The parents of a nine-year-old pupil attending Aravon Preparatory School are to challenge a decision of the board of governors not to take him back for the new school year, the High Court has been told. Mr Michael Counihan, counsel for Patrick and Kate Tobin of Newcastle, Co Wicklow, told Mr Justice Geoghegan that the board of governors of Aravon was refusing to take their son, Patrick, back on Wednesday next when the school reopens.
The boy had been attending the school as a day pupil until July and had completed five years, Mr Counihan said. On July 4th the school secretary wrote to his parents to the effect that their son was disruptive and his presence would probably not be approved for the forthcoming term.
On August 5th, Mr Thomas Barry, chairman of the board, had indicated the school would not be taking him back. On Wednesday Messrs William Fry, solicitors for the school, had indicated in an open letter that the school would be prepared to allow Patrick back on the undertaking that he would remain in school for only one term. This was not acceptable to Mr and Mrs Tobin.
Mr Counihan said the boy suffered from a form of dyslexia and required remedial teaching. He had created a very good bond with his teachers and any break in that relationship would probably be disastrous for his progress.
He said that the Tobins intended to proceed on the grounds of breach of contract. It would be their case that if there was a breakdown in the relationship between the pupil or parents and the school, sufficient notice would have to be given.
Mr Justice Geoghegan granted the Tobins leave to serve short notice on the school governors of a motion seeking to restrain them from refusing to allow Patrick re-entry to the forthcoming school year. "You are entitled to argue your case and it seems to be an appropriate one in which to breach time for service of notice of motion," he said.