Education Law Update: Mary Stokes V CBS High School Clonmel

On 24 February last, the Supreme Court dismissed the appeal brought by Mary Stokes against CBS High School Clonmel ("the School"). Her case against the School had focused on the inclusion of the parental rule in its Admissions Policy.

She argued that her son, as a member of the traveller community, had less of a chance of having a father who went to the School as many travellers have not attended second level over the past few decades.

Therefore, she asserted that the parental rule was indirectly discriminatory against members of the traveller community and in breach of the provisions of the Equal Status Act 2000 (the "Act").

Background

John Stokes applied for a place in the School for the academic year 2010/2011. Places in the School for that year were in high demand with 174 boys applying for the 140 places available in first year.