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High Court: (a) refuses to quash by way of judicial review a finding of fact but the board of management of a school that a teacher had made a certain comment to a student, on the grounds that the board had the power to make such a finding of fact; but (b) quashes a 'final letter of warning' written to the teacher, on the grounds that the board of management had exceeded its powers in determining that the comment constituted 'inappropriate behaviour', and had otherwise failed to follow proper procedures.
Judicial review - finding by board of management of school that teacher had engaged in inappropriate behaviour and language with student - final written warning - refusal to permit appeal - preliminary issues - school complaints procedure - disciplinary procedures - Department of Education and Science circular 60/2009 - Section 15(2) of the Education Act, 1998 - allegation that 15-year old student had been called a "little bitch" by teacher - stages of complaints procedure - deficiencies in process as conducted by Board of Management - failure to call evidence from student - exceeding powers - whether 'inappropriate behaviour' had sinister connotations - letter from Board of Management to teacher - notification of intention to appeal - failure to comply with provisions of Department circular - denial of right to appeal - proportionality - de minimus non curat lex - delay.
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