Excluded students turn to courts

A legal battle is looming over school exclusions which teachers say could wreck the Government's drive to improve discipline in the classroom.

Senior judges are to look again at two landmark cases in which teachers' rights not to teach disruptive pupils appeared to have been established.

Both cases involve pupils who were excluded, but who successfully took their exclusion to appeals panels.

The House of Lords is being invited to consider one case. In the second, lawyers led by Cherie Booth QC will challenge the legality of teaching such pupils in isolation.

The disclosure comes after official figures showed the number of children excluded from schools is on the rise.

Government ministers have made it clear they do not expect appeals panels to overturn decisions. But if the Law Lords rule for the former pupils, appeal panels' decisions would be virtually unchallengeable.

Eamonn O'Kane, general secretary of the NASUWT teaching union, said today: "If we lose, it would send a message to schools that they will not be able to to act to uphold standards of behaviour. The consequence would be that teachers with no other means to defend themselves would leave the profession."

But Anjan Patel, the solicitor acting for one of the pupils, said: "Teachers have set themselves above the decisions of an independent body established by Parliament."

Jack Rabinowicz, solicitor for the other pupil, said: "Decisions were made by an independent tribunal. If teachers ignore this authority they are no better than the pupils they condemn."

The cases are expected to be heard in the autumn.