Pupil expelled for impersonating teachers at Northern Ireland grammar school loses appeal

A pupil who impersonated teachers and sent abusive emails to members of staff has lost a legal battle over his expulsion from a grammar school in Northern Ireland.

The 18-year-old, who cannot be identified, challenged the decision to remove him due to the “appalling” online campaign.

But Court of Appeal judges backed a previous ruling that his application for judicial review should be dismissed.

The pupil was expelled from an unnamed voluntary grammar school in December 2020 - a sanction subsequently upheld at an appeal tribunal.

His misconduct involved gaining access to an online learning system and sending offensive emails to members of staff over a three-month period.

He also impersonated teachers by sending emails in their names to colleagues.

“His biology teacher was a particular target of this appalling behaviour,” Mr Justice Humphreys said.

At no stage did the pupil or his parents deny the seriousness of the wrongdoing.

However, they claimed the school failed to explore alternative sanctions and follow its own procedures.

The case centred on how the appeal against expulsion was dealt with by the tribunal.

In October last year, a High Court judge dismissed the challenge after ruling that a careful investigation into possible alternative disciplinary action was carried out.

Citing clear evidence that the pupil’s behaviour could potentially cause significant harm, he said procedural irregularities in the original school process resulted in no disadvantage at the “demonstrably fair” tribunal hearing.

Appealing those findings, lawyers for the pupil disputed a conclusion that the correct scheme was applied.

Mr Justice Humphreys acknowledged there were a number of significant failings in the school’s procedures.

The parents had been denied an opportunity to make oral representations at a consultation meeting and to the Board of Governors, he pointed out.

But the judge ruled: “The tribunal found that the school had considered alternatives to expulsion, having received evidence orally from the Principal, the Chair of the Board and the appellant’s parents.

“This was an entirely rational conclusion which was open to the finder of fact to make.

“There is no basis for such a finding to be impeached by way of judicial review.”

Affirming the original determination, he concluded: “Ultimately, the question of the merits of the decision was a matter within the jurisdiction of the tribunal and there is no ground to impeach that finding.”