Violent pupils excluded from schools should not be able to return to class until they have undergone a risk assessment, according to a teaching union.

Members of the Scottish Secondary Teachers' Association voted unanimously at the union's annual congress for violent pupils to be interviewed by a psychologist before they were allowed back to school.

The congress called for the Scottish government to establish such a scheme, but a spokesman for the SNP Administration said decisions on indiscipline should be taken at local level. He added that the government was working with the Convention of Local Authorities to produce guidelines on exclusions.

The congress in Peebles at the weekend was told that a warning system should be established to alert teachers to violent pupils who have been excluded and moved schools.

Graham Robertson, who proposed the motion on Saturday, said that teachers were not being offered enough information about new pupils' backgrounds.

“The main risk to us today as teachers is from pupils,” he added. “Not all pupils, obviously, but a very specific group ... those who are or have been violent and might be again. We are asked to risk assess so much now, then why is our biggest risk factor usually not being risk assessed?”

During 2007-08, there were 39,717 exclusions from Scottish schools. More than 6,300 were for assault, with 366 armed attacks - a 28 per cent increase on the previous year.

Mr Robertson, of East Dunbartonshire, said that his motion also applied to cases of pupil-on-pupil assault. He said that there were examples of attackers returning to the same classroom as their victim in a matter of days. Sometimes they could be back within hours.

“This motion isn't accusatory,” he said. “It's not about blame. It's about the system. If the essence of the motion can be formed into a policy, we might just see potentially dangerous pupils returned to mainstream with professional recommendations. If it takes longer to do this than at present, then so be it.”

The congress called for anonymity for teachers accused of unprofessional behaviour until their cases were concluded. Robert MacMillan, a modern studies teacher in Fife, proposed that the UK Government enacts privacy legislation.

The call comes after a teacher was struck off the professional register for not being able to do her job. In the first case of its kind, Susan Barnard, from Perthshire, admitted professional incompetence at a hearing of the General Teaching Council of Scotland.

Mr MacMillan was “horrified” by the media coverage of the case. “A pupil making a serious allegation has the right to expect anonymity. However, the fundamental principle of our judicial system is innocent until proven guilty and that same right of privacy and protection should be offered to the alleged perpetrator until conviction,” he added.

The motion, which was carried unanimously, stated: “Congress demands that the UK Parliament legislates to ensure a right of privacy prior to any conviction for any teacher accused of abuse or misconduct regarding young people.”

The Scottish government said that as criminal law was devolved, the position would be decided by the Holyrood Parliament. “Other than very few exceptions for children and vulnerable witnesses, Scotland has an open system of court proceedings and any moves to introduce further reporting restrictions would have repercussions beyond one profession and would require very careful consideration,” the spokesman added.

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