PAUL Fielding was so fed up of his teenage son coming home from school upset and with injuries that he considered legal action against the culprits.

His complaints led to an investigation at his school, Darwen Moorland, and he is now settling in at a different school.

But teaching unions now fear that the legal duty on schools to prevent children being bullied like Paul's son could lead to a flood of compensation claims.

And lawyers fear some parents will use the 2002 Education Act as an opportunity to take schools to court.

Mr Fielding said it was "about time" new legal powers were introduced to put pressure on schools to act. His son is now settled at Darwen Vale.

He said: "We hand our children over to the education system and there are too many teachers turning a blind eye to what goes on. I always believed that if you were in trouble in school you just had to put your hand up and it simply is not true.

"Schools have rules and responsibilities and anything that gives parents more power is a good thing." The Department for Education and Skills published its legal guidelines last week introducing a requirement on schools to "safeguard and promote" the welfare of pupils.

It is primarily aimed at protecting children but also covers their safety -- and bullying issues. In effect it means that head teachers will be breaking the law if they fail to prevent pupils from being victimised.

Childline says it gets more calls about bullying than any other issue. And Britain's booming compensation culture is already estimated to cost schools £200million a year -- enough to pay 8,000 extra teachers. Lesley Ham, Blackburn secretary for the National Association of School Master Union of Women Teachers, said: "It's hard to imagine that parents won't cash in on this now that companies are pushing no win no fee claims and we are living in a litigation culture.

"But it is very difficult for schools. Children don't always come forward or if they do, there is usually more to the story than meets the eye. Each case is individual and for a few parents, suing the school will be a way they channel their anger about bullying."

One Burnley mum whose 10-year-old son suffered at the hands of bullies, declined to be named to avoid repercussions. "There is not enough discipline in schools and that is the root problem.

"But I would not sue the school because it is not going to help the child no matter how much money you made. The damage is already done."

Both local education authorities covering East Lancashire, Blackburn with Darwen Council and Lancashire County Council, have anti-bullying guidelines and policies to investigate bullying claims.