A judge has ruled that a Department of Education scheme aimed at reducing educational disadvantage did not discriminate against Catholics. Mr Justice Humphreys dismissed the legal challenge to how funding under the RAISE programme was allocated.
The scheme, introduced by education minister Paul Givan in 2024, sought to tackle underachievement and was largely funded by €24 million (£20 million) from the Irish government’s Shared Island Fund. It promoted a “whole community” approach to narrowing disparities in education and built on findings from the A Fair Start report, which recommended a suite of measures to address underachievement.
Questions had been raised about how eligibility for RAISE funding was determined. More than 400 schools in 15 NI areas were initially identified as potential beneficiaries, but the official DE list also included nearly 40 grammar schools and a fee-paying prep school, prompting concerns about how areas and schools were selected.
Three children challenged the Department’s method of choosing funding areas. Two of the applicants were unidentified; one was a Belfast primary pupil, another a post-primary pupil from Derry, and the third a pupil at an Irish language primary school in Belfast. Lawyers argued that the selection process disadvantaged Catholics and others experiencing significant educational disadvantage, pointing to a concentration of funded areas in communities with Protestant majorities or other demographics, and claims of discrimination against pupils in Belfast and Derry.
The High Court, however, found no direct discrimination based on religion or beliefs in the decision to use GCSE results as a basis for area selection. The judge noted the funding areas met a range of criteria and that the decision-making process was complex, involving multiple officials and experts. He also described the selection methodology as rational and not irrational.
Mr Justice Humphreys stated that it is not the court’s role to second-guess policy development. In response, Mr Givan welcomed the ruling, calling it a clear and comprehensive judgment that upholds the department’s approach to delivering RAISE. He said the decision to shortlist areas using multiple deprivation measures and prioritise those with the lowest GCSE attainment aligned with the programme’s aims and policy intent. The ruling, he added, provides certainty and enables progression to the next phase, including releasing funding for locality-led projects under RAISE.
