Threat of judicial review of grammar 11-plus exams covered
Northern Ireland's grammar schools are buying £2,000 Allianz insurance policies against legal challenges to new P7 entrance exams they are using against government advice, the Belfast Telegraph reports.
The insurance, said to be provided by Allianz, covers against a judicial review of schools’ admissions decisions.
One grammar principal told the Telegraph: “Most controlled schools I know of are taking out some kind of insurance to cover the possibility that they could end up with a judicial review and the education board not willing to represent them.”
Education minister concerned
The Children’s Law Centre (CLC) in Belfast warned of potential judicial reviews against schools who go ahead with new transfer exams against the advice of the Education Minister.
Caitriona Ruane has raised the possibility of legal challenges many times and has also stressed that her department will not tolerate children being discriminated against.
“I have no doubt that it is not possible to test children at 10 and 11 without discriminating against children,” she said.
Opt out of guidance
Kathryn Stevenson, Acting Head of Legal Services at the CLC, said: “The Children’s Law Centre lobbied strongly for the abolition of the 11-plus transfer procedure, however, we are very concerned that the current arrangements for Transfer 2010 will have a detrimental impact on the future educational outcomes for many children.
“It is intolerable that we now have a situation where there is no regulation of the tests or admissions processes by the department and schools can simply opt in and out of the guidance that has been issued.
“There is certainly the potential for judicial reviews against schools that decide to go ahead with exams against the advice of the department and schools may be open to challenges in respect of the admission decisions they have taken.”
Seeking legal advice
She continued: “I know that some schools have taken out special insurance to protect themselves against challenges from parents and many schools are seeking advice from solicitors on how to protect themselves from legal proceedings.”
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