JR212's Application (Leave Stage)
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Neutral Citation | [2022] NIQB 58 |
| Date | 01 September 2022 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2022] NIQB 58
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM11914
Delivered: 01/09/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY JR212
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
___________
Joseph Aiken QC and Maria Mulholland (instructed by Peter Bowles & Co.) for the
Applicant
Adrian Colmer QC and Laura Curran (instructed by Napier Solicitors) for the proposed
Respondent
___________
HUMPHREYS J
This judgment has been anonymised to protect the identity of the child to whom
the proceedings relate. Nothing can be published which will identify the child or
any of the schools concerned.
Introduction
[1] This is an application for leave to apply for judicial review, brought by a
minor applicant whom I shall call BK. The challenge is to a decision of the
Exceptional Circumstances Body (‘ECB’) made on 5 April 2022 whereby it refused
the application of the applicant for a direction that he be admitted to a school which
I shall call DS. The application proceeded by way of a ‘rolled-up’ hearing.
[2] The applicant originally attended a primary school, AS, but during his
Primary 4 year he was the subject of a sexual assault when another boy exposed
himself to him in the school toilets. As a result, he transferred to a different primary
school, BS, where he completed his Key Stage 2 education.
[3] The applicant was one of the cohort of pupils who did not sit either the AQE
or GL transfer tests in 2020 due to the impact of the Covid-19 pandemic. The
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