Claim over mixed school dismissed

A man who objects to a south Dublin private primary school admitting girls as students has shown no cause of action entitling him to pursue legal proceedings against the Minister for Education and Science, the High Court ruled yesterday.

Colm O'Callanain, of Hardbeck Avenue, Dublin, described as a "vocational teacher", had claimed that "Catholic education is eroded by the change of policy at Oatlands College in admitting girls to a boys school".

He had initiated a legal action against the Minister for Education alleging the Minister was in breach of duty in changing a boys school to a mixed one. Oatlands, which is in Stillorgan, was a boys-only school until it recently altered that policy because of declining pupil numbers, the court heard.

In a "statement of charge", Mr O'Callanain claimed: "When Blessed Ignatius Rice of Co Kilkenny set up his schools, circa 1802, using his own money and making this project his life work, it was intended that future trustees would not make catastrophic changes."

In a later "statement of claim", he said his claim is "for the restoration of a boys school at Oatlands in accordance with the wishes of the trustees. I am told that the numbers had dropped and that, in order to retain the school, it had to accept female students. My claim then is for a declaration that when the balance of numbers is restored, the school will revert to a 'boys only' status".

The case came before Mr Justice Frank Clarke yesterday via an application by Micheal O'Scanaill, for the Minister, to dismiss the claim on the basis it could not succeed and showed no cause of action.

Mr O'Callanain, representing himself, argued that boys and girls do better academically when they are educated separately. He also argued that having a mixed school created difficulties when it came to teaching students about relationship and sexuality issues.

In an affidavit on behalf of the Minister, Pamela Benson, a solicitor in the office of the Chief State Solicitor, said it had to be assumed that the "catastrophic changes" complained of by Mr O'Callanain related to a decision by the board of management of the primary school section of Oatlands College to admit girls to what had been a boys-only school. Ms Benson said the Minister had no involvement in the day-to-day running of the school.

Mr Justice Clarke granted the Minister's application to dismiss the claim. When Mr O'Callanain indicated he wished to bring an appeal to the Supreme Court, the judge said he had 21 days to do so.

Mr O'Scanaill said the Minister was not seeking an order for costs against Mr O'Callanain and the judge made no order for costs.