Challenge to minister’s decision to refuse integrated school proposals dismissed

A legal challenge to the Stormont Education Minister’s decision to refuse applications for two schools to transform to integrated has been dismissed.

The challenge came after applications for both Bangor Academy and Rathmore Primary School, in the same Co Down town, to transform to official integrated status were refused by Paul Givan earlier this year.

At the time, Mr Givan said he did not believe there was reasonable representation from the Protestant and Catholic communities in the area.

Parents of a pupil at both schools applied for a judicial review of that decision claiming that Mr Givan had “misunderstood and misapplied the relevant legislation”, and also “failed to take relevant matters into account and failed to give reasons”.

In a judgment on Wednesday afternoon Mr Justice McAlinden dismissed the applications to challenge.

The court acknowledged that a majority of parents at both schools voted for integrated status, however found there was not enough evidence that both schools would be able to increase the representation of Catholic pupils to reach reasonable numbers.

Both schools have consistently had fewer than 4% Catholic pupils in recent years.

The judgment found the minister could not be faulted for concentrating on the key issue of reasonable numbers, and addressing the matter which in essence “operates as a knockout blow to any proposal”.

It was also concluded that these are “matters of judgment for the minister”, and the court will be “very slow to interfere with such a judgment in the absence of obvious and identifiable irrationality”.

Mr Justice McAlinden concluded saying: “The courts are not here as tools to be used by one party or another in disputes or arguments on socio-economic, cultural, educational, healthcare or other policies.

“The courts are here to uphold the rule of law, to clarify what the law means and to assist in ensuring that private citizens, corporate or other entities and government bodies and agencies act in a lawful manner and can avail of the protections the law affords them.

“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.”

Mr Givan welcomed the “clear and comprehensive ruling by the High Court”.

“It confirms that my decisions were made lawfully, carefully and in line with the statutory duties governing integrated education,” he said.

“I remain committed to encouraging, facilitating and supporting integrated education as defined in the law.

“This ruling sets a significant precedent for future integrated education proposals and reaffirms the importance of legal and evidential rigour in shaping Northern Ireland’s educational landscape.”

Alliance MLA Nick Mathison, who chairs the Stormont’s Education Committee, expressed disappointment.

“This is an extremely disappointing development and my thoughts today are with the overwhelming majority of parents at both schools who voted in favour of becoming integrated, and who have not had those aspirations honoured,” he said.

“People locally will rightfully be very concerned about the ongoing lack of commitment to encouraging, facilitating and supporting Integrated Education, as is the legal duty of the minister’s department.

“Time and time again, polling demonstrates the sheer demand that exists for integrated education and the extreme lack of supply that exists to match it.

“We will continue pushing for the expansion of integrated education until it is truly accessible for every family in Northern Ireland.”