School expulsion in Ireland: a socio-legal rights-based analysis of expulsion law and practice

This thesis presents a socio-legal analysis of how school expulsion decisions are made in practice and the extent to which they comply with legal and procedural fairness standards. The study is contextualised through an analysis of the legal foundations of the right to education, the right to be heard, and the right to fair procedure. First-hand observations of school board practices, coupled with an identified gap in the literature on school expulsion in Ireland, have motivated this research. Underpinned by Pierre Bourdieu’s theory of practice, the thesis conceptualises expulsion not simply as a legal decision but as a social practice embedded within structures of cultural and symbolic power. The study begins with an analysis of the legal framework, which is complemented by a literature review of sociological aspects of expulsion. A detailed examination of methodological and ethical issues related to socio-legal research informed the empirical component of the study. Data were gathered through semi-structured interviews with key expulsion decision-makers, students and parents affected by both formal and informal expulsions to gain a comprehensive understanding of expulsion law in practice. The interviews examined decision-makers' understandings of the legal context of expulsion and their experiences of the expulsion and appeal mechanism. This revealed inconsistencies in the interpretation and implementation of legal obligations. In addition, the findings unveiled a complex array of concerns, particularly regarding the independence of decision-making processes. Other important issues identified include structural weaknesses within the legislative framework and a marked tendency among some decision-makers to favour professional judgement over strict legal compliance. While often well-intentioned, this practice raises significant concerns regarding adherence to legal standards, particularly in cases such as informal expulsions that occur without formal documentation or access to appeal, and reflects a broader ambivalence towards established legal procedures. The role of judicial review in expulsion cases is examined, as are the legal grounds upon which such reviews may be sought. The thesis investigates the legal standing of s. 29 appeal committee decisions and the deliberations of the Higher Courts in matters relating to expulsion. The study examines the development and procedural operation of s. 29 appeals, highlighting barriers to participation in appeals, including limited access to information and a lack of legal support. It criticises the underutilisation of the student voice in appeals, contrary to the provisions of Article 12 of the UNCRC. The study investigates the influence of socio-economic status and family engagement in shaping expulsion outcomes. It reveals how school expulsion disproportionately affects students from marginalised backgrounds and explores how expulsion affects students’ well-being and access to a new school. The thesis concludes by advocating for legal reform to align expulsion practices with rights-based standards. It proposes the creation of an independent agency to oversee expulsion appeals and support families.

Grantor dc:publisher

University College Cork

Year dc:date.issued

2025

Author dc:creator

• Cawley, Enda Terence

Advisors dc:contributor.advisor

• O'Mahony, Conor
• Forde, Catherine

• Education and the Law
• Socio-legal analysis of school expulsion in Ireland
• Mechanisms of school expulsion
• Challenging school expulsion - procedural fairness
• School expulsion – essential procedural improvements
• Students’ and parents’ right to be heard in school discipline matters
• Natural justice in school expulsion decision-making
• Informal school exclusion
• School expulsion law in practice
• The right to education – Irish and international law
• Legal consciousness and school expulsion decision-making
• School expulsion – a Bourdieusian perspective

Statement dc:rights

• © 2025, Enda Terence Cawley.

Licence dc:rights.uri

• https://creativecommons.org/licenses/by/4.0/

Language dc:language.iso

en

Handle dc:identifier.uri

https://hdl.handle.net/10468/18781

OAI identifier oai:identifier

oai:cora.ucc.ie:10468/18781