ABSTRACT
The power of exclusion from school has been subjected to increasing regulation since 1986 and the law has thus become considerably more complex. As we have seen, the courts have paid close regard to the DFEE’s guidance on exclusion and have held that it should be taken into account, and there is now in any event a specific statutory duty on head teachers, governors and appeal panels to have regard to it. The revised guidance itself has incorporated many of the principles established in the courts over the past five years, but those exercising the power of exclusion will have to be aware of further case law developments, some of which will doubtless turn on human rights issues under the Human Rights Act 1998 (as noted in Chapter 1).
