JR 253's Application (Leave Stage) and in the matter of a decision of The Department of Education
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 23 May 2023 |
| Neutral Citation | [2023] NIKB 62 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 62
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL12147
ICOS No: 2023/002572/01
Delivered: 23/05/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
__________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
__________
IN THE MATTER OF AN APPLICATION BY JR 253
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF THE
DEPARTMENT OF EDUCATION
__________
Mr Frank O’Donoghue KC with Mr Eugene McKenna (instructed by Nicholas Quinn
Solicitors) for the Applicant
Mr Philip McAteer (instructed by the Departmental Solicitors Office)
for the Proposed Respondent
Ms Denise Kiley (instructed by Napier Solicitors) in attendance on behalf of the Council
for Catholic Maintained Schools
__________
COLTON J
Introduction
[1] The court is grateful to counsel for their focussed written and oral
submissions.
[2] The applicant is a primary school pupil who, through his mother, asserts that
he intends to apply to enrol at St Patrick’s Grammar School, Downpatrick (“SPGS”)
to pursue his secondary education.
[3] His mother explains that two of his elder brothers currently attend SPGS. He
currently attends St Patrick’s Primary School, Ballynahinch, County Down. His wish
is to attend SPGS like his older brothers when his primary school education is
completed. The court understands that this would be in the year 2024/2025.
[4] By these proceedings the applicant seeks to challenge a decision by the
Department of Education to approve development proposals DP 604 - DP 607
inclusive. That decision was made by the Minister for Education on 10 October 2022.
The effect of the proposals involves the amalgamation of three post primary schools
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in the Downpatrick area including SPGS into one school located at the current SPGS
site. The proposals are as follows:
• DP 604 – “With a view to facilitating the establishment of a new
co-educational 11-19, voluntary grammar school, St Mary’s High School (HS)
will discontinue with effect from 31 August 2021, or as soon as possible
thereafter.”
• DP 605 – “With a view to facilitating the establishment of a new co-education
11-19 voluntary grammar school, De La Salle (HS) will discontinue with effect
from 31 August 2021, or as soon as possible thereafter.”
• DP 606 – “With a view to facilitating the establishment of a new co-education
11-19 voluntary grammar school, St Patrick’s Grammar School (GS) will
discontinue with effect from 31 August 2021, or as soon as possible
thereafter.”
• DP 607 – “A new co-education 11-19 voluntary grammar school for 1,600
pupils (being in effect an amalgamation of De La Salle (HS), St Mary’s (HS)
and St Patrick’s (GS) will be established with effect from 1 September 2021, or
as soon as possible thereafter. The new school will utilise the three school
buildings pending capital investment for a one site solution. The new school
will have an admission number of 250 pupils, with up to 40% being admitted
through academic selection. The new school will be in the trusteeship of the
De La Salle congregation.”
[5] As is the way with such developments there has been delay in respect of the
anticipated implementation date, which currently is scheduled for 31 August 2024.
[6] The applicant’s mother’s concern is that the amalgamation will result in a
change to the enrolment policy currently operated by SPGS which gives a weighting
to applicants whose older siblings attend the school.
[7] The Case for Change (“CfC”) upon which the proposals were put forward to
the Minister envisages retaining academic selection for up to 40% of those for whom
the school is not the nearest Catholic post primary school (pupils attend from over
33 feeder primary schools) (Category B schools) and automatic entry for those for
whom the school is the nearest Catholic post primary school (pupils attend from 13
local feeder primary schools) (Category A schools).
[8] It is anticipated that there will be 250 places for new entrants to the school.
[9] The applicant’s mother expresses her concern in the following way in her
affidavit:
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