Special-needs teen challenges expulsion after allegedly assaulting teacher with brush

File and unrelated image of teacher at work

A teenager with special needs has brought High Court challenges over a decision to uphold his expulsion from a secondary school for allegedly hitting a teacher with a brush.

Neither the teen, nor the school he attended, can be named for legal reasons.

The High Court was told the teen, who has been diagnosed as having several physical and mental conditions leading to behavioural difficulties, was expelled by the school following an incident last year for allegedly assaulting one of his teachers.

As part of the actions it is claimed the school had failed to put in place appropriate and necessary supports for the child.

Both the HSE and the National Council for Special Education, through its Special Educational Needs Organiser had been critical of the school's provision of resources to the boy.

As the boy attended a school run by an Educational Training Board (ETB), which replaced the former VECs, he appealed that decision to firstly the ETB itself.

The decision to expel the teen was also appealed to the Department of Education, which appointed a three person committee to consider the matter.

That appeal also proved unsuccessful from the boy's prospective.

Seeking the orders Derek Shortall Bl, for the boy said two separate challenges have being brought against both decisions.

Counsel said that the ETB's decision to dismiss the appeal was flawed and in breach of fair procedures. He said the ETB should have dealt with the appeal as if it was a new full rehearing of the decision.

Counsel said it failed to do so, and had in fact limited the appeal to a review of the decision to see if the school in its decision had correctly applied its code of behaviour and if fair and reasonable procedures had been applied.

In his action against the ETB and the Minister for Education the boy who is suing through his mother seeks an order quashing the ETB's decision to dismiss his appeal against his expulsion.

He also seeks declarations including that The ETB breached his rights to fair procedures by not having a full new hearing rather than considering what was a limited appeal.

He further seeks a declaration there was a failure by the ETB to have regards to relevant factors which it ought to have considered.

Counsel said in addition to the action against the ETB's decision his client has also brought a separate judicial review proceedings over the decision made by the committee, which they also say is flawed and disproportionate.

In proceedings against the Secretary General of the Department of Education and Skills and the three person committee, the boy seeks to have its decision dismissing his appeal quashed.

The school is a notice party to both actions.

Permission to bring the challenge against the Minister and the ETB was granted on an ex-parte basis by Mr Justice Michael Twomey.

The judge also deemed the second judicial review action brought on the teen's behalf opened, and adjourned it generally.

Both cases were adjourned to a date next month.