A legal challenge to the controversial merger of three post-primary Catholic schools in Co Down is to be dismissed, a High Court judge has ruled.
The mother of a boy hoping to attend St Patrick’s Grammar School in Downpatrick issued proceedings after former Education Minister Michelle McIlveen approved its amalgamation with De La Salle and St Mary's High Schools.
She claimed that proposed admissions criteria for the new school set to open in September 2024 will unlawfully put her son at a disadvantage.
But refusing leave to seek a judicial review, Mr Justice Colton held that the case was misdirected and premature.
He said: “Those criteria have not yet been fixed and will be a matter for the new Board of
Governors of the new school in due course and are not a matter for the Department (of Education).”
The merger plans, approved last October, are for the establishment of a new 1,600 pupil co-educational school voluntary grammar school.
Up to 40% of pupils will be admitted through academic selection, with the rest gaining automatic entry on the basis that it is their nearest Catholic post-primary school.
There are anticipated to be 250 places for new entries to the school.
Proceedings were brought on behalf of a boy who wants to attend St Patrick’s Grammar School just like his older brothers.
Concerns were expressed that he will be disadvantaged if all available new places are filled by pupils eligible for automatic entry without any academic selection process.
Lawyers for the boy’s mother claimed the Minister’s decision unlawfully failed to promote equality of opportunity and to take into account the needs of those in rural areas.
However, Mr Justice Colton pointed out that the claims about the enrolment policy were arguably speculative.
The Department has no supervisory or approval role in an admissions criteria process which rests with the Board of Governors, he stressed.
“The obligation on the Department is to provide guidance and that obligation has been fulfilled.”
Rejecting further allegations about a breach of human rights, the judge confirmed: “The proposed challenge is misdirected and premature.
“Any challenge to the admissions criteria is a matter for challenge when they have been determined, against the Board of Governors.” ends