Education Minister 'breached legislative obligation' in rejecting Bangor Academy and Rathmore Primary integrated education bids
Stormont Education Minister Paul Givan allegedly breached a legislative obligation in rejecting attempts by two north Down schools to become integrated, the Court of Appeal heard today.
Lawyers representing pupils at Bangor Academy and Rathmore Primary argued Mr Givan “fell into legal error” when he denied their bids to change status.
They also claimed a judge who backed Mr Givan’s decision did not adequately scrutinise his assessment of the number of Catholic children likely to attend integrated education.
Bangor Academy, with nearly 1,900 pupils and Northern Ireland’s largest school, held a ballot on the proposal to move to integrated status which reportedly drew almost 80% support from parents and guardians.
Rathmore Primary School’s plans to make the switch received a similar level of backing.
According to documents published by the Department of Education, officials also recommended both Bangor-based schools being allowed to become integrated.
In early 2025, however, Mr Givan refused development proposals for their transformations. The DUP Minister said there was insufficient evidence that enough Catholic pupils would attend the schools for the provision of integrated education.
Citing legislation about having reasonable numbers of both Protestant and Catholic children in integrated schools, those targets were assessed as highly unlikely to be met.
Catholic enrolment levels at both Bangor Academy and Rathmore Primary in recent years was said to be around three percent.
According to the two pupils’ legal representatives, Mr Givan acted irrationally and breached a duty under Article 64 of the Education Reform (Northern Ireland) Order 1989 to encourage and facilitate the development of integrated education.
Counsel for the Department insisted the key issue was that a Catholic student population of around three percent was not close to reasonable numbers.
In October last year the High Court ruled Mr Givan was entitled to reject the schools’ attempts to become integrated. A judge held there was no evidence to suggest the required demand for the status exists within the local Catholic community.
Seeking to overturn that verdict, Steven McQuitty KC told the Court of Appeal that the Article 64 duty should influence and make it easier to meet the reasonable numbers test in an area with a large disparity among the religious population.
“The Minister fell into a legal error in that assessment,” he submitted.
Mr McQuitty also claimed the High Court failed to subject the Minister’s decision to sufficient scrutiny due to an “overly generous” interpretation of the available evidence.
The verdict involved imposing an extra barrier to the schools’ proposed transformations, the court was told.
“The judge (found) you have got to show unmet Catholic demand… but that is an additional hurdle contrary to the legislation,” counsel added.
The appeal continues. Ends