Pupil's father seeks judicial review of suspension

(An edited version of this piece was published in the Impartial Reporter March 19th 2015)

The High Court in Belfast has heard a Judicial Review against the decision of St Joseph’s College to first suspend and then expel an Enniskillen boy who suffers from learning difficulties. Harry Reid is taking the Review on behalf of his son, Shaun Reid. Harry Reid is also seeking to judicially review the decision of the Western Education and Library Board’s Schools Expulsion Appeals Tribunal to uphold the expulsion.

Shaun Reid was first suspended, then expelled, from St Joseph’s following a classroom incident in March 2013. The other boy in the incident suffered a broken nose.

A lawyer for Shaun Reid accused the school of not using proper procedure because it wanted rid of a pupil seen as troublesome. The lawyer told the Court that the version of events which school principal James Jackson-Ware gave differed significantly from the statement given by the teacher present at the time. The teacher, Ms Sproule, said: “I became aware that Shaun Reid and (another boy)  had started to fight at the back of the room. … I realised that it was a serious fight and not just giving each other a push. I observed both boys throwing punches and saw one punch landing on (the other boy’s) face.  I ran across the room and separated them. (The other boy’s) nose was bleeding and I walked him over to a seat at the front of the room and told Shaun to go to his seat (at the back corner).”

In a further statement, Ms Sproule said that, when she approached them: “The boys immediately stopped.”

The lawyer said that, in evidence to the Western Education and Library Board Expulsion Appeals Tribunal, Jackson-Ware said: “He (Shaun Reid) did not stop when he was told and broke Ernest’s nose.” Judge O’Hara commented there was nothing to indicate that Reid had continued with the attack when told to cease.

The lawyer said that Harry Reid always accompanied Shaun Reid to and from school. On the day of the incident, Jackson-Ware met Harry Reid at the gate and took him to the office. There he told Harry Reid: “Shaun had been involved in an unprovoked attack on another pupil.” Jackson-Ware then suspended Shaun Reid, telling Harry Reid this was to give him time to find another school for his son. The lawyer said this was before Jackson-Ware saw Ms Sproule’s statement. Shaun Reid was first suspended for 10 days. A second letter, received on the same day, reduced that to five days.

The lawyer said “the Principal had already come to a conclusion.” Shaun Reid had caused difficulties in the past and “this brought it to a head.”

A Board of Governor’s meeting in April 2013 expelled Shaun Reid. This was upheld by the Schools Expulsion Appeals Tribunal.

The lawyer accepted there had been problems with Shaun Reid’s behaviour. He quoted school records indicating this had improved since November 2011, when Shaun Reid had been diagnosed with attention deficit hyperactivity disorder. He also accused the school of breaching the Council for Catholic Maintained Schools scheme for suspension and expulsion. ‘Fighting’ is not given as a reason for expulsion.

A lawyer for St Joseph’s College said it was “a school that cares. … This is a school that has provided continuous supportive assistance to this individual.” He said there had been a whole series of “red flag” disruptive incidents. Shaun Reid was “someone who has caused a lot of difficulties for the school,” and given inconsistent versions of the incidents. St Joseph’s College had a “duty of care” to staff and other pupils.

Judge O’Hara interjected that, on the statement of Ms Sproule “the one who came off best was suspended.”

The College’s lawyer said the expulsion was “a last resort measure” because of an accumulation of events. “It’s not just the 13^th of March,” the lawyer said. “It’s not just the previous incident. It’s the two together.”

Judge O’Hara interjected to query whether there was anything in the Board of Governors’ minutes regarding Shaun Reid’s future education being discussed. The lawyer said this was only when raised by Harry Reid.

A lawyer for the Western Education and Library Board said the Schools Expulsion Appeals Tribunal “have to have regard to other pupils and teachers in the school.” He called the fight “a last resort incident,” and said Shaun Reid was guilty of “persistent unacceptable behaviour.”

Judgement in the case is expected in the next couple of weeks. Shaun Reid had been charged with assault in connection with the incident, but the charges were later dropped.