Appeal body has power to reject school's ban [IrishTimes]
- Published: 24 November 2010
A FIVE-JUDGE Supreme Court has unanimously ruled that a Department of Education appeals committee has the power to overturn a school board of management’s refusal to enrol two pupils.
The board of management of St Molaga’s national school, Balbriggan, Dublin, refused in February 2008 to enrol the two girls, who had just moved to the area.
That decision was made in circumstances where the board had decided in March 2007 the school was full to capacity. By February 2008 it had refused to enrol 41 other children due to lack of proper permanent accommodation. At that time it had 25 pupils more than provided for in the department’s guidelines.
The parents of the two girls, who have since gone to another school, appealed the refusal. An appeals committee of the department allowed this, and the department secretary general directed the school to enrol the girls.
The board appealed that direction to the High Court, and in February 2009 won a High Court order overturning the direction as “irrational” and unlawful.
Full Story: www.irishtimes.com
