Ireland Supreme Court rules calculated grades exclusion in Mayo breached constitutional rights
Two home-schooled students, 18-year-old man Elijah Burke from Co Mayo and 18-year-old woman Naomi Power from Fiddown, Co Kilkenny, were excluded from the 2020 Leaving Certificate calculated grades scheme. The High Court found in their favour and both were awarded calculated grades, and the Court of Appeal held the exclusion was an unreasonable and disproportionate interference with their constitutional rights. Minister for Education Norma Foley appealed to the Supreme Court, which agreed to hear the case in June 2021, finding it raised issues of general public importance. In January 2022, the Supreme Court ruled that the exclusion was an impermissible interference with the constitutional freedom of the family to provide education in the home.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court22 Apr
4 reports - Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Two home-schooled students, 18-year-old man Elijah Burke from Co Mayo and 18-year-old woman Naomi Power from Fiddown, Co Kilkenny, were excluded from the 2020 Leaving Certificate calculated grades scheme.
- Elijah Burke was home-schooled by his mother Martina, a registered teacher, who was deemed to have a conflict of interest in providing teacher-estimated marks.
- Naomi Power was home-schooled mainly by her mother with assistance from her father and private tutors, none of whom were registered teachers.
- In court
- The High Court found in favour of both students and both were awarded calculated grades.
- The Court of Appeal found that excluding both students was unreasonable and constituted a disproportionate interference with their constitutional rights.
- Minister for Education Norma Foley appealed to the Supreme Court, arguing the Court of Appeal had identified a new constitutional right with significant effects for policymaking.
- In June 2021, a three-judge Supreme Court panel agreed to hear the appeal, finding the cases raised issues of general public importance.
- The Supreme Court hearing concluded in October 2021 before a five-judge court, with judgment reserved.
- In January 2022, the Supreme Court ruled that the exclusion was an impermissible interference with the constitutional freedom of the family to provide education in the home, holding the scheme was an exercise of executive power and the department's justification was insufficient.
- Other details
- The department argued it would be unfair to other students if home-schooled students were offered an individualised form of assessment.
- Naomi Power was not named previously because she was a minor aged 17 when her case was initiated.
30 statements extracted from the articles
- whatElijah Burke is an 18-year-old from Co Mayo, home-schooled by his mother Martina, a registered teacher. (irishtimes.com)
- whatMartina was deemed to have a conflict of interest in providing teacher estimated marks. (irishtimes.com)
- whatThe second student is a 17-year-old home-schooled mainly by her mother with the assistance of her father and private tutors, none of whom are registered teachers. (irishtimes.com)
- whatElijah Burke, 18, from Co Mayo, was home-schooled by his mother Martina, a registered teacher. (irishtimes.com)
- whatThe second student was 17 and home-schooled mainly by her mother with the assistance of her father and private tutors, none of whom are registered teachers. (irishtimes.com)
- whatElijah Burke is an 18-year-old student from Co Mayo who was home-schooled by his mother Martina, a registered teacher. (irishtimes.com)
- whatNaomi Power is from Station Road, Fiddown, Co Kilkenny, and was home-schooled mainly by her mother with assistance of her father and private tutors, none of whom are registered teachers. (irishtimes.com)
- whatThe cases involved 18-year-old Elijah Burke from Co Mayo who was home-schooled by his mother, Martina, a registered teacher. (rte.ie)
- whatThe second case involved a 17-year-old girl home-schooled mainly by her mother, with assistance from her father and private tutors, none of whom were registered teachers. (rte.ie)
- courtThe Minister for Education is seeking a Supreme Court appeal over the Court of Appeal findings. (irishtimes.com)
- courtA panel of three Supreme Court judges will decide whether the appeal raises issues of general public importance. (irishtimes.com)
- courtAfter the High Court found in favour of both students, they were both awarded calculated grades. (irishtimes.com)
- courtThe Supreme Court agreed to hear the Minister for Education's further appeal. (irishtimes.com)
- courtA three-judge panel said the cases raise issues of general public importance. (irishtimes.com)
- courtAfter the High Court found in favour of the students, both were awarded calculated grades. (irishtimes.com)
- courtThe High Court found in favour of the students and both were awarded calculated grades. (irishtimes.com)
- courtEileen Barrington SC, with Brian Kennedy SC, made closing arguments for the Minister. (irishtimes.com)
- courtThe Supreme Court ruled that the exclusion of two home-schooled students from the calculated grades system was an impermissible interference with the constitutional freedom of the family to provide education in the home. (rte.ie)
- courtThe Appeal Court found that excluding both students was unreasonable and constituted a disproportionate interference with their constitutional rights. (rte.ie)
- courtThe Supreme Court held the Calculated Grades Scheme was clearly an exercise of the executive power of the State. (rte.ie)
- courtThe court held there was an undoubted interference in the constitutional rights of the students and the justification offered by the department was insufficient. (rte.ie)
- courtThe court ruled the decision of the Calculated Grades Executive Officer that it would not be possible to award the students calculated grades was invalid. (rte.ie)
- courtMinister for Education Norma Foley had appealed against the Court of Appeal decisions in two cases. (rte.ie)
- otherThe Minister argued the Court of Appeal had made findings with significant potential effects for policymaking. (irishtimes.com)
- otherElijah Burke's mother was deemed to have a conflict of interest in providing teacher estimated marks. (irishtimes.com)
- otherMartina Burke was deemed to have a conflict of interest in providing teacher-estimated marks. (irishtimes.com)
- otherNaomi Power was not named previously because she was a minor aged 17 when her case was initiated; she is now 18. (irishtimes.com)
- otherNaomi Power's solicitor is Anthony Collier. (irishtimes.com)
- otherThe department argued it would be unfair to other students if home-schooled students were offered an individualised form of assessment. (rte.ie)
- otherThe students were subsequently awarded grades after winning their High Court case. (rte.ie)
The reporting
newest first- 24 Jan2022Minister loses appeal over home-schooled students
Supreme Court ruling in favour of two home-schooled students excluded from the 2020 calculated grades scheme; clarifies the legal test for when executive power infringes a guaranteed constitutional right.
victim, Elijah Burke, 18, male, irish (judged from name)Elijah Burkevictim, 17, female - 13 Oct2021Supreme Court to rule later on appeal over rights of home-schooled students
Reports the conclusion of the Supreme Court hearing on 13 October 2021 with judgment reserved. Identifies the second student as Naomi Power of Fiddown, Co Kilkenny, and details the legal arguments made by both sides before the five-judge court.
victim, Elijah Burke, 18, male, irish (judged from name)Elijah Burkevictim, Naomi Power, 18, female, irish (judged from name)Naomi Power - 28 Jun2021Supreme Court to hear Minister’s appeal on home-schooled students
The Supreme Court's three-judge panel identified issues of general public importance, including the nature of the power exercised in establishing the calculated grades scheme, the proper legal test for challenging such schemes, and whether a candidate has a constitutionally protected right to receive education at home outside a formal school structure.
victim, Elijah Burke, 18, male, irish (judged from name)Elijah Burkevictim, 17, female - 22 Apr2021Minister seeks Supreme Court appeal over findings favouring home-schooled students
The Minister for Education is seeking a Supreme Court appeal, arguing the Court of Appeal identified a 'new constitutional right' and departed from the established 'clear disregard' standard for judicial review. A panel of three Supreme Court judges will decide whether to hear the appeal.
victim, Elijah Burke, 18, male, irish (judged from name)Elijah Burkevictim, 17, female