Family loses school entry case

A Co Tipperary Traveller family has been told by the High Court there was no particular discrimination against Travellers involved in a school admission policy that gave priority to the children of former pupils.

Mary Stokes, in an action taken on behalf of her son John (14), claimed the CBS High School Clonmel was guilty of “indirect discrimination” in refusing a place to her son, based on the admission criterion favouring sons of previous pupils.

The Stokes family claimed the admissions policy was in breach of the Equal Status Act and were initially supported by an Equality Tribunal ruling. But this was overturned at the Circuit Court last July in a decision by Judge Thomas Teehan.

In the High Court this afternoon Mr Justice Patrick McCarthy refused to overturn the lower court’s decision. Mr Justice McCarthy said the discrimination was not suffered by Travellers in particular, as others were in the same position. The judge said his full judgement would be available later this afternoon.

Counsel for Clonmel CBS told the court the school would not be applying for costs against Mrs Stokes. Mrs Stokes. who is expecting a baby. was not in court. She was represented by husband John, brother Michael and was assisted by the Irish Traveller Movement independent law centre.

Speaking outside the court, solicitor with the law centre Siobhan Cummiskey said the movement was “disappointed with the outcome,” adding: “It is time now for a more inclusive education system in Ireland.”

Ms Cummiskey said the schools admissions policy “compounds the past discrimination suffered by Travellers and carries it through to the next generation”.

She said the family had not yet thought about an appeal and that the law centre hoped to consider the decision of the court. She said it had been “a struggle and a perseverance” for the family to get this far and she had the greatest respect for them.