A boy expelled from an English Schools Foundation (ESF) school after a playground scuffle was granted permission yesterday to launch a judicial review into the decision.
Mr Justice Michael Hartmann gave approval for the boy, 10, and his parents to fight the ESF's March 26 decision to expel the boy and bar him from ESF schools.
In granting leave for a judicial review, Mr Justice Hartmann said his decision was not based on the merits of the case but rather the impact on the future of the boy, who was close to completing his final year of primary school.
'I accept ... that in today's world, expulsion from a school, especially from a school of real standing such as the ESF ... is a great matter, as it is a case where it would affect this young boy's rights, the right to education,' the judge said.
'One has to be very careful to ensure when you are making a decision, that a decision is being made fairly. The allegation is that it has not been made fairly.'
In announcing his decision, Mr Justice Hartmann also asked the parents to closely consider whether taking legal action was the best course to take, given the emotional strain on their son.
Counsel for the family, Russell Coleman, told the Court of First Instance his clients had still not been given access to the school's disciplinary guidelines and, as such, were not sure whether their son had been dealt with fairly.