Courts / Ireland / Report

School challenges direction to readmit special needs pupil

Summary

A special needs school in County Meath has initiated High Court judicial review proceedings challenging a Department of Education directive to readmit a pupil who was expelled in September 2020. The board of management at Stepping Stones Special School, Harristown, Kilcoon contests the decision following allegations that the student engaged in multiple violent incidents towards staff and other pupils, causing injury and property damage. The school argued the pupil presented a health and safety risk. Following the parents' appeal, a departmental committee allowed the appeal and recommended readmission after a suspension period to enable support measures. The school contends the committee's findings were irrational, focusing inappropriately on the school's response rather than the pupil's violent conduct, and that the department's subsequent readmission direction contradicted the committee's own recommendation. The board seeks orders quashing both the committee's findings and the departmental direction, and requests constitution of a new committee. Mr Justice Charles Meenan granted permission to proceed on an ex-parte basis and imposed a stay on the readmission directive pending further hearing in mid-March.

Who, what, where, when and why

What: Report matter: School challenges direction to readmit special needs pupil. Procedural stage: trial

When:

• September 2020 Hearing Or Sentence
• 2021-02-15 Publication

Why: The school made the decision to expel the pupil because it is claimed the student had on numerous occasions been violent towards staff and other students, causing them injury, and had damaged school property. CNI source report

Places mentioned

Topics

Stage Trial Violent Crime

Read the original CNI report