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16th Mar 2020

Mother in Armagh takes legal action against decision to leave schools open

Alan Loughnane

Northern Ireland schools

“There is no time for any further delay.”

A mother in Northern Ireland is legally challenging the decision not to close schools due to the Covid-19 outbreak.

The mother’s daughter attends a school in Armagh which is remaining open for the time being.

In a statement issued on Sunday night, Phoenix Law Belfast, who represent the woman, said: “We have today put the Minister of Education, the Minister of Health, the Education Authority and the Council for Catholic Maintained Schools on notice of our intention to apply for emergency judicial review of the current position with regards to the decision not to close schools across the jurisdiction.

“It is our client’s case that the current position is unlawful and contrary to the necessary protections afforded to all citizens under the human rights act.

“For these reasons, we have been instructed to put the various public bodies on notice of our intention to apply for judicial review.”

Darragh Mackin, solicitor at Phoenix Law, who is acting on behalf of the mother said: “It is clear that the respective public bodies have each failed in their respective obligations to our client, and indeed all children, by continuing to require their attendance at school in circumstances in which they would be at an increased risk of contracting the condition.

“There is no time for any further delay. The necessary policies and decisions all need to be taken in a manner that recognises the real and immediate risk. The wider international community has spoken. Their advice cannot and should not be ignored.

“It is a deplorable situation when a mother has to initiate urgent legal proceedings to ensure that her child, and indeed children across the jurisdiction, are afforded the necessary protections and safeguards required under law.”

The legal challenge comes as RTÉ reported Northern Ireland’s policy of not closing schools, despite the worsening coronavirus situation, will be challenged at a meeting of the power-sharing executive at Stormont this morning.

On Thursday, the Republic of Ireland announced the closure of all schools and educational institutions in the country and advised workers to work from home if possible.

Pubs were also asked to close from Sunday night until 29 March.

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