EAST Lancashire teachers cite pupil misbehaviour as one of the main reasons they leave the profession prematurely.

And it is not surprising when a classroom can sometimes be a daunting place rather than a calm oasis of learning.

But in a landmark ruling by the House of Lords, five law lords unanimously found in favour of the teaching union NASUWT.

It recently balloted its members on the refusal to teach a pupil who had a long-term record of disruptive behaviour.

The union, which represents more than 200,000 teachers nationwide, claimed it was acting outside employment legislation since it was argued that the refusal to teach a pupil was not a genuine trade dispute.

But in winning their case at the High Court, Appeal Court and now in the House of Lords, teachers have been given the clearest sign yet that they do not have to tolerate bad behaviour.

Commenting on the verdict of the House of Lords, Andrew Jones from the NASUWT, said: "In Blackburn with Darwen we have not, as yet, had to ballot a school on industrial action concerning disruptive pupils, but I believe that the unions are only meeting the tip of the iceberg.

"This ruling will raise the issue in every school in the area. Teachers do not have to suffer in silence.

"This landmark decision will give heart to every teacher in the country. It constitutes a total vindication of the stand consistently taken by the NASUWT down over the years in giving total support to members when faced with violent or disruptive pupil behaviour."

And the union has now vowed to build on the success by ensuring that school management teams address the issue of disruptive pupil behaviour.

The National Union of Teachers backs the findings but is eager to see more done.

Secretary of State for Education, Charles Clarke, has also announced measures to support schools in maintaining civilised standards of behaviour by calling for serving teachers to stand on Independent Appeal Panels.

Appeals Panels still have powers to reverse decisions of schools to exclude pupils permanently. The unions say industrial action is then necessary to protect union members.

The NUT is calling for the power of Appeals Panels to reinstate pupils to be revoked.

Simon Jones, national executive member for the NUT said: "Although the success in the Lords is welcome, it leaves the central problem unresolved.

"Teachers should not be expected to face unacceptable behaviour. They should not need to resort to industrial action to protect themselves or pupils from abuse or violence.

" Requiring excluded pupils to be readmitted fails to solve the underlying problems leading to the exclusion. Excluded children and young people need special provision elsewhere."