My instinct is to see what can be sorted on an informal basis through mediation, to see if there is a way out, before having to grapple with the legal big picture

Mr Justice Richards

But the judge adjourned the case for two weeks at the High Court in London on Thursday, urging both sides to seek mediation.

The court was told that mediation had been suggested following an offer from Caerphilly Council but it had "come to nothing".

Judge Mr Justice Richards said he was worried both sides might be focussing on the "big legal issues" and "forgetting about the underlying human problems in the case."

"My instinct is to see what can be sorted on an informal basis through mediation, to see if there is a way out, before having to grapple with the legal big picture," he said.

The dispute stems from a ban on the wearing of jewellery "on health and safety grounds" introduced by the school's governors in January last year.

The girl - who cannot be named - continued to wear earrings and was then excluded from activities including sports, swimming and dancing lessons.

Her counsel, John Friel, said the ban breached her right under the European Convention of Human Rights by limiting her access to education.

He said that a large number of dismayed parents had written protest letters, claiming the pupil was being "victimised".

Mr Friel stressed that it was not his client's intention to undermine school discipline.

But, he went on, the authorities had no right to deny access to core elements of the national curriculum.

Infection

Evidence from the girl's mother suggested that the need to take earrings in and out because of the ban had led to infection.

The school's counsel Nigel Giffin said the dispute was " no longer live" as the girl has not been wearing her earrings for the last three months.

He said there was no question of the ban infringing the girl's rights as the school was "perfectly entitled to regulate access to educational institutions."