AN East Lancashire man has become the first person in the country to be convicted of assaulting a nurse, in a private prosecution brought by the NHS.

But Jason Butcher, 31, was given a 12-month conditional discharge yesterday after District Judge David Ward was told the crime amounted to grabbing hold of the community nurse's shoulder and marching her out of his house.

Butcher reacted after his partner became distressed during an argument with the nurse over whether she was entitled to home visits.

But his action has wrecked the couple's dreams of fostering children.

And it will place them in financial hardship after Butcher, who has debts of £26,000, was ordered to pay £100 compensation and £200 costs.

The pioneering case was brought by the NHS Security Management Service's Legal Protection Unit, created in 2003 to combat assaults on staff.

Police felt prosecution was not in the public interest.

But after the case health chiefs insisted the case would help protect staff. It could be the first of thousands in a drive to prevent abuse.

Unit Head Gerald McEvilly said: "This demonstrates our commitment to ensure that people who abuse NHS staff will be dealt with appropriately by the courts.

"This case sends out a strong message that members of the public simply cannot treat NHS staff in this manner. These staff members provide an invaluable service to the public, often in difficult conditions, and deserve the full protection of the law."

Roger Birch, prosecuting, told Reedley Magistrates Court that Butcher's partner Ruth Fitzgerald had a daughter, born by Caesarean section on March 11 2004.

He said a wound caused at birth needed dressing daily and because Ms Fitzgerald was having difficulty walking, community nurses made visits to the couple's home in Station Road, Padiham.

But nurses felt home visits were unnecessary and began to get frustrated, the court heard.

When nurse Jane Kirkby and student nurse Laura Speak visited on April 20, 2004, an argument broke out. Butcher heard the row and came downstairs to find his partner upset.

Mr Birch said the computer programmer was aggressive, swore at Mrs Kirkby, grabbed her by the shoulders and marched her out the house, bruising her arms and legs.

But Butcher claimed he had been polite and had only touched the nurse on the shoulder "in a friendly gesture" after asking her repeatedly to leave and that he could not have caused the injuries.

PC Lisa Moore said she investigated the alleged assault but the victim had said she was not injured and was too busy to make a statement and was happy for Butcher to be given a verbal warning. Mrs Kirkby denied this.

District Judge Ward said the bruises must have been caused by Mrs Kirkby being mishandled, adding: "There was technically an assault and I find it proved."

But he said Butcher's intentions had just been to get the nurse out of his home and he had not punched her.

Sharon Watson, defending, said the conviction would have a "great impact" as it would stop the couple's plans to foster children.

Butcher was too upset to comment.