Martin, Application for judicial review [2000] NIQB 8 (8th May, 2000)

Martin, Application for judicial review [2000] NIQB 8 (8th May, 2000)

The Board and Department do not have power under Article 52 of the Education and Libraries (Northern Ireland) Order 1986, as amended, to provide school transport to a child attending a non grant-aided school; the statutory scheme restricts eligibility to pupils attending grant-aided schools or institutions of further education, and the definition of 'pupil' excludes those attending independent schools.

Citation
[2000] NIQB 8
Parties
Applicant: Grainne Martin; Respondent: North Eastern Education and Library Board; Respondent: Department of Education for Northern Ireland
Jurisdiction
Northern Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Statutory Interpretation, School Transport Eligibility, Public Authority Powers, Rights of Parents in Education
Administrative Law Education Law Statutory Interpretation School Transport Eligibility Public Authority Powers Rights of Parents in Education

Case Brief

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Parties

Grainne Martin

Applicant

North Eastern Education and Library Board

Respondent

Department of Education for Northern Ireland

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Board and Department have power to permit a child attending a non grant-aided school to use school transport provided for grant-aided schools
  2. 2 Interpretation of Article 52 of the Education and Libraries (Northern Ireland) Order 1986 as amended

Ratio Decidendi

The Board and Department do not have power under Article 52 of the Education and Libraries (Northern Ireland) Order 1986, as amended, to provide school transport to a child attending a non grant-aided school; the statutory scheme restricts eligibility to pupils attending grant-aided schools or institutions of further education, and the definition of 'pupil' excludes those attending independent schools.

Court Disposition

application dismissed