It was thisissue which effectively ended the UK action.Mr Care said: "In the US, their 'no win, no fee' deals mean exactly that. If the claimant lawyers withdraw or lose, their client does not have to pay costs."Mr Care said because legal aid was not available for money claims in the UK his client's options were limited to finding a "white knight" to fund the litigation in the UK or to "going to the States to seek justice".However, Mr Care also raised the possibility of funding by the Legal Services Commission. "If ever there was a case 'in the public interest' this must be it. There should be no waste of public funds if the court allows the case to proceed on the real question.". The recent conviction of the Welsh headmistress, Marjorie Evans, for common assault of a 10-year-old boy was the first criminal prosecution of its kind. Her successful appeal at Cardiff Crown Court on Friday provided a personal vindication for Mrs Evans and will have been viewed with relief by the 410,000 members of the teaching profession. But the prosecution has opened the door to more general questions about the use of force against children.

The recent conviction of the Welsh headmistress, Marjorie Evans, for common assault of a 10-year-old boy was the first criminal prosecution of its kind. Her successful appeal at Cardiff Crown Court on Friday provided a personal vindication for Mrs Evans and will have been viewed with relief by the 410,000 members of the teaching profession. But the prosecution has opened the door to more general questions about the use of force against children. The English joke that they are kinder to dogs than people. Realistically though, what level of discipline meted out by parents, close family, and all those in loco parentis such as carers, babysitters, nannies and teachers is actually allowed by law?Statutory protection from ill- treatment is given by the Children and Young Persons Act 1933 ("CYPA").

Under section 1(1), it is an offence to assault or treat a child in a manner likely to cause unnecessary suffering or injury to health. So, what constitutes necessary suffering? In practice, the answer depends on who you are and your relationship with the child.It would appear that more licence is given to parents than to those responsible for teaching and overseeing children for long periods. Family apart, teachers are the largest group of adults in contact with children for any length of time. They can be responsible for their welfare for 35 hours a week Longer at boarding schools. During this time they can face anti-social behaviour from pupils who are bigger than them.

Even 10-year-olds may be intimidating.Some teachers are therefore at physical risk from the pupils - and their parents - and yet have few sanctions available to them. In the aftermath of the Evans prosecution, the prospects of ending up in court following a pupil/teacher confrontation are very real. Many children understand the meaning of compensation and how to manipulate situations to their advantage.Physical punishment in schools is strictly prohibited. In nurseries, any form of physical punishment is unacceptable. At state schools, "corporal punishment" has been prohibited since 1987. The ban was extended to independent schools last year by the School Standards and Framework Act 1998. This includes any post-event physical sanctions.Teachers may nevertheless exert "reasonable force" to control or restrain pupils from committing a crime, causing injury or being disruptive.

This right is expressly stated in section 550A Education Act 1996. Explanatory guidelines on the operation of this provision are contained in a government circular, number 10/98. This identifies circumstances in which physical intervention is justifiable. The main situations are self-defence, aborting a "developing risk of injury", or countering a breach of discipline. The latter is most likely to generate controversy.Mrs Evans maintained throughout that all she did was restrain the boy when he attempted to head-butt her. She was adamant that she did not slap him and she would have known that this was outlawed. The literature states quite clearly that you cannot use your body as a weapon.