THE parents of a Burnley youngster are suing his school for negligence, claiming he has been bullied.

Marisa and Walker allege that Declan, 10, has been a victim at St James Primary School, Briercliffe, Burnley, since 1998.

A letter outlining the claim, which has been denied, has now been sent to the school and Lancashire Education Authority, which have three months to respond either with a rebuttal of the allegations or an offer of compensation. Court action could follow.

Mrs Walker, 45, of Lydgate, Burnley, said: " The school's head teacher is required under both common law and a statutory duty to maintain discipline and to take reasonable care for the health and safety of the pupils."

The family's solicitor Iain Cameron, of Nottingham firm French and Co, which specialises in education law, said: "We have written a letter to the school and the education authority setting out the case and they must now respond. "

A spokesman for the school said: "Every allegation of bullying of any child at the school is thoroughly investigated.

"The school operates robust anti-bullying and behaviour policies, and appropriate action has been taken against any child who is found to have bullied another.

"The school denies any suggestion that it has failed to act effectively to protect the interests of pupils in its care."