- Deputy head Roy Cope has been acquitted of assault after magistrates said he had no case to answer
- He was accused of holding the boy by the wrists and slapping him on the side of the head
- The child hit up to ten classmates with his bag and shouted at a teacher
- Case cost taxpayers thousands but should not have been brought to court, the teacher's family say
Cleared: Deputy head Roy Cope outside Blackburn
Magistrates Court where he was cleared of assaulting an unruly primary
school pupil
Roy Cope had to restrain a pupil at St Bartholomew's Church of England Primary School in Great Harwood, Lancashire, who displayed the 'worst behaviour' he had seen in his 41 years in the job.
The 63-year-old deputy head was accused of holding the boy by the wrists and slapping him on the side of the head after the youngster went berserk and flew into an 'incandescent rage.'
This child, not named for legal reasons, had lashed out at other pupils with his satchel, pinned one to the wall by the throat and shouted at a teacher.
Mr Cope was asked to intervene when the boy was ordered out of class and was spotted in a corridor shouting at another member of staff.
Blackburn Magistrates Court heard that the case, which cost taxpayers thousands, and if Mr Cope was convicted could have faced up to six months jail, but to huge cheers from the public gallery he was acquitted.
He claimed all along the boy slammed his head against his hand while violently swaying and rocking in a bid to run away.
Chairman of the bench Graham Parr said: 'We accept that there were aggravating facts presented to us in that the boy was behaving in an unruly manner. We really have doubts over whether the contact constituted an assault.'
After the case was thrown out Mr Cope’s son Robin, speaking on his behalf, said: 'The family have had overwhelming support over my father’s case but it should never have come to court in the first place.
'The fact is there is an issue today with unruly children and it has come to this where dedicated teachers are repeatedly appearing before the courts on their say-so.
A retired detective inspector and a parent gave evidence at the hearing praising Mr Cope as a dedicated and professional teacher of the 'highest standards.'
'He continued the very idea of a Christian School, where every child mattered.'
Claims: The alleged incident took place at Bartholomew's Church of England Primary School in Great Harwood, Lancashire, pictured
'This is because of one child. There are not enough measures to deal with this.'
The court heard how the incident occurred last March while Mr Cope, from Accrington, was involved in a rehearsal for a forthcoming school production of Wind In The Willows.
The boy had become 'hysterical and out of control' in a class and one teacher, Thomas Lowe, said the pupil was in such a rage he grabbed railings to stop him being taken to Mr Cope’s office, continuously shouting ‘get off me, get off me’.
He said he saw Mr Cope hit the child and threaten to do it again if he did not calm down.
He told magistrates: 'Mr Cope was not using a technique I knew, but he seemed in charge. He was being forceful but fair.
Mr Neil White prosecuting said: 'Mr Cope has a long and distinguished teaching career with many decades behind him. He is a well-respected and well liked deputy head at the school.
'But the prosecution say that you cannot slap a boy across the face.'
Speaking in court Roy Cope responded: 'As a teacher with over 40 years’ experience this allegation has come as a great shock to me and caused me and my family great distress.
'Since the boy started school he was a disruptive and aggressive pupil and frequently disrupted the school. He is probably the worst of the pupils I have ever taught in 40 years of teaching and on occasions he is uncontrollable.
'He worked himself into an incandescent rage, I knew it was all bluster and knew he would eventually calm down. I had to be calm but firm with him.'
Another teacher went to Mr Cope’s aid as the tried to restrain the boy and calm him down.
But Mr Cope said: 'Because he had just been restrained he was more agitated than he had been and was trying to break free from his arms.
'I was trying to get him to stop wobbling round because he was getting more agitated and he slammed himself into my hand. He just kept rolling and rocking and trying to get rid of the restrain. All the time I was speaking in a calm quiet voice saying ‘calm down’ but once I had let go of his hands I may have said, ‘do you want me to do it again’ to stop his hands from moving.
'But I do not believe a slap across the face is a method of controlling children.'
Graham Boyes, a former headteacher at the school said: “Roy has worked to the highest of standards. He was an example to other members of staff.
'I have to say, over a long period of time the school functioned well and a lot of that was down to Roy’s work in the school.'
Mr Cope’s lawyer Simon Farnsworth said: 'The boy was an unruly pupil and has been since he started nursery. In Mr Cope’s experience the worst in over 40 years’ teaching.
'Mr Cope had been forceful but fair and went to assist as the boy’s arms were flaring. He is someone who deals with unruly pupils and he has dealt with these for many years.
'He is not the kind of man who would deliberately strike a young boy like this. This matter has got out of hand.'
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