Principal settles action against school board

A national school principal has settled his High Court action against his school's board of management over its refusal to allow him continue as principal following receipt of a psychiatric assessment.

The action by Brendan Kelly against the board of management of Ransboro National School, Co Sligo, the Minister for Education and the State was due to open before Ms Justice Mary Laffoy yesterday.

However, the judge was told yesterday afternoon it had been settled.

At the request of counsel, she struck out the action with no order. No details of the settlement were disclosed to the court.

Mr Kelly, a teacher since 1968, was appointed principal of Ransboro National School in 1980.

In earlier court hearings, he claimed he took sick leave and was certified as unfit for work on grounds of stress-related illness from September 1st, 2004.

He claims he was certified fit to resume work on July 28th, 2005.

However, the school's board of management contended that was on conditions.

Mr Kelly claimed he had difficulties with the chairperson of the board and had invoked the grievance procedure agreed between the Irish National Teachers' Organisation and the Catholic Primary Schools' Management Association.

It was later agreed that a mediator would be available from early September 2005 to mediate his return to duties, he alleged.

His entitlement to paid sick leave expired in August 2005 and he then applied for unpaid sick leave.

He was told the board would consider his application.

Mr Kelly claimed he was later asked to agree to a psychiatric assessment and not to resume work until that assessment was carried out.

His union representative had argued there were breaches of the procedure agreed with the school's patron, the Bishop of Elphin, and also expressed concern about maintaining confidentiality of the assessment.

Mr Kelly said he submitted to the assessment in good faith at the insistence of the board. It took place on September 13th, 2005.

The report of the doctor who conducted the assessment was given to him by the board some weeks later.

It concluded he suffered from a paranoid personality disorder. He was later informed he would not be permitted to resume his duties as principal.

A report by another psychiatrist found that he did not have a paranoid personality, Mr Kelly said.

He later secured injunctions restraining the board from terminating his employment pending the outcome of his legal action.

The board had denied the claims and denied the alleged breaches of procedures.

It argued that the nature of its duties and its obligations to the school's pupils required it to conduct inquiries into Mr Kelly's fitness to perform his duties.