The Christian Brothers High School in Clonmel, County Tipperary, is
to challenge an Equality Tribunal ruling that it has to offer a place to
a Traveller child after the school was found to have indirectly
discriminated against him.
In a decision that could affect school enrolment policies around the
country the Equality Tribunal heard that the child, the eldest son of a
traveller family, applied for a place at the Christian Brothers High
School in November 2009.
However, he did not succeed in securing a
place at the school.
The school told his family that the number of applicants exceeded the
number of places and outlined the school's enrolment policy, which was
that applicants are prioritised according to three criteria, namely
being a Roman Catholic, having attended a local feeder school and having
a brother or father who had attended the school.
The school’s policy of giving priority to the sons of former students
was found to have put members of the traveller community at a
disadvantage.
The child fulfilled two of the criteria, namely he was a Catholic and
he had attended a local feeder school.
He did not however have a
brother or a father who had attended the school.
The argument was made that, as he is the eldest child, he cannot have
a brother in the school; and as he is the first male in his family to
progress to secondary school, he could not have a father who attended
the school.
The child's mother appealed to the Department of Education and Skills
unsuccessfully.
She then complained to the Equality Tribunal, through
the Irish Traveller Movement law centre, on the grounds that requiring
that an applicant should have a relative, specifically a father, who
attended the school disproportionately affects Travellers.
Last December her appeal was upheld and the school was ordered to offer him a place.
Speaking this week School principal Shay Bannon confirmed that the
board of management at the school had decided to appeal the Equality
Tribunals decision to the Circuit Court.
SIC: CIN/IE