A High Court challenge has been brought over a decision by a Department of Education committee upholding the expulsion of a secondary school student for bringing a knife to school.
In proceedings brought through his mother, the boy claims the decision is flawed on grounds including a member of the committee was a past pupil of the school.
The parties cannot be identified for legal reasons.
The student was expelled from the school, located in the south of the country, late last year.
He appealed to the Department of Education which appointed a three-person committee under section 29 of the 1998 Education Act to consider the appeal. It upheld the school board’s decision.
At the High Court on Monday, Derek Shortall BL, for the boy, said his client had been expelled over “a very serious matter”. The boy’s mother attended the appeal and was assisted by an independent advocate and their case was the boy was not afforded fair procedures at the committee hearing, he said.
The advocate was ruled out of order by the committee member when he attempted to raise questions about that member, counsel said.
There was a “community of interest” between that committee member and the school and the member in question was a past pupil of the school.
The advocate had claimed the committee member treated the boy’s mother and advocate with total disrespect, was argumentative, disparaging, disrespectful, offensive and wholly disinterested in submissions concerning fair procedures.
It is claimed the committee member accused the advocate of failing to have the student’s interests in mind and of delaying matters and making false statements and had allowed the school to present its case before the boy’s mother was finished hers.
That particular member should never have been part of the committee and should have voluntarily stood down before the hearing commenced in January, counsel said.
In his action against the secretary general of the Department of Education and Science and the three-person committee, the boy wants orders quashing the decision disallowing his appeal and remitting the matter for fresh consideration.
He alleges reasonable apprehension and suspicion of perceived bias in respect of the committee as one of its members was a past pupil of the school.
The school is a notice party to the proceedings.
Permission to bring the challenge was granted, on an ex parte (one side only represented) basis, by Mr Justice Seamus Noonan on Monday and he returned the matter to later this month.