Shutdown of Northern Ireland schools ‘imminent’, court told

Mrs Justice Keegan agreed to stay the action amid confirmation that all classes in other UK regions are to shut down due to coronavirus.

The mother of a seven-year-old pupil from Co Armagh with severe asthma brought proceedings over the decision not to close Northern Ireland’s schools.

But her barrister said it now seemed “blindingly obvious” that Education Minister Peter Weir must join Scotland and Wales in ceasing from Friday.

With England expected to follow suit, Ronan Lavery QC said: “The closure of schools seems inevitable.

“I’m reluctant to waste valuable court time with something that appears imminent.”

He stressed, however, that a different position will be adopted if the shutdown in Northern Ireland is not confirmed by Friday.

Mr Weir has insisted closures will happen when the time is right, with the move to be based on expert clinical advice about the outbreak.

Legal action was taken against his stance, with the challenge also widened out to include the Minister of Health, the Education Authority (EA) and the Council for Catholic Maintained Schools.

Lawyers for the parent claim the current position is unlawful and contrary to the necessary protections afforded to all citizens under the Human Rights Act.

During an emergency hearing on Monday a judge was told the mother fears she will be compelled to send her daughter to school, despite the health risks.

Parents can be prosecuted if their child’s attendance rate falls below 85%.

Reassurances were given that the mother of the girl will not be prosecuted for keeping her out of classes due to pandemic.

Amid fast-moving developments, all sides agreed yesterday that the case should not go ahead at this stage.

Tony McGleenan QC, for the Departments under challenge, voiced concerns at any similar challenges to decisions being taken during the crisis.

“These are matters of high policy, they are plainly complex in relation to an evolving situation,” he stressed.

Mr Lavery replied that there were issues of rationality over different approaches to school closures in the Republic of Ireland and other UK regions.

“That was undermining public confidence in government,” he contended.

Staying the case until Friday, Mrs Justice Keegan pledged to ensure no non-urgent judicial review cases “clog up the system” at this time.

She added: “The case will be dismissed when we hear the news in relation to school closures, which Mr Lavery says is imminent.”