NO action is to be taken after a fresh allegation of assault was made against Gwent headteacher Marjorie Evans, convicted and later clear-ed of slapping a pupil four years ago.

The Argus has learnt that the Crown Prosecution Service (CPS) received a file from police in relation to an alleged assault on a pupil by headteacher Mrs Evans at St Mary's Junior School, Caldicot.

But the CPS says there is "insufficient evidence" for further action. Mrs Evans was suspended for 18 months in 2000 following allegations she slapped a 10-year-old boy, in a case that made national headlines. But, after being cleared on appeal, she returned to the school in March, 2001.

But it has now emerged that Gwent Police submitted a new file on Mrs Evans o the CPS following an alleged incident - involving pupil Joanna Stainthorp - last September.

Joanna's mother, Becky Stainthorp, of Castle Lodge Close, Caldicot, claimed problems began after her daughter was made a school monitor. "It caused problems between her and her sister and she asked to be taken off it, but was told to be more responsible. " She claims the alleged assault happened when Joanna, aged 11, was taken to school by her grandmother to discuss the situation.

Police investigated their complaint, but a Gwent Police spokeswoman told the Argus: "We can confirm that a file was submitted to the Crown Prosecution Service. The CPS has decided that no further action will be taken."

A spokesman for Gwent CPS said: "We received a file from Gwent Police. It has been reviewed and we are not going to be proceeding with the prosecution because there is insufficient evidence."

Mrs Stainthorp said: "When I told Joanna she broke her heart and said it wasn't fair.

"I moved her to Durand Junior School within a couple of days. It took her a while to settle in, but she's doing 100 per cent better now." Joanna's grandmother, Sus-an Evans, said: "We are disgusted with the decision."

When asked to comment, Mrs Evans referred the Argus to the National Union of Teachers (NUT).

NUT Cymru wants a review of the way allegations against teachers are handled. Secretary Gethin Lewis said: "Increasingly teachers are being seen as easy targets. The allegation against Mrs Evans was made in September 2003 and it is only now that she has been told there is no case to answer. The stress caused is unreasonable and unacceptable."

The union wants to meet Monmouthshire council's chief executive to discuss procedures but Mr Lewis stressed the council had acted properly.