Teenager with special needs challenges his explusion

A teenager with special needs has brought High Court challenges over a decision upholding his expulsion from the secondary school he had been attending for allegedly hitting a teacher with a brush.

Neither the boy, nor the school, can be named for legal reasons.

The High Court was told the boy, who has been diagnosed as having several physical and mental conditions leading to behavioural difficulties, was expelled by the school following an incident last year for allegedly assaulting one of his teachers.

As part of the actions, it is claimed the school had failed to put in place appropriate and necessary supports for the child. Both the HSE and the National Council for Special Education, through its Special Educational Needs Organiser had been critical of the school's provision of resources to the boy.

As the boy attended a school run by an Educational Training Board (ETB), which replaced the former VECs, he appealed that decision to firstly the ETB itself.

The decision to expel the teen was also appealed to the Department of Education, which appointed a three-person committee under Section 29 of the 1998 Education Act (a Section 29 Committee) to consider the matter. That appeal also proved unsuccessful.

Seeking the orders Derek Shortall BL, instructed by solicitor Barry Callan, for the boy, said two separate challenges have being brought against both decisions.

Counsel said the ETB’s decision was flawed and in breach of fair procedures. He said the ETB should have dealt with the appeal as if it was a new full rehearing of the decision but it had limited the appeal to a review of the decision to see if the school had correctly applied its code of behaviour and fair and reasonable procedures.

The ETB failed to take into consideration factors including reports from bodies including the HSE concerning the students particular requirements given his special needs, counsel said.

In his action against the ETB and the Minister for Education, the boy, suing through his mother, wants an order quashing the ETB’s decision. The boy has also brought a separate judicial review proceedings over the decision made by the Section 29 committee which is also alleged to be flawed and disproportionate.

In proceedings against the Secretary General of the Department of Education and Skills and the three person committee, the boy seeks to have its decision quashed. The school is a notice party to both actions. Permission to bring the challenge against the Minister and the ETB was granted on an ex-parte basis by Mr Justice Michael Twomey.

The judge also deemed the second judicial review action to have been opened and adjourned both cases to next month.