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The parents of a sixth form pupil at high-flying Ilkley Grammar School have won an appeal against a decision to exclude their daughter for possession of a small amount of cannabis.

The 16-year-old female pupil, who has not been named, was excluded informally by the Cowpasture Road school in January this year after being found in possession of the class C drug while on its premises.

When the girl's parents made it clear they wished to appeal against the decision, the Year 12 pupil was formally excluded to allow an appeal hearing to take place.

A panel of school governors upheld the school's decision to exclude the girl at a hearing in February. However, that decision has now been overturned by an independent appeal panel sitting at Bradford's City Hall.

The pupil's father, who did not wish to be named, said: "My faith in the appeal system has been partly restored.

"While I do not agree with anybody using cannabis, pupils should not be permanently expelled for a first time offence or possession of a minute quantity.

"A high proportion of young people experiment with cannabis. Expelling them from school as an example does not help anyone. In most cases, it just makes the wider situation worse, including that of the schools.

"I am currently looking at the possibility of a civil claim against the school for unlawful exclusion.

"The head teacher should look at the education of her staff and governors for which she is responsible so a much better rational educated approach can be made in the future."

James Wilson, a solicitor with Huddersfield-based firm Ridley and Hall, represented the pupil and her family at the City Hall appeal hearing.

He said: "The decision to exclude the pupil for possession of a minute amount of cannabis was irrational. The head teacher and chairman of governors did not consider the school's policy.

"The reason behind the exclusion appears to be that the head teacher was angry that other pupils circulated a petition to try to keep the pupil in school. Clearly it is not rational to expel one pupil for what other pupils have done.

"Here the case was presented calmly to the independent appeal panel, and the panel reached the fair conclusion. I would urge anyone whose child is excluded from school to take legal advice."

Ilkley Grammar School head teacher Gillian James said: "We do not have an ongoing drugs problem in our school. Any decision to permanently exclude a student is not taken lightly, balancing the nature of the disciplinary offence and the interests of the excluded student with the effect on the school and its students.

"The Department for Children, Schools and Family drugs guidance states that it is important for schools to reinforce to pupils the message that cannabis is harmful to health and is an illegal drug, and that possession remains a criminal offence which may lead to a criminal conviction'.

"Our Drugs in School' policy states that our intention is: to send a clear message that drugs, drug takers and drug dealers have absolutely no place in school', "Our school ethos is based around Achieving your Personal Best' and at the heart of this is students taking responsibility for themselves and their actions and for the choices they make."

The unnamed pupil will begin her A-level study again at a different school from September.

2:21pm Friday 2nd May 2008

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