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Court of Appeal: (a) dismisses appeal from High Court, and affirms interlocutory relief requiring that two pupils be readmitted to school following a decision to suspend them for posting a film on social media of alleged drug taking on school premises, on the grounds that they had established an arguable case that a decision that expulsion was appropriate was irrational and that the balance of injustice favoured returning them to school during their Leaving Certificate year; but (b) varies the terms of the interlocutory order such that the pupils should only be readmitted to school pending the determination of the matter.
Birmingham P (nem diss): Education - filming by two pupils of alleged 'snorting' of cocaine in class - posting of film on social media - report to school by mother of boy who posted film - alleged assurance that he would not be in trouble - co-operation between pupils and school authorities - suspension of boys who posted film - decision by Board of Management to expel boys - judicial review of decision to expel - interlocutory relief - grant of interlocutory relief by High Court - whether an opinion that expulsion was the appropriate sanction equated with a decision to expel - whether an arguable case that decision to expel was irrational - risk of injustice - form of order.
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