A BOY aged 12 who claimed he was made fun of by a teacher who implied he was effeminate in front of his class mates has been unfairly permanently excluded from an East Lancashire school, it was annnounced today.

And an investigation by the local government ombudsman said that the boy's exclusion from St Christopher's CE High School, Accrington, was not appropriate and that it should only have been used as a last resort.

The report says the boy had a background of being sensitive and had been a keen pupil with no disciplinary problems. But after being the butt of jokes about being effeminate and following further grievances against a teacher -- who he accused of being a "thug" and was frightened of -- his attendance started to become poor. The break-down of his parents' marriage also had a distressing effect on him, the report says.

The boy is currently being taught at home by his mother and is waiting to see a child psychologist.

The ombudsman Mrs Patricia Thomas, who finds the boy a victim of "maladministration and injustice," investigated after his mother complained that an independent appeal committee failed to consider properly an appeal against her son's permanent exclusion.

Mrs Thomas today said that no committee "could reasonably have concluded that exclusion was appropriate in all the circumstances" and that their decision went against Government guidance that exclusion shold be "a last resort for serious misbehaviour." The ombudsman also recommends records held on the boy should contain her report and conclusions and that the school should look at the training for its appeal committee members.

The boy, who is referred to as Robert in the report for legal reasons and his parents as Mr and Mrs Lee, attended the school between September 1997 and March 11 1999 when he was excluded for "abusive name-calling of a teacher and repeating malicious allegations about him." Earlier he had been made a pupil of the month.

The first incident which concerned Mrs Lee involved a member of staff making a joke in front of the class implying that Robert was effeminate.

Later Mrs Lee went to the school to complain about a further incident involving Robert and the teacher about whom he had previously complained.

Robert and his mother alleged that the teacher had thrown a jagged lump of metal, with force, at Robert's face in class and that he had narrowly avoided injury. A witness and the teacher said that the teacher had tossed the lump of metal, which was magnetic, underarm for Robert to have a look.

The headteacher Alasdair Coates wrote to Mrs Lee saying that he was concerned that spurious and malicious allegations were being made. Robert said he did not want to return to school because he was frightened of the teacher. Mr Coates said the allegations had been investigated and found to be without justification.

Today the school would only reply in a prepared statement which made no mention of the future of the boy.

Mr Coates said: "The expulsion of a pupil is a rare occurrence. When it is essential to maintain high standards the school does not shrink from its duties to other pupils, staff and parents.

"It accepts that the correct, rigorous procedures must be followed."

A further press release issued by the school said: "The report will be be considered by the governors of St Christopher's at their next full meeting."

The ombudsman will be advised within three months what action has been taken or proposed."