THE family of a Burnley youngster are threatening to sue his school for negligence after claiming he has been bullied for more than five years.

Marisa and Brian Walker allege that son Declan, 10, has been bullied at St James Lanehead, C of E, Burnley, since 1998.

The couple are demanding compensation after claiming the school has failed to protect their son or to exclude the bullies.

The school has denied any suggestion that it has failed to act to protect the interest of pupils in its care. Jennifer Brunskill has been head throughout the period in question.

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

The solicitor's letter said: "We are instructed that you have been aware that Declan has been bullied by two named individuals for many years. It is well established that the head teacher and governors of a school are under both a common law and statutory duty to maintain discipline and 'to take reasonable care for the health and safety of pupils.' The school has failed to perform this duty."

Mrs Walker, 45, of Lydgate, Burnley, said: "My son has been persistently bullied for more than five years. Even to the present day he is still being subject to the same mental and physical abuse that he experienced in 1998. The school's behaviour policy and anti-bullying policy are clearly failing.

"Because of fear for Declan's safety he has been unable to attend any school trips or out of school activities. Due to the school's continued denial that a problem with bullying exists and their refusal to do anything productive to protect my son from any further attacks, we have been left with no choice but to sue the school for negligence."

The family's solicitor Iain Cameron, of Nottingham firm French and Co, who specialise 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. The most important thing is to stop the bullying which has been making Declan's life a misery for so long. If that had happened already it need not have come to this extreme."

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."

A spokesman for the Department for Education and Skills (Dfes) said there had been several similar cases but only one succesful claim -- against Trafford LEA and Sale Grammar School in 2000.

They added: "Our policy on bullying is that every incidence should be taken seriously and steps should be taken to combat it firmly and promptly."