A 13-year-old Horsham schoolboy, who was expelled after being accused of sexually molesting another pupil, has won the right to a High Court review of his case.

The boy was the subject of "various unspecified allegations of sexual abuse at unspecified times" of a fellow boy pupil between September 1997 and May 1998, the court was told.

On 22 March last year, the boy, who cannot be named for legal reasons, was arrested and questioned at a police station, but never prosecuted.

Mr Justice Hooper has granted permission for the boy's lawyers to mount a judicial review challenge to decisions by the school's governors and the West

Sussex County Council to confirm his permanent exclusion from the school.

His barrister, Carolyn Hamilton, told the judge there were no plans for the boy to seek reinstatement at the school.

The objective was to have the expulsion expunged from the boy's school record which might have serious implications for his future employment, she said.

The boy was expelled by the head teacher on May 11 last year and that decision upheld by the school's governors who said he

presented a "serious risk" to other pupils. The county council also approved the headmaster's ruling.

He started a new school on July 20 last year. In written submissions to the court, Miss Hamilton argued he had not had a fair chance to defend himself as his family were not shown details of the alleged victim's account before the decision to expel him.

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