ABSTRACT
The discussion here is confined to state sector schools. Independent schools are not covered by the statutory power of exclusion. Although the common law basis to the teacher’s disciplinary authority is equally applicable to both sectors, there is a contractual basis to the power of exclusion in the independent sector. As noted in Chapter 2, a parent could bring an action for breach of contract against the proprietor of an independent school where he or she alleges that a child’s exclusion is unjustifiable.
