DISABILITY rights campaigners want a school that banned a diabetic teenager from a trip to be prosecuted in the County Court.

The case against Clitheroe Royal Grammar school, the first school to be prosecuted under new legislation, was due to be heard before Blackburn magistrates.

But the Disability Rights Commission has now applied for the case to go before a judge at Preston County Court.

Sue Pratt, press officer of the Commission, said: "Because it is such an important test case, we want it to go to a higher court."

The Commission decided to prosecute Clitheroe Royal Grammar after 15-year-old pupil Tom White, of Slaidburn Road, Waddington, was banned from taking part in a school watersports holiday and a German exchange trip.

Tom, who enjoys playing football and other games, had suffered a blackout on a previous school ski-ing trip in Austria due to a severe reaction to the insulin used to control his diabetes.

Ms Pratt said a hearing during the next two weeks would decide where and when the case should be held.

It is likely to last at least two days and the Commission expects to pay around £2,000 in legal fees.

They are also seeking about £1,500 compensation for Tom.

She said there had been no attempts made by the school to negotiate instead of going to court.

"We are not really surprised because they have never seemed to wish to seek a solution," she added.

A spokesman for Lancashire County Council said the school had its own insurance arrangements which would pay legal costs.

He said: "Any costs arising in these areas should be met by the school's arrangements and not the authority."

No-one was available for comment at Clitheroe Royal Grammar School .