A teacher who faced unproven allegations of sexually abusing his pupils has won the right to bring a High Court challenge against his name being included on an official blacklist.

The teacher's QC, Cherie Booth, has been given permission to seek a ruling that the Health Consultancy Service Index of people deemed unsuitable to work with children operates unlawfully.

She argued the index was infringing fundamental human rights by destroying the professional lives of people who were the victims of rumour, but had never been found guilty of any offence.

Mr Justice Latham, sitting in London, said the case raised important issues which should go to a full hearing as soon as possible.

'Exemplary career'

Ms Booth described how primary school teacher SW, who cannot be named for legal reasons, had been "devastated" when his name was included on the index after a number of allegations of sexual abuse had been made against him.

There had been no prosecution, let alone conviction, but the allegations had brought to an end an exemplary career, she said.

The teacher had been dismissed from his teaching job as a result of Worcester County Council entering his name on the Health Secretary's index.

Ms Booth said the index had no statutory basis, but had arisen out of a government circular which had not set out how it should operate.

"The question is whether this index is a lawful approach to a problem which obviously exists - that is why we are challenging not simply the inclusion of SW, but also the legality of the index itself," she said.

Philip Sales, appearing for the Department of Health, argued the index was being operated according to domestic law and the European Convention, and said the application for judicial review had no prospect of success.