Judge ‘erred’ by quashing ruling in Traveller discrimination case
In July Circuit Court judge Tom Teehan allowed an appeal by the CBS High School in Clonmel against the decision of the Equality Tribunal that it should offer John Stokes a place and review its admission policy.
John, through his mother Mary, appealed that ruling to the High Court on grounds including the school breached the Equal Status Act by not admitting him and the Circuit Court judge erred by holding that the Co Tipperary school’s admission policy could be justified.
The all-boys school opposed the appeal.
The High Court appeal is before Mr Justice Patrick McCarthy. The Equality Tribunal is Amicus Curiae, friend to the court in the proceedings.
Yesterday Cormac Ó Dúlacháin, SC for Ms Stokes, said John applied in 2009 to attend the school. But there were 174 applications for 140 places.
The school selected students on the basis of its admission policy of three criteria: that the child’s father or an older sibling had attended the school; that he was Catholic; and had attended a local feeder school.
John met two criteria, but, as he was the oldest in his family and his father had not attended the school, following a lottery process he was not admitted.
Ms Stokes unsuccessfully appealed to the Department of Education before appealing to the Equality Tribunal.
At Clonmel Circuit Court Judge Teehan allowed the appeal and set aside the order of the equality officer.
In his submissions yesterday, counsel said Judge Teehan erred by holding the admissions policy was sufficiently connected with supporting a family ethos.
Counsel said the true aim of the policy was “simply to afford an advantage to the children of past pupils.” He said the policy breached both education law and the Equal Status Act.
The hearing continues.
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