School sex assault appeal fails

The girl was too frightened to return to school

A mother's bid to overturn a decision allowing a boy who indecently assaulted her daughter back to school has failed.

A High Court hearing in London heard that Birmingham City Council's appeals panel allowed the boy, whose name has been placed on a Sex Offenders Register, to return to school four months after the assault.

The court heard that the teenage girl, who cannot be named for legal reasons, was too frightened to return to school after she was subjected to an 'unpleasant assault' by the boy in March.

The boy, who also cannot be named for legal reasons, received a police caution and was excluded for five days and then permanently by the school governors' disciplinary committee.

Perverse

But the boy's mother appealed and despite a letter from the girl's mother stating that she would withdraw her daughter from the school if the boy returned, the school appeals panel decided the boy should be reinstated.

The girl's mother took her challenge to the High Court claiming the panel's decision was 'perverse.'

Mr Justice Davis rejected the mother's challenge and said the panel had indicated it was unclear how serious the incident was.

"It is clear, as they expressly say, that they considered all representations made by the girl's mother in her letter," he said.