Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 626: To ask the Minister for Education and Science when compliance is expected with the directive of the appeals committee formed under the terms of section 29 of the Education Act 1998 in respect of a person (details supplied) in County Kildare in the matter of school placement; and if he will make a statement on the matter. [4532/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
Link to this: Individually | In context

The determination by the Appeal Committee, formed under Section 29 of the Education Act, 1998, to hear this appeal, against a refused enrolment, was issued to both the school and family on 5th December, 2008. The determination upheld the appeal, and the accompanying directive issued to the school requested that they contact the family to arrange enrolment.

On 17th December, 2008, the school advised my Department that they intended to take legal advice on the matter. Following on from this, my Department wrote to the school on 23rd December, 2008, to advise them that determinations issued by Appeal Committees under Section 29 of the Education Act are binding by statute, subject to the right of either of the parties to seek Judicial Review of this decision and to seek a stay on the implementation of the determination, pending the outcome of Judicial Review. Officials from my Department and from the National Educational Welfare Board have had ongoing contact with the family and school in order to seek a resolution to this matter. In the meantime, the child concerned has been receiving home tuition support.