VEC opposes bid to force enrolment of problem pupil

A VOCATIONAL Education Committee has brought a High Court challenge to a Department of Education and Science attempt to force one of its community colleges to enrol a problem pupil who was allegedly expelled by another secondary school.

The action is the first of its type brought since the introduction of a provision under the Education Act 1988 which allows appeals to the department against refusals by schools to enrol pupils.

Westmeath VEC has brought judicial review proceedings against the department seeking to quash a decision of an appeals committee requiring that the school — which cannot be identified to protect the pupil — should enrol the pupil.

The department is contesting the claims.

The boy, who was doing his Junior Certificate at the time the problems arose, is now at fifth-year level and receiving an education under a system for pupils not in a formal schooling situation, the High Court heard.

Fechin McDonagh SC, for the VEC, told Mr Justice Daniel O’Keefe yesterday that the boy had been a pupil of a local religious order-owned school in May 2007 when issues arose over his behaviour.

He was not formally expelled but asked to stay at home and his parents were given the clear impression that he would be better off leaving the school.

The parents then applied to enrol him in the local VEC-run community college whose board of management decided in August last that he could not be admitted because it was policy not to accept transfers for pupils already enrolled in another local school, except in exceptional circumstances.

Mr McDonagh said that on September 18 last, the child was effectively expelled or “pushed out” by the other school because the parents were told that if they did not withdraw him he would be expelled.

There were not exceptional circumstances in this case because the child had not even be subject of disciplinary proceedings in his old school, although perhaps he should have been, Mr McDonagh said.

An appeals committee set up under section 29 of the Education Act found the VEC school should enrol the boy because it was a school of choice for his parents and it had capacity to take him.

Mr McDonagh said the process under which the case was dealt with by the appeals committee was flawed.

It is also claimed the appeal system allows certain schools to “cherry-pick” students while VEC schools, which are considered to be more accountable than other secondary schools, are being asked to take an unequal burden of students with behavioural problems.

The outcome of these proceedings are expected to have a crucial bearing on schools’ admissions policies.