In the matter of an Application by M, a minor by AM his mother and next friend for Judicial Review and In the matter of the Education and Libraries (Northern Ireland) Order 1986 as amended and In the matter of a Decision dated 15 April 2003 by the Principal and Board of Governors of Good Shepherd Primary School
| Jurisdiction | Northern Ireland |
| Judge | Girvan J |
| Judgment Date | 04 February 2004 |
| Neutral Citation | [2004] NIQB 6 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 04 February 2004 |
| Year | 2004 |
Suspension of pupil – duty of procedural unfairness – whether principal followed fair
procedure – whether pupil’s parents should have been consulted – whether suspension
imposed as a punishment – whether principal’s decision was merely provisional –
Education and Libraries (Northern Ireland) Order 1986 – Schools (Suspension and
Expulsion of Pupils) Regulations (Northern Ireland) 1995
Neutral Citation no. [2004] NIQB 6 Ref:
GIRC4100
Judgment: approved by the Court for handing down Delivered:
04/02/2004
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY M, A MINOR BY AM
HIS MOTHER AND NEXT FRIEND FOR JUDICIAL REVIEW
AND IN THE MATTER OF THE EDUCATION AND LIBRARIES
(NORTHERN IRELAND) ORDER 1986 AS AMENDED
AND IN THE MATTER OF A DECISION DATED 15 APRIL 2003
BY THE PRINCIPAL AND BOARD OF GOVERNORS OF
GOOD SHEPHERD PRIMARY SCHOOL
________
GIRVAN J
SYNOPSIS
The principal of the primary school decided to suspend the applicant from
school for 5 days following an investigation of an incident when a number of
pupils handled a packet of cannabis resin brought into the school by a pupil
other than the applicant. In his letter informing the parents, the relevant
board and other prescribed organisations the principal stated that the
applicant was suspended on grounds of knowingly handling and promoting
cannabis resin. The decision to suspend was made on the day following the
incident. The principal did not inform or consult the parents before the
suspension of his proposed action or in relation to the investigation or its
outcome and the applicant and his parents were not given an opportunity to
challenge any of the material which the principal purported to take into
account in arriving at his decision. All four pupils involved in the
investigation were suspended for 5 days without differentiation although one
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2 cases
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Conway (Brendan) and Hutchinson’s (Eamon) Application
...J, 20 December 2004] at para 7; Re JS’ Application [2006] NIQB 40 [Unreported, Weatherup J, 16 May 2006]; and Re M’s Application [2004] NIQB 6 [Unreported, Girvan J, 4 February 2004] at para 14; cf Re Anderson (a minor)’s Application [2001] NI 454 [CA at 468E per Carswell LCJ]. This approac......
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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
...In emphasising the importance of adhering to fair procedures Mr Hutton relied in part on decisions such as those in Girvan LJ in Re M [2004] NIQB 6 and Coghlin LJ in Re Kean’s Application [1997] NIJB 109. These are examples of procedural unfairness which led to the quashing of suspensions b......