JR267's Application (Leave stage)
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Judgment Date | 30 November 2023 |
| Neutral Citation | [2023] NIKB 112 |
| Court | King's Bench Division (Northern Ireland) |
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Neutral Citation No: [2023] NIKB 112
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM12326
Delivered: 17/11/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY JR267
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
IN THE MATTER OF THE PROPOSED DISCONTINUANCE OF
ST MARY’S PRIMARY SCHOOL, FIVEMILETOWN
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John Larkin KC & Helena Wilson (instructed by Worthingtons) for the Applicant
Laura Curran (instructed by Napiers) for the first proposed Respondent
Matthew Corkey (instructed by the Education Authority) for the second proposed
Respondent
Philip McAteer (instructed by the Departmental Solicitor’s Office) for the Notice Party
___________
HUMPHREYS J
Introduction
[1] In any case involving a proposed school closure, two fundamental points
apply. Firstly, such proposals do invariably generate strong emotional reactions.
The education of our children is a vital public service, and every parent wants their
child to be the beneficiary of the best possible experience, laying as it does the
foundations for life.
[2] Secondly, the courts do not set education policy, nor do they make decisions
around the allocation of resources. In this field, as in others, the courts are only
concerned with the legality of decision making processes.
[3] The applicant in this case is now in Primary 7 at St Mary’s Primary School in
Fivemiletown, Co Tyrone (‘the school’). He has a statement of special educational
needs dated 18 January 2022 and has had access to a classroom assistant as part of
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his educational provision. The evidence indicates that he has benefitted greatly from
the environment at the school.
[4] In October 2022 the Council for Catholic Maintained Schools (‘CCMS’), the
first proposed respondent, submitted a ‘Case for Change’ document to the Education
Authority (‘EA’), the second proposed respondent, in which it proposed the closure,
or discontinuance, of the school with effect from 31 August 2023 or as soon as
possible thereafter.
[5] The EA then published Development Proposal no 694 (‘the DP’) on 8
February 2023, together with its views thereon, following a meeting on 31 January
2023.
The Impugned Decisions
[6] In this application for leave to apply for judicial review, as now constituted,
the applicant seeks to challenge the following decisions:
(i) The Case for Change document as proposed to the EA on 31 January 2023;
(ii) The DP published on 8 February 2023;
(iii) An ongoing failure by CCMS and the EA to conduct a full and effective
Equality Impact Assessment;
(iv) The Rural Needs Assessment dated 10 January 2023;
(v) The decision by the CCMS Education Provision Committee not to withdraw
the DP on 24 August 2023; and
(vi) The decision of the EA Strategic Planning and Policy Committee dated
5 September 2023 whereby it augmented its support for the DP.
The Statutory Framework
[7] Some 10 years ago, the United Kingdom Office of Parliamentary Counsel
launched the ‘Good Law Initiative’ with the laudable aim of making statute law
clear, coherent, effective and accessible. Sadly its reach has not, as yet, stretched to
education law in Northern Ireland. There are around a dozen pieces of primary and
well over 100 pieces of secondary legislation which govern the rights, obligations,
procedures and policy making of all those involved in the educational sector in this
small jurisdiction. Such laws do not exist for the benefit of lawyers but for parents,
pupils, teachers, school leaders, civil servants and governors who share the common
goal of educational excellence. The Byzantine morass of legislative provisions does
little to promote such an outcome.
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