Schoolboy fails in High Court order bid

A 16-year-old boy who was refused lessons by some teachers at his school because of allegations about his behaviour today failed to win a High Court order compelling them to teach him in a classroom context.

The boy, who can only be referred to as "P" for legal reasons, was expelled from Bonus Pastor School in Lewisham, south London, last summer before governors overturned the decision.

He is now being taught in isolation by two supply teachers who are not members of the National Association of Schoolmasters Union of Women Teachers.

Staff claim that the boy, who denies the allegations, threatened teachers, assaulted pupils and is unteachable in the classroom.

The boy's lawyers urged Mr Justice Morison (correct) to rule that the teachers' action was illegal because it was not related to their terms and conditions of employment.

NASUWT says there has been no diminution in the boy's education because he now had the benefit of one-to-one teaching and argued that the action was in furtherance of a valid trade dispute arising out of the headteacher's direction that they should teach the boy.

Neither the boy nor his family were in court to hear the judge dismiss the action and refuse permission to appeal, although he can apply to the Court of Appeal direct.

NASUWT made no application for costs against the boy, who is legally aided.

Ruling that the union action was lawful, the judge said that it was a "tragedy" that the difficulties in the boy's schooling should have reached the courts.

"There must be a better way, given reasonable goodwill, for the problems to be overcome.

"I trust the parties will now find it possible to turn over a new leaf. P is at an important moment of his educational life."

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