A HAMPSHIRE schoolboy is too terrified to go back to school after he was "kicked around like a football" by three bullies during lunch hour.

An investigation has been launched into the incident which has kept Lewis Maker, 14, at home for five days.

The school says it cannot suspend or exclude the alleged bullies until their inquiries have been completed because it would infringe their human rights.

Police are currently investigating the alleged attack and have taken a number of statements from pupils at Kings' School, Winchester.

The boy's mother Julie Maker, 46, is outraged that the alleged attackers have not been suspended while the investigation takes place to allow her son to return to class.

She said: "My son was viciously beaten up in school and now he is too afraid to go to school because the bullies who did this to him are still there.

"The morning after it happened I phoned the school to see if the other boys were in school and they said yes. I mean they are quick to send you home if you haven't got the correct uniform on or if your hair is slightly long but they won't exclude or suspend anyone who is bullying others.

"My son was kicked in the head, neck and back and is genuinely scared to go back. I don't understand why the bullies are allowed to stay in school while my son is being deprived of his education. It seems like society jumps on the side of the bully and protects them before they protect the victim."

Mrs Maker, of Whiteley, has deliberately kept Lewis at home until she is given some guarantee that her son will not be attacked further and it is safe for him to return.

Neil Birkett, deputy head at Kings' School, says staff have helped police with their investigation and are doing all they can to resolve the matter. He said: "The investigation has not been completed but we have taken a number of statements which we have given to police.

"We do not have a clear picture of the incident and we cannot accuse any individuals without any evidence and by law we are not allowed to exclude them without evidence.'' A spokesman for Hampshire police, said: "We have received an allegation of assault and it is being actively investigated. When an assault is alleged to have taken place at a school, police officers liaise closely with the school and the local education authority to progress the investigation."