Head's job fight returns to court

Marjorie Evans' suspension is lifted

The High Court has been told that governors at a Monmouthshire school were wrong to lift headteacher Marjorie Evans' suspension and then refuse to let her return to work.

Mrs Evans has begun her legal challenge to be reinstated at the school in Caldicot from where she has been suspended for 15 months.

She was convicted and later cleared of slapping a pupil at the school.

Support: Mrs Evans was given a suspended prison term

At the High Court in Cardiff on Thursday, Mrs Evans' barrister said the school's governing body has not properly adopted disciplinary rules and procedures.

He said the headteacher was suspended in "all but name" even though she has been told the suspension had been lifted when the Crown Prosecution Service decided not to take any further action against her.

Mrs Evans has been suspended on full pay from St Mary's Primary School, since September 1999 when she was accused of striking the 10-year-old boy.

Tried at Abergavenny Magistrates Court in July 2000, the 56-year-old teacher was initially convicted of common assault and given a suspended jail sentence.

Two months later, she was cleared on appeal and believed she would be free to return to work almost immediately.

But in December 1999 when she announced her intention to return to work, the education authority and school governors threatened her with further suspension if she set foot back in the school.

They said it would be inappropriate as they intended to hold their own disciplinary hearing over further allegations of child cruelty and mistreatment - which is yet to take place.

Mr Evans wants to return to St Mary's School

It was at that point that the National Union of Teachers took out an injunction against Monmouthsire County Council and St Mary's governing body.

The council and governing body were ordered to reveal the disciplinary measures they intended to take against Mrs Evans.

And they were told to hand over copies of witness statements from up to 30 people, including parents and staff.

The court heard on Thursday that the disciplinary hearing against Mrs Evans was due to take place on March 12.

Mrs Evans will not be taking the witness stand in the High Court case.

Former chair of governors Graham Powell - who stepped down from the position last year - is expected to give evidence.

The case has been adjourned for a week.