Written answers

Tuesday, 10 October 2017

Department of Education and Skills

Schools Grievance Procedures

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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166. To ask the Minister for Education and Skills his views on the fact that in certain cases school boards of management are taking judicial review proceedings to challenge the findings of section 29 appeals against refusals to enrol children in speech and language classes; and his further views on whether this is an appropriate use of public funds. [42208/17]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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Following every section 29 appeal hearing the determination is issued together with a cover letter to both parties to the section 29 appeal, on behalf of the Secretary General of this Department. This determination outlines the outcome of the appeal, that is: upheld, not upheld or upheld in part.

Following from this, it is open to either party to the appeal to seek leave to take a Judicial review. Judicial review is the process by which any aggrieved party, including an individual or a legal person, can test in the High Court the legality of administrative decisions, once the applicant has been sufficiently affected and the dispute comes within the public law domain.

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