Group to challenge refusal to re-open rural primary school
The High Court has today granted permission to a special interest group to challenge the Minister for Education's refusal to re-open a rural primary school in Co Tipperary.
The group claim that Minister Ruairí Quinn has reversed a promise by the previous government that Knock National School, near Roscrea Co Tipperary would re-open in September. The School closed in 2003 when the number of pupils attending the school fell to just three students.
Numbers increased in recent years and following lobbying from locals outgoing Minister for Education Mary Coughlan recommended last March the school be re-opened in September.
However, in a letter received from the current Minister Quinn on July 19 last it was stated it would not be envisaged that the school would be re-opened.
As a result Ms Deirdre Synott, Tinderry, Knock Co Tipperary has brought High Court proceedings on behalf of the Knock National School Special Interest Group aimed at having the school re-opened in September.
Today Pat Bulter SC for Ms Synott due to changes in the demographics in the Knock area last March the then Minister for Education Mary Coughlan recommended Knock school be re-opened in September.
Earlier this month however the group was informed that the school would not be re-opening. Counsel said it was his client's case the Minister was not entitled to make that decision. Counsel submitted that Minister Quinn has not taken account of the previous decision.
Counsel added the Minister has also failed to provide any reasons why the earlier decision has been rescinded, which he is obliged to do.
In her proceedings against the Minister for Education and Skills, Ms Synott is seeking an order quashing the decision to re open the school, which was communicated to them on July 19 last. They are seeking an order directing the Minister to re-open the school.
Ms Synott is also seeking a number of declarations from the court including the decision not to re-open the school is without lawful authority, unlawful unreasonable, irrational and was taken without any regard or any adequate regard to the particular circumstances and needs of the area.
She is further seeking a declaration the decision went against the stated policy of the Department of April 2011 that "we have no policy of shutting down smaller schools".
Leave to bring the proceedings was granted by Mr Justice Michael Peart, on an ex parte basis.
The matter was made returnable to October when the new legal term begins.
