Courts / Ireland / Report
Decision allowing expelled students return to school is upheld
Summary
The Court of Appeal upheld the High Court's injunctions that allowed two Leaving Certificate students, expelled for recording and posting a classmate snorting white powder, to return to school. The injunctions, granted by Mr Justice Max Barrett, were part of the students' High Court action to challenge the expulsion. The appeal court, consisting of Mr Justice George Birmingham, Ms Justice Maura Whelan and Ms Justice Caroline Costello, found Mr Justice Barrett's approach correct and agreed that the expulsion was irrational. The students had also appealed to the Department of Education, where a Section 29 Committee reversed one boy's expulsion but upheld the other's. The Court of Appeal noted that the High Court's intervention was limited to the period until the full determination of the case, either by a judge or through the appeals process. The students argued the expulsions breached fair procedures, were disproportionate and flawed.
Who, what, where, when and why
What: Report matter: Decision allowing expelled students return to school is upheld. Procedural stage: appeal
When:
- 2019-08-01 Publication
Case subjects
Applicant
Places mentioned
- Court of Appeal
- High Court
Topics
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