The Lord Justice General, Lord Roger, rejected a mother's appeal against a conviction for failing to ensure her 14-year-old daughter attended school.

In 1996, Joanne Montgomery attended All Saints Secondary School for just 14 days out of a possible 112.

She started to show a marked reluctance to attend school after she was subjected to intimidation and attacks by other pupils - but did not identify her tormentors.

Her mother Andrina was prosecuted under the Education (Scotland) Act for failing to provide a reasonable excuse for her daughters absence. She denied the charge but was convicted at Glasgow District Court and fined £40.

The Justice of the Peace, Samuel Harper, found her to be a credible and reliable witness but found her guilty after taking the view that the circumstances did not provide a reasonable excuse for the girl's failure to attend.

Mrs Montgomery, of Menzies Road, Glasgow, challenged her conviction at the Justiciary Appeal Court in Edinburgh.

'Enormous sympathy'

The court heard how she had tried unsuccessfully to have her daughter transferred to another school.

Lord Roger said he had "enormous sympathy" for the family, but rejected the appeal.

Lord Rodger said: "Bullying in schools has always been a pernicious phenomenon, often involving, as in this case, criminal assaults by the bullies on their victims."

But he added: "The only effective way of dealing with it is, however, for the identity of the bullies to be given to the school authorities and, if necessary, to the police.

"In this case, for reasons which we can understand, the appellant's daughter would not reveal their identity. This made it impossible...to take effective action to root out the problem in the school."

He said Joanne should have identified those responsible so steps could be taken to eliminate the bullying.

Lord Rodger, who heard the appeal with Lord Sutherland and Lord Coulsfield, said: "We are satisfied that the justice was indeed entitled to be of the opinion that the circumstances did not afford a reasonable excuse for the appellant's daughter failing to attend school."