A High Court dispute between the Department of Education and Science and the board of management of Farnham National School in Co Cavan, relating to two children of the same mother, one of whom is adopted, has been settled.
Mr Justice McKechnie said he was extremely grateful that an arrangement had been worked out between the Minister and school board because the issues were extremely difficult and related to an unprecedented set of circumstances.
The Minister and the management board had issued judicial review proceedings against each other.
The adoptive parents of a boy attending the school at Drumelis, Co Cavan, and the mother of a five-year-old girl who is also the natural mother of the adopted boy were joined as notice parties.
Father Andrew Kearns, chairman of the school board, had said in an affidavit at an earlier court hearing that the mother had sought in September 2000 to enrol her daughter at the school for the academic year 2002-03. There had been 40 applications for places, but only 26 available.
The board decided the child did not fulfil conditions for enrolment because she and her mother were not living in the school catchment area.
Subsequently, Father Kearns said, he learned that the girl's mother was also the natural mother of an adopted boy in his final year at the school.
The adoptive parents expressed concern to the board and to Father Kearns that the enrolment of the girl would be detrimental to the best interests and welfare of the adopted boy.
These concerns were based on the history of the relationship between the adoptive parents and the boy's natural mother, which had culminated in a High Court finding that it was in the best interests of the boy to remain with his adoptive parents.
In 2002 an appeals committee established by the Minister had upheld the appeal of the girl against the board's findings.
Father Kearns said it appeared the committee was of the opinion that the girl was entitled to attend the school because she had a sibling already on the school rolls.
Following several hours of talks yesterday, Mr George Bermingham SC, for the Minister, told Mr Justice McKechnie that the proceedings could be struck out because an agreement had been reached between the parties.
Mr Justice McKechnie said the settlement could only be in the interests of the children.
While no details of the settlement were given, it is understood the girl will not attend the Farnham school before next September. By that time the adopted boy will have finished at the school.