A legal attempt to stop the closure of a tiny school in Co Tyrone failed to clear the first hurdle yesterday.
In the High Court in Belfast Mr Justice Morgan refused to grant leave for a judicial review of the decision to close St Mary's Primary School, Drumquin, which has just 10 pupils.
The case was brought by Adeline Taggart, Lisnacreight Road, Omagh, whose five year-old daughter Aoife attends the school which opened in 1957.
The respondents were the school's trustees, the Council for Catholic Maintained Schools (CCMS) and the Northern Department of Education.
Ms Taggart's lawyer said closure was due to take place on August 31st but before that could be lawfully done there was a statutory requirement to consult parents.
The lawyer said it was Ms Taggart's case that, while a form of consultation had taken place, it was wholly inadequate and the decision was a breach of the principles of natural justice.
David Dunlop, appearing for the trustees and the CCMS, said closure was first mooted in 2000 and there had been six meetings with a group representing parents before the closure decision was made last October.
"In terms of consultation, that was not an empty exercise," said Mr Dunlop. "Parents were listened to and their views respected but ultimately a decision was reached to propose to the department that the school should close."
David McMillan, for the department, said he supported the views expressed by Mr Dunlop.
Mr Justice Morgan said small schools were an integral part of local communities and St Mary's had been there for almost 50 years.
He said people associated with such schools, albeit small, felt very strongly that they should be retained.
It was not for the court to decide whether the decision to close was right or wrong but whether the decision was lawfully taken.
Holding that it was, the judge said he did not consider that there was an arguable case with a reasonable prospect of success that the decision could be challenged.
He refused leave to apply for a judicial review.