychological issues which prevent or prohibit attendance."