Enoch Burke Seeks Appeal of School Ban, Remains Incarcerated
Jailed schoolteacher Enoch Burke is seeking permission from the Court of Appeal to challenge a High Court judgment from May 2023 that banned him from Wilson’s Hospital School in Co Westmeath. The case stems from a dispute over Burke’s refusal to address a student by their preferred name and pronouns.
Background of the Dispute
The conflict began in June 2022 when the then-principal, Niamh McShane, requested teachers to utilize a student’s recent name and pronouns “they” and “them.” Burke, an evangelical Christian, objected, stating the request conflicted with his religious beliefs. This led to his suspension and subsequent dismissal from Wilson’s Hospital School.
High Court Ruling and Contempt of Court
Judge Alexander Owens ruled in May 2023 that the school’s suspension of Burke was valid and issued an order restraining him from attending the school premises. Burke repeatedly breached this order, resulting in his incarceration at Mountjoy Prison for contempt of court. He has spent over 600 days in jail across multiple spells.
Recent Court Appearance and Appeal Bid
On Friday, February 27, 2026, Burke appeared before Judge Niamh Hyland via video-link, requesting an expedited hearing for his application to appeal the High Court’s judgment. He argued that a recent statement from the Department of Education – stating there is “no legal obligation” on schools to use a pupil’s preferred name or pronouns – supported his position and warranted his release from prison. Irish Times
Burke contended that his continued imprisonment was unjust in light of the Department of Education’s statement and that a successful appeal would necessitate his immediate release.
School’s Response and Court Decision
Rosemary Mallon, representing Wilson’s Hospital School’s board of management, stated the school would defer to the court regarding Burke’s application for an expedited hearing. However, she also opposed Burke’s request for a stay on the appointment of a new disciplinary panel (Dap) to consider his appeal of his dismissal, arguing that Burke was seeking an injunction against the Dap process. Irish Examiner
Judge Hyland granted Burke an expedited hearing in April, despite expressing “reservations” about the delay in appealing the original order. She rejected Burke’s request for a stay, stating the Court of Appeal lacked jurisdiction to issue such an order before granting an extension of time to appeal. Burke expressed his “astonishment” at this ruling.
Previous Legal Challenges
Burke has previously brought lawsuits against two prior panels convened to hear his appeal, with his most recent action being struck out after two panel members resigned and the third member recused herself. Irish Examiner
Ongoing Incarceration
As of February 27, 2026, Enoch Burke remains incarcerated at Mountjoy Prison for his continued refusal to comply with the court order prohibiting him from attending Wilson’s Hospital School. BBC News