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School challenges decision requiring it to enrol children

Summary

In Co Kerry, a primary school has filed a High Court challenge after a Department of Education committee ordered it to enrol two siblings. The school had previously refused the children, citing full capacity. The mother appealed to the Department, and a three‑person committee upheld her appeal, directing the school to admit the children immediately. The school's board of management argues the committee erred in law, misapplying the 2018 Education (Admission to Schools) Act and incorrectly determining the school was not oversubscribed. The board seeks to quash the committee's decision, have the appeal remitted to a new committee, and obtain declarations that the committee's decisions were irrational, void, and without legal effect. The mother is a notice party. Permission to proceed was granted ex‑parte by Mr Justice Charles Meenan, with the case returnable to early March.

Who, what, where, when and why

What: Report matter: School challenges decision requiring it to enrol children. Procedural stage: hearing_or_decision

When:

• September 2021 Other
• 2021-02-08 Publication

Why: It told the family that it could not take them because the maximum student capacity in the school had been reached and its classes were full. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report