Education minister loses appeal over home-schooled students

Court of Appeal found it was 'unreasonable and disproportionate', and an unlawful breach of the students’ constitutional rights to exclude them entirely from the calculated grades scheme

Lawyers for Education Minister  Norma Foley argued the exclusion of home-schooled students was rational and justifiable. File picture: Sasko Lazarov/RollingNews.ie

Norma Foley, the education minister, has lost her appeals over findings two home-schooled students were unfairly and unlawfully excluded from the Leaving Certificate calculated grades process.

In a 127-page judgment today, the three-judge Court of Appeal, comprising Ms Justice Aileen Donnelly, Ms Justice Mary Faherty, and Ms Justice Una Ni Raifeartaigh, dismissed the appeals concerning High Court findings in separate cases by the two students.