The High Court ordered Enoch Burke’s release from coercive imprisonment on 21 December 2022, ruling that his detention should stop “at least for the moment”. The order did not set an end date: Burke was to remain at liberty unless a further court order imprisoned him.
Mr Justice Brian O’Moore said the school could return to court to seek Burke’s attachment and committal, sequestration of his assets or another appropriate measure if he failed to comply with any court order, including an existing injunction. The release was to happen as soon as practicable.
Burke had been imprisoned since 5 September 2022 for contempt, after breaching orders barring him from attending Wilson’s Hospital School, attempting to teach there and interfering with the school’s activities. The ruling concerned his continued detention; it did not decide the underlying dispute between the school and Burke, or bring the injunctions to an end.
The case arose from a school policy on how transgender people were to be addressed and a disciplinary process involving Burke, a History and German teacher. The court said the orders required him to stay away from the premises and not interfere with school activities; they did not require him to use a particular form of address. Burke maintained that his religious beliefs were implicated and had appealed earlier orders.
The judge weighed six matters, including Burke’s continued refusal to comply, the school’s position, the Christmas closure, public costs, alternative measures and Burke’s motivation. The school did not oppose his immediate release while it was closed for the holidays, though it was concerned about what might happen when it reopened. The judge found detention was not necessary during that period and noted the public cost of paying Burke’s salary while also paying for his imprisonment.
The ruling also considered Burke’s rejection of an earlier opportunity to seek release and his opposition to an expedited trial. The judge concluded that his actions appeared to prolong his imprisonment and that continued detention could serve an advantage he sought. On that basis, the court ordered release without limiting it to the holiday period, while preserving the possibility of renewed enforcement if he breached an order.