The Equality Tribunal has ordered the board of management of a primary school in Co Kerry to pay €6,350 to a Traveller with a disability after it found that he had been victimised.
This is the first time that a school has been ordered to pay the maximum amount allowed under the Equal Status Act. The ruling was described as "highly significant" by the Equality Authority, which called for an examination of the experiences of Travellers in schools.
The case arose after Scoil Lios Teilic, a primary school in Tralee, refused to enrol Nora O'Brien's son Patrick. He has Klinefelter's syndrome, a chromosomal abnormality which sometimes leads to learning difficulties and behavioural problems.
He had been attending another school but his mother removed him after issues arose and she lodged a complaint under the Equal Status Act. It is understood this case has not yet been resolved.
The visiting teacher who works with Traveller families in the area approached Scoil Lios Teilic to see if Patrick could be enrolled there and initially received a favourable response from the principal.
However, the enrolment was then discussed at a board of management meeting and the board refused the application.
"The principal stated that the chairman of the board had indicated that Patrick O'Brien was still enrolled at the previous school and that there was a 'gentleman's agreement' that schools would not enrol students who were enrolled elsewhere," the Equality Tribunal stated.
It then emerged that the chairman of the board of management at Scoil Lios Teilic was also chairman of the board of management at the previous school.
Mrs O'Brien claimed the refusal to enrol her son was based on his membership of the Traveller community and his disability. She also claimed that her son was victimised because both schools had the same chairman.
Scoil Lios Teilic told the tribunal the enrolment was turned down because it did not have enough information about the resources required for Patrick and that class numbers were at capacity and additional resources would not be available.
The tribunal found the enrolment decision process was "flawed and was not in accordance with fair procedures or natural justice". It was "satisfied" the chairman had based his decision to refuse the enrolment on the events at the previous school.
It found the principal had acted in the course of his duties at all times and the ultimate decision to refuse the enrolment was made by the board of management. While the Equality Tribunal upheld the claim of victimisation, it did not uphold the claims of discrimination on Traveller and disability grounds.
Niall Crowley, chief executive of the Equality Authority, said this was a "particularly serious case" and sent an important message to all schools that discrimination was unacceptable and costly.
