Education Law

Choice of School has been viewed as a valuable commodity in recent times with anecdotal evidence of parents moving to a school’s catchment’s area specifically so their child (or children) can attend that school of their choice. However, a child has no automatic right of enrolment to a school.

A child has a constitutional right to an education. However, there are other competing rights which can affect a child’s constitutional right to an education such as:

1. Refusal to enrol the child in a school by the Board of Management
2. Suspension of the child by the Principal / Board of Management
3. Expulsion of the child by the Principal / Board of Management

These sanctions are subject to the jurisdiction of the Secretary General of the Department of Education and Skills and the School Rules concerning same should be modelled on the National Education Welfare Board (N.E.W.B.) Guidelines for schools. (Click here for link to same)

In the event that the matter of imposing a sanction on the child or refusing to enrol him is not resolved at a local level, the child has an appeal mechanism (under Section 29 of the Education Act 1998) open to him. It must be noted at the outset that a policy decision taken by the Board of Management to refuse to enrol a student is difficult to upset. Determining standards and requirements for enrolment of students is currently viewed to be outside the remit of an appeal’s process for example a Board of Management can decide that a school is “full” when they have a certain number of children in the school.

 Individual decisions on enrolment that do not conflict with school policy but are in breach of fair procedures may be successfully appealed.

Orr firm has had a high level of success in acting for children who have been expelled from school or suspended.  We provide advice and support to parents in relation to the process and to the Appeal if necessary.   We have been involved in Judicial reviews of school decisions with successful results.