The Court of Appeal has ruled that Education Minister Paul Givan acted lawfully when he refused integrated school status to Bangor Academy and Rathmore Primary School in County Down.

The decision, handed down this week, dismissed a legal challenge brought on behalf of pupils at the two schools. Judges concluded the minister’s decisions were rational and lawful, and that none of the grounds of challenge raised an arguable case with a realistic prospect of success.

Givan rejected the schools’ transformation bids in January 2025, pointing to legislation requiring integrated schools to have reasonable numbers of both Protestant and Catholic pupils. Catholic enrolment at both institutions had been around 3% in recent years, which the minister said was insufficient.

The Court of Appeal focused on the relationship between two articles of the Education Reform (Northern Ireland) Order 1989. Article 64 places a duty on the Department of Education to encourage and facilitate integrated education, while Article 92(6) states that a school must be likely to provide integrated education with reasonable numbers of both traditions. The court found that if the minister lawfully concluded the enrolment condition was not met, he was obliged to refuse approval.

Welcoming the judgment, Givan said it reaffirmed that demonstrating realistic cross-community demand is a central requirement. He added that the ruling confirmed the integrity of his decision-making and highlighted the need for robust evidence when bringing forward transformation proposals.

Bangor Academy, Northern Ireland’s largest school with approximately 1,850 pupils, and Rathmore Primary both secured strong parental backing for the move to integrated status in 2023. In a ballot at Bangor Academy, almost 80% of participating parents voted in favour.

About 70 of the region’s 1,000-plus schools are formally integrated, educating around 8% of pupils. The first, Lagan College, opened in 1981. A 2022 law passed by the Assembly aimed to give more support to the sector, defining an integrated school as one that intentionally advances diversity and understanding between different cultures and religious beliefs.

The Department of Education welcomed the court’s clarity on the statutory framework, and Givan noted that while there is a strong duty to encourage integration, it does not override the obligation to apply the specific criteria set out in legislation.