School X’s Application
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 09 November 2016 |
| Neutral Citation | [2016] NIQB 87 |
| Date | 09 November 2016 |
| Court | Queen's Bench Division (Northern Ireland) |
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Neutral Citation: [2016] NIQB 87 Ref:
COL10093
Judgment: approved by the Court for handing down Delivered:
09/11/2016
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
School X’s Application [2016] NIQB 87
IN THE MATTER OF AN APPLICATION BY SCHOOL X
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF A DECISION OF THE EXCEPTIONAL
CIRCUMSTANCES BODY MADE ON OR AROUND 22 AUGUST 2016
NOTICE PARTY – AA3
________
COLTON J
Anonymisation
[1] I have anonymised the name of the applicant in this matter by the use of
initials. I have taken a similar course in relation to other persons involved in this
matter. I have done so because at the heart of this application is a child, AA. I make
an order providing that no person shall publish any material which is intended or
likely to identify any child involved in these proceedings or an address or school as
being that of a child involved in these proceedings except insofar (if at all) as may be
permitted by the direction of the court.
Introduction
[2] I am obliged to counsel in this matter for their written and oral submissions.
Mr Stephen Shaw QC appeared with Mr William T Gowdy on behalf of the
applicant; Mr Peter Coll QC appeared with Mr David Dunlop on behalf of the
respondent and Ms Fiona Doherty QC appeared with Mr Damien Halleron on behalf
of AA3, the notice party.
[3] The desire of parents to secure the best education for their child is a strong
and understandable one. The issue of admissions to secondary education in this
jurisdiction provokes strong emotions. The entire process is governed by a labyrinth
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of selection procedures, statutory obligations and regulations overseen by a number
of specialist bodies. It is the aspiration of AA3 for the best education of his son AA
which lies at the heart of this application.
Chronology/background
[4] AA was born on 15 November 2004. He is originally from a country in Asia
and first came to Northern Ireland in October 2012 to live with his father who was
granted political asylum in the United Kingdom, becoming a British citizen in
January 2016.
[5] When he came to Northern Ireland AA was enrolled in primary school Y.
Prior to that he had not been exposed to education in a school setting. When he
arrived here he could not speak English.
[6] In the Autumn of 2015 he sat the AQE examinations for entrance to selective
post-primary school.
[7] AA performed poorly in the tests obtaining a score of 56. Although school X
was only his second choice on his application, he applied to that school for an
increase in his score based on “special circumstances”. The school did increase his
score from 56 to 62 but this remained well below the lowest score in respect of which
admission was granted i.e. 94. Accordingly, AA was not offered a place at school X.
[8] AA3 then instigated an application to the respondent (the ECB) on 25 June
2016 for a direction that AA be admitted to school X on grounds of exceptional
circumstances. On 28 June 2016 the ECB contacted school X by e-mail seeking
confirmation that AA had not been offered a place at the school – the said
confirmation was provided the following day.
[9] A hearing before an ECB Panel was arranged for 26 July 2016. On 4 July 2016
the ECB Secretariat sent by recorded delivery to school X notification of the hearing
and a copy of the application.
[10] The ECB hearing took place on 26 July 2016 as scheduled. The hearing was
attended by AA’s father and his interpreter. No one from the school attended but
according to the ECB there was nothing remarkable or unusual about that.
[11] After the hearing the ECB by decision promulgated on 29 July determined
that there were exceptional circumstances in AA’s case that required his admission
to the school and the appropriate notification was sent to school X.
[12] The absence of school X from the hearing on 26 July 2016 can be explained by
a series of unfortunate events. It transpired that the 4 July letter was not delivered to
the school and was returned to ECB on 26 July 2016. The correspondence was then
resent to the school and received by it on 27 July 2016.
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JR212's Application (Leave Stage)
...ability; (c) circumstances related wholly or mainly to the availability of transport to that school.” [14] In Re School X’s Application [2016] NIQB 87, Colton J succinctly summarised the task of a panel appointed: “[35] In approaching this task the Panel addresses three tests as follows: 4 ......