Northern Ireland

School closure alternative treated with 'disdain'

A legal challenge has begun in Belfast High Court on the decision by Education Minister John O'Dowd to approve the closure of Avoniel Primary school 
A legal challenge has begun in Belfast High Court on the decision by Education Minister John O'Dowd to approve the closure of Avoniel Primary school  A legal challenge has begun in Belfast High Court on the decision by Education Minister John O'Dowd to approve the closure of Avoniel Primary school 

Education authorities treated a potential alternative to closing an east Belfast school with "disdain", the High Court has heard.

A judge was told the possibility of Avoniel PS instead being amalgamated with nearby Elmgrove PS was never properly considered.

Barrister Peter Coll QC said: "It was the solution that dare not speak its name."

He made the claim during a legal challenge by an Avoniel pupil to education minister John O'Dowd's decision to approve its closure.

With the school currently set to shut at the end of this month, lawyers for the child want the court to overturn his decision.

Mr O'Dowd announced the closure in May as part of a rationalisation process which will see increased admissions and enrolment at Elmgrove.

At the time he said the proposals were the first phase in plans to reshape controlled primary provision in east Belfast.

Parents of pupils at Avoniel reacted with anger to the decision, claiming they have been left with little time to find a new school by September.

The judicial review challenge was brought on behalf of one child at the school with special educational needs.

Lawyers representing the pupil, who cannot be identified, claimed that the minister's decision should be quashed because a prior consultation process by the Belfast Education and Library Board was allegedly not properly or fairly conducted.

According to their case the parents believe that when this exercise was carried out, back in 2014, the board's proposals were already at an advanced stage.

It was stressed in court that Avoniel has been performing well.

"This is not some sink school, the closure of which is inevitably going to save pupils therein from further bad education. This is a good school," Mr Coll insisted.

Nevertheless, he argued, it has been "a dead man walking" from early on in the process.

Alleged failures by the education authorities to consider and consult on the possibility of amalgamation rendered the whole process flawed, it was claimed.

Accusing the board of "dismissively" turning its back on the option, Mr Coll added: "They treated it with disdain."

He contended that an expanded Elmgrove could ultimately end up moving into new or refurbished buildings on Avoniel's current site.

As supporters listened in the public gallery, the barrister urged Mr Justice Stephens to quash the outcome reached.

"This consultation process was flawed, and resulted in a flawed decision by the minister," he said.

"Amalgamation wasn't just not properly consulted on, it was never taken seriously by the board and then in turn by the department."

But Attorney General John Larkin QC, representing the minister, questioned the merits of the legal challenge.

"This is an application characterised by needlessness and utter pointlessness," he claimed.

"It cannot achieve any substantive advantage to the applicant."

He also insisted the minister was never misled during the process.

The hearing continues.