Pupil challenges refusal to teach

The boy is being taught in isolation

A 16-year-old schoolboy is challenging the right of teachers to take industrial action over disruptive pupils.

The boy was expelled by the head teacher at Bonus Pastor School in Bromley, Kent, after allegedly repeated disruptive behaviour, but then reinstated by the school's governors.

Teachers belonging to one of the main classroom unions, the NASUWT, then voted not to teach him.

The union says there have been 33 such ballots so far this year - against typically 50 a year.

In this case the boy - who can be identified only as "student P" - has gone to the High Court in London, arguing that teachers do not have the contractual right to refuse to teach individual pupils in this way.

Exam prospects

He is currently being taught in isolation at the school by supply teachers - which his mother says is denying him a proper education.

Simon de Banya: "Mother is angry"

A family spokesman, Simon de Banya, said P was a good student who was taking eight GCSE exams.

He had been expected to get B or C grades - but now looked like getting Es.

"His mother is extremely angry," he said.

In court, Nigel Giffin, counsel for the boy told Mr Justice Morison that the legal action did not depend on persuading him that the boy did or did not commit any particular act.

"Whatever the claimant may or may not have done, it's not for the teachers to usurp the role which Parliament has given to the head and governing body or an independent appeal tribunal," he said.

He argued that the teachers' industrial action was illegal because it was not related to their terms and conditions of employment.

'Bleak prospect'

The NASUWT says a crucial principle is at stake.

Nigel de Gruchy: "Defending our members"

"Can teachers be forced by their employers to risk physical assault and outright abuse in the course of their duties?" said the general secretary, Nigel de Gruchy.

"If NASUWT is not able to maintain its right to take such action, which it has done in thousands of cases over many years, then the future of the teaching profession would be very bleak indeed.

"There is a huge shortage of teachers at the moment. What message would be sent to prospective recruits if, when confronted with such extreme circumstances, they had no union to offer them the much needed protection which is afforded to every citizen outside schools?"

The case is expected to last until Friday.