Special needs school challenges direction to readmit expelled pupil

A school catering for students with special needs has brought a High Court challenge over a direction by the Department of Education it must readmit a student expelled following mutiple violent incidents.

The pupil, who has special needs and cannot be identified by order of the court, was expelled in September 2020 from the Stepping Stones Special School, Harristown, Kilcoon, Co Meath.

The school provides special education service for children with autism and other complex needs.

The school decided to expel the pupil because, it is claimed, the student had on numerous occasions been violent towards staff, other students causing them injury, and damaged school property.

The school eventually formed the view it was no longer an appropriate place for the pupil, who was deemed to be a health and safety risk to themselves and others.

The child’s parents appealed the decision to the Department of Education and Skills. The Secretary General of the Department then established a three-person committee to consider the appeal.

That committee allowed the appeal and decided the pupil should remain suspended “for a reasonable period” to allow for supports and interventions to be put in place for the pupil.

Arising out of the committee’s decision, the department directed the school to readmit the pupil.

On Monday the school’s board of management, represented by Feichin McDonagh SC and Joe Jeffers BL, launched proceedings against the Department and the committee aimed at quashing that direction and having a rehearing by a newly constituted committee.

Counsel said the committee’s finding was irrational, irrelevant considerations were taken into account, and it had gone outside the narrow parameters such committees are meant to stick to.

The committee had focused on the school’s efforts to deal with the pupil’s behaviour and not on the behaviour itself, counsel said. Any alleged responsibility by the school for the pupil’s behaviour or a deficiency in services provided were irrelevant and should not have been taken into account by the committee, he argued.

Other more relevant matters, including the pupil’s track record of violent behaviour and the effect on other pupils and staff, were not properly taken into account by the committee counsel said. The school had been directed by the department to readmit the pupil despite the committee recommending the pupil stay out until supports can be put in place. This decision is also irrational and flawed, counsel said, and should also be set aside.

The pupil’s parents are a notice party to the proceedings.

On Monday, Mr Justice Charles Meenan granted, on an ex-parte basis, the school permission to bring its proceedings.

The judge, who noted the difficult situation all the parties find themselves in, accepted the matter was urgent and adjourned it to mid-March. He also placed a stay on the department’s direction that the pupil be readmitted.