Judgment: 2017-06-30 · Court archive

High Court quashes appeal decision upholding teenager’s expulsion

The court found that the Appeal Committee had not clearly made its own independent findings about where a cannabis-smoking incident took place. It ordered a fresh appeal hearing before a differently constituted committee.

High Court · [2017] IEHC 847

Who, what, where, when and why

Who
  • S.C.
  • Ms Justice Ní Raifeartaigh
What

The court found that the Appeal Committee had not clearly made its own independent findings about where a cannabis-smoking incident took place. It ordered a fresh appeal hearing before a differently constituted committee.

Where

Places mentioned in the report

  • St. Munchin’s College
When

Judgment:

Why

Reasons reported in the judgment

The High Court has quashed an Appeal Committee decision upholding the expulsion of a 14-year-old pupil from St. Munchin’s College, finding that the committee had not clearly shown it made its own findings about a disputed fact central to the case.

The High Court has quashed an Appeal Committee decision upholding the expulsion of a 14-year-old pupil from St. Munchin’s College, finding that the committee had not clearly shown it made its own findings about a disputed fact central to the case.

Ms Justice Ní Raifeartaigh said the committee’s written decision appeared to rely on what the school’s Board of Management had accepted following its investigation. The committee was required to assess the evidence independently in a de novo appeal, including deciding where the pupil had smoked a cannabis joint.

The pupil, identified in the judgment as S.C., admitted buying and smoking a joint while absent from class on 12 May 2016. His mother argued that he did so on a public walkway outside school property and while out of uniform. The school maintained that the area where he smoked was part of its grounds, although it was out of bounds to pupils. The judgment records competing descriptions of the location and notes that the distinction mattered under the school’s policies.

The school expelled S.C. after a Board of Management meeting on 30 May 2016. The board cited drug use within the school environment during school time, his record of suspensions and attendance, and concerns about his influence on other pupils. The expulsion was confirmed at a later board meeting. A Department of Education Appeal Committee dismissed his appeal in November 2016.

The court rejected a separate complaint that the committee had breached fair procedures by refusing to accept a written statement from S.C.’s mother at the hearing. She was allowed to read it aloud. The judge also found that the school principal had not remained alone with the committee after the hearing, as the mother had alleged; she concluded he had waited in a corridor and that the mother and her daughter had reasonably but mistakenly inferred he was still in the room.

The court quashed the committee’s decision solely because of the way it addressed the disputed location and its fact-finding role. It did not decide the pupil’s proportionality or discrimination claims, or determine whether the Department had an obligation to provide him with a school place. The matter was to return to a differently constituted Appeal Committee, which should make its own findings and explain them. The judge said the rehearing should take place as soon as possible. At the time of the judgment, S.C. had not attended a school since his expulsion and had not secured a place for the 2017–18 academic year.

Read the original court judgment

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