Minister reveals impact to education budget from defending legal challenges

The cost of defending legal challenges is making a “major dent” in the Department of Education’s budget, the Assembly has heard.

Education Minister Paul Givan outlined tens of thousands of pounds spent on recent cases during questions for his department at Stormont on Monday.

Asked by UUP MLA Alan Chambers whether the costs were making a “major dent” in his budget, Mr Givan said that money should be being spent in schools.

He added that there will be an election in 14 months in which the public will have their say, and be able to hold him to account, and the money being used in legal cases “could be used better” by his department.

Mr Givan said to date more than £26,700 has been spending defending legal challenges over his decision to refuse applications from two schools in Bangor, Co Down, for official integrated status.

He also said a legal challenge to his department’s £20 million Raise programme, which aims to reduce educational disadvantage, which was also successfully defended, cost almost £100,000.

Mr Givan said that is not the final expected costs in the integrated cases as not all costs have been invoiced yet, and appeals are under way.

“To date the department has incurred £26,715 in respect of counsel fees arising from the successful defence of the judicial review proceedings relating to two development proposals from Bangor Academy and Sixth Form College, and Rathmore Primary School,” he told MLAs.

“Appeals have been lodged in both cases and are due to be heard in March and therefore costs will increase further.”

Mr Givan said people are “entitled to have recourse to the courts in terms of challenging decisions”.

“But people need to, whenever they do take forward those challenges, be very clear as to what it is they are trying to achieve, and why they’re taking it forward,” he said.

“In respect of this particular case, which is now subject to an appeal, the department comprehensively won that court case.

“We’ll await to see how it goes by way of appeal, but this was the judgment that Judge McAlinden in respect of the integrated school challenges said, ‘all too often now matters are brought before the courts in the guise of a legal challenge when in fact they are blatant policy challenges. Such litigation strategies are to be deprecated’.

“So whilst I appreciate not everyone will agree with my decisions, these were found to be entirely rational and legal, but the challenge has already cost the taxpayer from my department, it has also cost the taxpayer from the legal services commission because it was legal-aided, and these costs continue to accrue.”