Courts / Ireland / Report

Special needs teen challenges expulsion for alleged assault on teacher

Date
2020-04-23

Stage
Hearing Or Decision

Summary

Barry Callan, acting as solicitor for a special needs teenager, brought two High Court judicial review actions challenging the teen's expulsion from an ETB-run secondary school for allegedly assaulting a teacher. The teen, who cannot be named, is represented by his mother and claims the school failed to provide necessary supports, a view shared by the HSE and the National Council for Special Education. The expulsion was upheld by the ETB and a Section 29 Committee. Counsel Derek Shortall BL argued the ETB breached fair procedures by limiting its appeal review rather than conducting a full rehearing and failing to consider the student's specific needs. The first action seeks to quash the ETB's decision and declare a breach of fair procedures. The second action challenges the Section 29 Committee's decision as flawed and disproportionate. Mr Justice Michael Twomey granted permission to bring the challenge against the Minister and the ETB on an ex-parte basis. He also deemed the second judicial review action opened and adjourned it generally. Both cases were adjourned to a date next month. The matter was adjourned and not concluded.