FR's application, a minor by his father and next friend and in the matter of decisions of St Joseph's College, Enniskillen and in the matter of decisions of the schools Expulsion Appeals Tribunal dated 9th September 2013
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2015] NIQB 108 |
| Date | 27 March 2015 |
| Court | Queen's Bench Division (Northern Ireland) |
Neutral Citation No: [2015] NIQB 108
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: OHA9582
ICOS No
Delivered: 27/03/2015
2014 No 020653/01
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY FR,
A MINOR BY HIS FATHER AND NEXT FRIEND
AND IN THE MATTER OF DECISIONS OF ST JOSEPH’S COLLEGE,
ENNISKILLEN
AND IN THE MATTER OF A DECISION OF THE SCHOOLS EXPULSION
APPEALS TRIBUNAL DATED 9 SEPTEMBER 2013
________
O’HARA J
Introduction
[1] In this application for judicial review the applicant challenges three areas of
decision-making arising out of events between March and September 2013. At the
relevant time he was 15 years old and was a 4th year pupil at St Joseph’s College,
Enniskillen. The areas under scrutiny are his initial suspension from school on
13 March and the subsequent renewals of that suspension, his expulsion from the
school by the Board of Governors on 30 April 2013 and the dismissal of his appeal
against that expulsion by the Schools Expulsion Appeals Tribunal (the Tribunal) on
9 September 2013.
[2] The applicant was represented by Mr D Hutton. For the respondents
Mr B Mulqueen represented the principal and the Board of Governors of the school
and Mr P McLaughlin represented the Tribunal. I am grateful to all counsel for their
helpful and focussed submissions.
Statutory Scheme for Suspensions and Expulsions
[3] Article 49 of the Education and Libraries (NI) Order 1986 provides that
education and library boards and the Council for Catholic Maintained Schools
(CCMS) are to prepare schemes specifying the procedures to be followed in relation
to the suspension and expulsion of pupils from schools under their management. It
also provides for an appeal tribunal to be established to hear appeals against
expulsions. Article 49(8) provides that the tribunal’s power would be either to allow
the appeal and direct that the pupil be re-admitted to the school or dismiss the
appeal. Since St Joseph’s is a Catholic Maintained School the scheme relevant to it is
the scheme adopted by the CCMS.
[4] The Schools (Suspension and Expulsion of Pupils) Regulations (NI) 1995
provide in some more detail for the contents of the relevant schemes. The
Regulations include requirements that provision is made for various matters
including:
An initial period of suspension which is not to exceed 5 days.
On suspension the principal is to give written notification of the reasons for
that suspension and invite the parent to the school to discuss it.
A pupil may only be expelled after consultation about his expulsion involving
(for the present case) the principal, a parent, the Chairman of the Board of
Governors, a representative of CCMS and a representative of the Western
Education and Library Board (the WELB).
This consultative meeting is to include consultation about the future
provision of suitable education.
[5] The Schools (Expulsion of Pupils) (Appeal Tribunals) Regulations (NI) 1994
provide for the constitution of and procedures to be followed by Appeal Tribunals.
Schedule 2 in dealing with procedure allows for representation at appeal hearings
and for representations to be made both by the appellant and by the Board of
Governors. They then provide as follows at paragraph 7:
“In considering the appeal, the appeal tribunal shall have regard in particular to –
(a) any representations made to it under paragraph 4
or 5;
(b) whether the procedures in relation to the expulsion
of pupils from the school were properly followed;
and
(c) the interests of other pupils and teachers in the
school.”
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