McKenna (Joanne) and Brennan's (Claire) Application (Leave stage) and In the matter of a decision of The Board of Governors of Mount Lourdes Grammar School for Girls, Enniskillen
| Jurisdiction | Northern Ireland |
| Judge | Scoffield J |
| Neutral Citation | [2022] NIQB 35 |
| Date | 20 May 2022 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2022] NIQB 35
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: SCO11847
ICOS No: 21/085257/01
Delivered: 20/05/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY JOANNE McKENNA AND
CLARE BRENNAN FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF THE BOARD OF GOVERNORS OF
MOUNT LOURDES GRAMMAR SCHOOL FOR GIRLS, ENNISKILLEN
___________
Mrs McKenna appeared as a litigant-in-person on behalf of both applicants
Mr McQuitty BL (instructed by Murphy O’Rawe, Solicitors) appeared for the first
proposed respondent, Mount Lourdes Grammar School
Mr McAteer BL (instructed by the Departmental Solicitor’s Office) appeared for the
second proposed respondent, the Department of Education
Ms McCartan BL (instructed by the Education Authority Solicitors) appeared for the third
proposed respondent, the Schools Admissions Appeal Tribunal
___________
SCOFFIELD J
Introduction
[1] This is an application for leave to apply for judicial review which, at its heart,
challenges the legality of several admission criteria adopted by the Board of
Governors (“the Board”) of Mount Lourdes Grammar School for Girls in Enniskillen
(“the School”). It arises from the fact that the applicants’ respective daughters, Ellie
and Maria, did not gain admission to the School in the 2021/22 academic year.
[2] The procedural history of the proceedings is a little complex and is
summarised briefly below. At the recent leave hearing however, there were three
key issues to be considered: the merits of the application; delay; and whether the
proceedings would serve any useful purpose at this stage.
[3] Mrs McKenna appeared as a litigant-in-person on behalf of both applicants
(assisted by a McKenzie friend, Mr Robinson). Mr McQuitty appeared for the Board
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JR 253's Application (Leave Stage) and in the matter of a decision of The Department of Education
...principles such as rationality, avoiding improper purposes and Human Rights Act obligations.” [45] Similarly, in McKenna’s Application [2022] NIQB 35, Scoffield J concluded: “That the Department ‘has no overarching supervisory jurisdiction over admissions criteria set by the school; and tha......