A UNION is taking Blackburn education chiefs to court, claiming its suspension policy for teachers is a breach of human rights.

The NASUWT has lodged papers with the High Court in London in a bid to force Blackburn with Darwen Council to alter its rules.

The union claims the council's policies "treat teachers worse than criminals" and are the only ones of their kind in the country.

Concerns came to light following John Hacking's suspension as deputy headteacher at Lammack Primary School, Blackburn.

Mr Hacking of Earnsdale Avenue, Darwen, was sacked after calling a colleague Miss Knickers -- but in February was awarded £43,000 for unfair dismissal.

He was suspended in September 2001 and was dismissed 22 months later having being accused of calling female staff by their nicknames, kissing a female teacher on the lips and making racist remarks -- all of which he denied.

He would have been be in breach of his suspension terms if he had communicated with any Blackburn with Darwen employees, governors, pupils or parents.

NASUWT claim all suspended teachers in Blackburn with Darwen are subject to the terms and are bringing the court proceedings under another Blackburn teacher's name -- claiming his suspension terms mirrored John Hacking's.

The union claim teachers affected would have to avoid bumping in to 40 per cent of the population in Blackburn with Darwen area to adhere to the "unworkable" terms.

And they also blasted a

chaperone system where a suspended teacher could only meet colleagues in the company of an LEA official.

NASUWT negotiating secretary in Lancashire, Lesley Ham, said: "The NASUWT solicitor has instigated proceedings on behalf of a teaching member to challenge the terms of suspension applied to teachers who work within Blackburn with Darwen schools.

"We are awaiting a hearing date at Manchester District Registry. The length of suspensions and terms of suspension imposed on teachers break aspects of the Human Rights Act. It's regrettable, but Blackburn with Darwen has not intimated any inclination to rectify this."

Mr Hacking said of his suspension terms: "I felt humiliated and like I'd been sent to Siberia. If I wanted to see someone connected with the school on a social basis, I could but only after filling in a request form."

Dick Greenfield, NASUWT executive member for Lancashire, added: "The terms of suspension in Blackburn with Darwen are unbelievable and we challenge them. No other authority in the country has got these terms."

Peter Morgan, Blackburn with Darwen's director of education and lifelong learning, said: "We are awaiting the court hearing for full discussion of this issue."