Le Chéile AGM and Conference Marie Céline Clegg IBVM The Statutory Responsibility of the Board of Management A Selection of Case Studies/Case Law Le Chéile AGM and Conference Workshop Marie Céline Clegg IBVM 3 February

Aims of Workshop To consider some Case Studies/Case Law To explore the relevance of the issues to our role as BOM To raise any issues pertaining to the board’s statutory responsibility from our own experience

Legislative Framework: Relevant Legislation and Instrument of Governance

Significant… The Constitution of Ireland The UN Convention on the Rights of the Child (1989) Child Protection Legislation Non-Fatal Offences against the Person Act, 1997 Education Act, 1998 Education (Welfare) Act, 2000 Teaching Council Act, 2001 Equal Status Act, 2000-2008 Ombudsman for Children Act, 2002 EPSEN Act, 2004 Health and Safety Act, 2005 European Convention on Human Rights and Fundamental Freedoms Data Protection Legislation Employment Legislation

Case Studies as a ‘Learning Tool’ for Good Leadership “Cases that are grounded in everyday recognisable problems and dilemmas have the power to stimulate reflection on practice” (The Moral Dimensions of School Leadership, Wildy, Dempster and Freakley, 2001)

Let us Consider… Case Study – Admissions Policy Recap on ‘Molaga’s’ as precedent City of Waterford VEC v DES & Others, High Court [2011] O’Conghaile v Mercy Mean Scoil Mhuire, Equality Tribunal [2007]

Admissions Policy Case Study

‘Recap on Molaga’s…’ Significant ‘landmark’ case involving ‘Judicial Review’ of decision made by s.29 Appeals Committee and subsequent appeal to Supreme Court.

City of Waterford VEC v DES & Others High Court [2011] A case involving student conduct issues A challenge by way of judicial review was made against decision of s.29 Appeals Committee What is the ‘learning’?

What are the Issues?

Question? What factors will be the most influential in deciding the outcome of this case?

Equality Tribunal Board of Management as Employer

Applying the Principles Draft Policies in accordance with provisions of legislation and characteristic spirit of the school Ensure that adoption of significant policies is formally noted in BOM Minutes Approach policy formulation and implementation rationally and reasonably and ensure that there is congruence between POLICY, PROCEDURE and PRACTICE.

The resolution of complex multidimensional situations requires the use of good judgement based on a sound knowledge of the facts of the case and an understanding of the underpinning values of our educational philosophy”