THE HIGH Court has quashed a Department of Education direction requiring a secondary school to take back a boy who had been expelled. A fresh hearing of the boy’s appeal against expulsion has been ordered.
The boy, who cannot be identified, was expelled by the Vocational Education Committee-run school in the southeast last year following a series of incidents, including spitting at a teacher and striking other students. His father appealed that expulsion.
A three-person committee set up under section 29 of the 1998 Education Act allowed the appeal on grounds including a lack of alternative school placements for the boy and the fact he was out of school since May 2010.
The school was directed on January 11th last to give effect to the committee’s finding.
In his judgment yesterday, Mr Justice Peter Charleton found that the committee, while it had acted with diligence and compassion, had exceeded its jurisdiction in taking into account matters such as whether another school place was available.
He quashed its direction and ordered a fresh hearing.