Covid restrictions: NI child’s ‘right to play sport’ case moving towards judical review

The clarification follows a planned judicial review, being launched on behalf of an eight-year-old keen footballer from Magherafelt, alleging that the boy has been unlawfully denied the denied the right to play sport.

However, in a fast-developing situation, the lawyer preparing to take on the Executive has condemned the slow response, branding it: “A cynical attempt to frustrate due process.”

It has also emerged the Executive failed to consult with the NI Commissioner for Children and Young People around the refusal to lift the ban on outdoors sports, which may constitute a breach under international law in regards to the Rights of the Child.

Stephen Atherton, of JJ McNally Solicitors, has confirmed instructions had been received to challenge the Executive and, if required, seek a judicial review.

In the wake of the announcement of the legal challenge, support flowed, including from Northern Ireland Women’s Team Manager Kenny Sheils, who stated: “At last we have a voice.”

Pre-action notice was served on the Executive on Monday, November 23, stipulating a response by 5pm the following day.

The clock ticked, and instead, Mr. Atherton received an email on behalf of the Executive on Wednesday afternoon indicating that a formal response to pre-action notice will be issued by Tuesday, December 1.

Mr. Atherton said: “In March, the lives of our children were turned upside down. The cruel and bitter irony is, however, that it is not the Covid-19 virus that is harming our children... it is society’s response to the pandemic that is damaging the physical and mental health of the youngest and most vulnerable members of our community.

“The Executive’s failure to respond meaningfully, thus far, has inhibited my ability to lodge proceedings in the High Court, as it will not countenance making an order against the Executive in the absence of any substantive response from them, particularly in circumstances where they have indicated a date of reply.

“This is a... deliberate attempt to frustrate due process, and will result in children being unable to play sport outside in any context this weekend.”

Mr Atherton said that when the correspondence arrives, “its adequacy will be considered” and, unless the Executive permits a swift return to play, he “will move immediately to enforce the rights of children”.

“This is in clear breach of... International law – namely, Article 12 of the UN Convention on the Rights of the Child – which stipulates that all children have a right to be heard in all decisions that affect them directly.”