Hairstyle rows ‘unlikely to get to courts’

THERE is no case law and little likelihood of cases about school uniforms or suitable hairstyles coming before the courts, an education law expert said last night.

Barrister Oliver Mahon’s comments followed an Offaly school’s decision not to allow three Junior Certificate students sit their exams there on Thursday because their hair was too short when they started their exams the day before. Instead, they were facilitated at a school 12km away although one of them, Enda Carroll, chose not to do so.

The tensions were somewhat eased when the three were offered the option of doing the exam at an exam centre in the school yesterday, but separate from their classmates. However, at least one of the families involved is considering legal options in relation to the matter at Tullamore College.

Principal Edward McEvoy has insisted that the tight haircuts breached school rules on appearance.

Mr Mahon said school rules usually apply until the school closes, even if it is during State exams, as management also have a responsibility, for example, to step in if a fight broke out.

“The question arising in this kind of situation is the interpretation of rules themselves, whether they are reasonable and if sanctions are proportionate to any breaches,” he said.

“Even though people say there is too much litigation in Ireland, that’s only true in some areas. The question of school uniforms has never been before the courts here,” Mr Mahon said.

But he said it is unlikely to do so because pupils now have recourse to the Ombudsman for Children.

“Cases are more likely to go down that road because it’s quick, cheap and informal. The Ombudsman has powers to investigate equivalent to those of the High Court, so it’s the best possible way to deal with school issues,” he said.

The Ombudsman, Emily Logan, would not comment on the case yesterday but said she receives complaints from second-level students about being treated unfairly.

“It’s important that those who are accountable are held accountable and treat children with the respect they deserve,” she said.

The National Association of Principals and Deputy Principals said school regulations continue to apply during State exams but that the incident in Tullamore has become sensationalised.

Justice Minister Michael McDowell yesterday suggested a breach of school rules by the boys could have been dealt with after the exams.

“While I fully respect the right of a headmaster to enforce discipline, there are times when stances can and should be taken and times when a delayed investigation might prove equally beneficial,” he said.