A home-schooled Leaving Cert student who was denied calculated grades by the Government has won his legal challenge in the High Court.

The Department of Education had argued that it was a conflict of interest for 18-year-old Elijah Burke to be marked by his mother.

It also failed to put in place any provision for his work to be marked by another teacher – which would have been the case if his mother was teaching him in a school.

In a ruling this morning, the High Court found that the exclusion of students who are schooled by a parent at home is arbitrary, unfair and unreasonable.

Mr Justice Charles Meenan said offering Mr Burke the chance to sit exams in November was not an answer as he would not be able to begin third-level education this year.

He said an independent teacher should be appointed to award Mr Burke estimated marks in all of his subjects.

Delighted

Speaking after the judgement, the 18-year-old said he was overjoyed both for himself and for other home-schooled students.

“The past four months from May 24th have been very frustrating for all of us,” he said.

“They have been times of uncertainty and this news today means that all students are treated fairly regardless of where they go to school.”

Landmark ruling

He said the case had important consequences for home schooling into the future.

“We sat down and talked about it and we concluded that out of principle, we would undertake legal action,” he said.

“Not only for me but for all of the home schoolers in Ireland and for the future of home education, we thought it was a very important court case and a discussion that needed to be had.”

Inclusion

His mother Martina said she never had any problem with an independent teacher marking her son’s work.

“We never had any issue with that,” she said. “So that is up to them; any teacher anywhere, we are just wide open to that.

“We never had an issue with that,” she said. “It is not about what grade Elijah gets; it is to be treated equally.

“So, it is nothing to do with him getting a H1, H2, a H5 – it is nothing to do with that. It is to be included.”

With reporting from Andrew Lowth