Craigavon school campus closure decision was flawed, court told.

The decision to close a Lurgan campus was made by the Department of Education's Permanent Secretary last year.

The decision to close a County Armagh school campus required "political accountability that a permanent secretary doesn't have", the High Court has been told.

The Department of Education's permanent secretary decided that the Lurgan campus of Craigavon Senior High School (CSHS) should close this September.

That decision is being challenged in a judicial review.

The closure of the Lurgan campus will affect about 160 pupils.

A law enabling civil servants to take some decisions in the absence of Stormont ministers was recently extended.

But those opposed to the campus' closure are questioning whether the department's permanent secretary, Dr Mark Browne, should have made the decision in the absence of an education minister.

The 650-pupil school currently operates with one campus in Lurgan, and a larger one in Portadown five miles away.

About 160 of the school's pupils are taught in Lurgan, with the rest in Portadown.

In December 2022, Dr Browne decided to approve an Education Authority (EA) proposal to close the Lurgan campus of the school and for all pupils to be taught in Portadown.

The school welcomed his decision but consultations had shown opposition from a majority of respondents in Lurgan as well as in the Armagh, Banbridge and Craigavon council area.

An independent review commissioned by the council suggested closing the Lurgan campus "would likely exacerbate socio-economic deprivation in the area".

'Flawed decision'

The judicial review is being taken by Claire McKeegan from Phoenix Law on behalf of a pupil at the school who cannot be identified.

Ms McKeegan told BBC News NI that the case was of "wider constitutional significance on the limits of governance by civil servants, particularly during the current collapse of the devolved institutions".

During the High Court hearing counsel for the applicant, Dessie Hutton KC, told the court that closing the Lurgan campus of CSHS would mean "a generation of pupils in the Lurgan area will be deprived of access to key stage four provision in their own community".

All pupils would attend the Portadown campus of the school under Education Authority proposals

Mr Hutton argued that not only was the permanent secretary's decision "flawed" but also that he should not have taken it.

He said that given the community opposition a politician would have been "very, very cautious indeed" about approving the closure of the Lurgan campus.

"The populous in Lurgan would at least have a basis to hope that they would be listened to," he said.

"By virtue of their sheer numbers they would carry electoral weight."

New building 'a pipe dream'

Mr Hutton also questioned whether the decision could be taken by "someone who's not elected at all".

"There are some decisions that should not be taken in the absence of a minister," he said.

He told the court that the permanent's secretary's decision regarding Lurgan was "a major change to existing policy".

Mr Hutton also said the promise from the department of a new school building for Craigavon Senior High School was a "pipe dream" as it depended on funding being available in future.

The two-day hearing before Justice Scoffield will continue on Tuesday.

Judgement will then be expected at a later date.