1
The Guidance
Background
School uniform plays a valuable role in contributing to the ethos of a school and setting an appropriate tone. Most schools in England have school uniform or a dress code, and other rules on appearance. DfES strongly encourages schools to have a uniform as it can instil pride; support positive behaviour and discipline; encourage identity with, and support for, school ethos; ensure pupils of all races and backgrounds feel welcome; protect children from social pressures to dress in a particular way; and nurture cohesion between different groups of pupils. Above all, many schools believe that school uniform supports effective teaching and learning.
There is no legislation that deals specifically with school uniform or other aspects of appearance such as hair colour and style, and the wearing of jewellery and makeup, therefore this is non-statutory guidance. It is for governing bodies to decide whether there should be a school uniform and other rules relating to appearance, and if so, what they should be. This flows from their responsibility to oversee the running of the school and for their duty to ensure that school policies promote good behaviour and discipline amongst the pupil body.
What should a school do?
The essential point is that schools should act fairly and reasonably, bearing in mind their duties under the Human Rights Act 1998 and anti-discrimination legislation which are explained below. We strongly recommend that in setting their uniform and appearance policies they:
• consult widely on proposed school uniform policies and changes to established
policies. As well as current pupils and parents/carers, prospective pupils and
parents/carers should be included in any consultation. School consultations
should also include representatives of different groups in the wider community,
taking care to identify community leaders representing minority ethnic and
religious groups, as well as groups representing pupils with special educational
needs or disabilities. Local authorities may be able to conduct consultations
on some issues on behalf of groups of schools. An example is attached at Annex
1;
• consider how the proposed uniform policy might affect each group represented
in the school;
• consider the concerns of any groups about the proposed policies, and whether
the proposed policies amount to an interference with the right to manifest a
religion or belief, or whether they are discriminatory. The school will need to
weigh up the concerns of different groups and it might not be practical to
accommodate fully the concerns of all groups. For example, groups of children
drawn from different parts of the same religious community may each have
differing requirements requiring several variations of school uniform if each
were accommodated in full, which would not be practical;
• document the consultation process undertaken, the points made by respondents,
and the decisions taken in weighing up competing points of view. The school
might decide that the needs of individual groups are outweighed by factors such
as:
o health and safety: the school has a
right to expect that long hair can be safely tied back for work in the science
laboratory, or technology workshops. Similarly, it may be reasonable for a
school to ban pupils from wearing jewellery where it considers that this poses
a risk of injury, or where it considers that wearing jewellery to school might
place a pupil at increased risk of bullying and harassment;
o security: schools need to be able to identify individual pupils in order to
maintain good order and identify intruders easily;
o teaching and learning: if a pupil’s face is obscured for any reason, the
teacher may not be able to judge their engagement with learning, and to secure
their participation in discussions and practical activities;
o protecting young people from external pressure to wear clothing they would
not otherwise choose to adopt, protecting them from harassment, and from having
to adopt dress codes associated with extreme or antisocial elements in the
wider community, including styles and colours of clothing associated with
gangs.
o promoting a strong, cohesive, school identity that supports high standards
and a sense of identity among pupils: if some children look very different to
their peers, this can inhibit integration, equality and cohesion;
o the need to promote harmony between different groups represented in the
school;
• describe their uniform/appearance
policy clearly and publicise it well, for example on the school website, in
school rules, and in any admissions or general school prospectus. Rules on
wearing school uniform may be included in the home school agreement. Pupils and
parents/carers should receive information that makes them aware of school expectations
before they are required to express a preference for a school;
• consider carefully once the uniform/appearance policy has been agreed any
request that is made to vary the policy to meet the needs of any individual
pupil to accommodate their religious beliefs;
• consider carefully once the uniform/appearance policy has been agreed any
request that is made to vary the policy to meet the needs of an individual
pupil because of temporary or permanent medical conditions. For example, pupils
with some skin conditions may be unable to wear specific fabrics, and pupils
with foot or leg injuries may be unable to wear school shoes. Further
information is included in a training resource pack for schools and local
authorities entitled ‘Implementing the Disability Discrimination Act in schools
and early years settings’. The following link provides advice on how to access
the pack: http://www.teachernet.gov.uk/wholeschool/sen/disabilityandthedda/
Many schools also engage pupils, including school councils in drawing up school uniform policy, for example, by actively engaging them in the process of designing their uniform and communicating the school’s policy to parents, prospective parents and pupils.
Cost of school uniform
School uniform and other items that must
be purchased in accordance with school rules can be expensive, particularly for
low income and large families. In deciding the design of their school uniform,
DfES expects school governing bodies to give high priority to cost
considerations. No school uniform should be so expensive as to leave pupils or
their families feeling unable to apply to or attend a school, or forgoing
necessities in order to meet the cost of uniform.
Local authorities have a discretionary power to provide school clothing grants
or to help with the cost of school clothing in cases of financial hardship1.
The Schools Admissions Code (paragraphs 1.80 and 1.81) states that:
• governing bodies should help
limit the expense of uniforms so that parents on low incomes do not feel that
the prospective cost of the uniform means that they cannot apply for their
preferred school. Governing bodies should ensure that the uniform chosen
is widely available in high street shops and other retail outlets, and internet
suppliers rather than from an expensive sole supplier;
• schools can use their own purchasing power to buy in bulk and pass on savings
to parents. Governing bodies should not seek to operate as sole
suppliers in order to raise additional funds through the sale of new school uniforms;
and that
• all schools which have a uniform policy should have arrangements in
place to ensure that no family feels unable to apply for admission on account
of high uniform costs. This applies equally to sports kits and any other
specialist equipment outlined in the policy. Schemes for remission of cost should
cover children eligible for free school meals, and children whose parents
are entitled to the maximum level of working tax credit. Schemes should
be administered discreetly so that no parent is embarrassed to ask for help.
These schemes should be widely publicised and clearly explained in
admissions, or other literature provided by the school.
Choice Advisers will be able to inform parents about the school uniform policy of all schools within their local authority and neighbouring local authorities, and of the funding available in the form of uniform grants or provision of school clothing. They should also be able to advise of any other assistance available to parents for purchasing or acquiring school uniform (for example from schools or external organisations). DfES guidance on uniform should also be made available to parents through Choice Advisers.
1 - See sections 510 and 511 of the Education Act 1996 and the Local Education Authority (Payment of School Expenses) Regulations 1999 (SI 1999 No. 1727).
Physical education
School uniform often includes clothing required for Physical Education (PE). Schools should adopt a sensitive, flexible approach to this issue bearing in mind the equalities issues outlined in this guidance. There is some evidence to suggest that participation and enjoyment of sport is enhanced where pupils feel comfortable about their PE clothing, particularly girls. Schools should choose a PE uniform, which is practical, comfortable and appropriate to the activity involved. Schools should also consider the cost of clothing for PE particularly where specialised equipment is necessary. 1.5
Non-compliance with a school's uniform and appearance policies, and school rules
Head teachers can discipline pupils for
breach of uniform/appearance policy. However, DfES does not consider exclusion
to be an appropriate response to breaches of school uniform/appearance policy,
except where they are persistent and defiant. Where a pupil repeatedly refuses
to comply with school uniform policy but does not otherwise display poor
behaviour, we believe that exclusion could be an appropriate response,
depending on the circumstances of the case.
Where a pupil is not adhering to school uniform policy schools should be
considerate and discreetly try to establish why not. There may be good reasons
why a pupil is not attending school in the correct uniform. For example, their
uniform may have been lost, stolen or damaged, or a blazer or sports kit may
have been accidentally soiled beyond the point where it can be worn, and it may
not be possible to wash and dry some articles of clothing overnight. We would
not normally expect schools to send children home in these circumstances.
Schools may ask pupils to go home to
change their clothes without formally excluding them. This should be for no
longer than is necessary to effect the change of clothing and would only be
appropriate where the change could be made quickly and easily. Schools should
not send a child home indefinetly or for longer than is strictly necessary to
change clothes or modify appearance (e.g. by having a haircut), as this could
amount to an unofficial exclusion. When sending a child home, head teachers or
senior staff should bear in mind the age and vulnerability of the child and
should contact the parents if they consider that to be necessary or
appropriate. The pupil would be expected to return to school immediately his or
her clothes had been changed. Failure to do so could amount to an unauthorised
absence.
If pupils are not wearing the correct uniform because parents are in financial
difficulties, schools should be sensitive to the needs of the pupil and give
their parents time to purchase the required items and/or consider whether a
school or local authority clothing grant can be supplied. Pupils should not be
made to feel uncomfortable, nor discriminated against, because their parents are
unable to provide them with the required items of school uniform.
Home to school travel
Schools should encourage children to walk and cycle to school and should consider this when determining the design and style of uniform. School uniforms are often quite dark making it difficult for children to be seen by drivers especially during the winter months. School governors should consider the benefits of including light colours and/or reflective materials as part of their school uniform policy to ensure that children are able to walk and cycle safely throughout the year. 1.7
Human Rights issues
The Human Rights Act 1998 protects the
right to “manifest one’s religion or beliefsâ€.
Various religions require their adherents to conform to a particular dress
code, or to otherwise outwardly manifest their belief. Some religions require
adherents to wear or carry specific religious artefacts, others may hold a
belief that they should not cut their hair, and a number of religions require
their followers to dress modestly, for example, by wearing loose fitting
clothing, or covering their head.
It may be possible for many religious requirements to be met within a school
uniform policy and schools should act reasonably in accommodating religious
requirements.
However, schools should note that the freedom to manifest a religion or belief
does not mean that an individual has the right to manifest their religion at
any time, in any place, or in any particular manner. A pupil might have the
opportunity to attend a school whose uniform policy can accommodate his or her
requirements: this will ensure that his/her religious beliefs are catered for
even though the school may not be the one preferred for other reasons. Even if
an alternative school is not available, a school uniform policy that restricts
the freedom of pupils to manifest their religion may still be lawful, so long
as this interference with pupils’ rights is justified on grounds specified in
the Human Rights Act. These include health, safety and the protection of the
rights and freedoms of others. This has been confirmed in two recent court
cases2 .
In fulfilling their obligations, schools may have to balance the rights of
individual pupils against the best interests of the school community as a
whole. Where schools have good reasons for restricting an individual’s
freedoms, for example, to ensure the effective delivery of teaching and
learning, the promotion of cohesion and good order in a school, the prevention
of bullying, or genuine health and safety or security considerations, then the
restriction of an individual’s rights to manifest their religion may be
justified.
2 - R. (on the application of Begum) v. Denbeigh High School [2006] UKHL 15 and R. (on the application of X) v. Y School [2006@ EWHC 298 (Admin)
Equality and discrimination issues
In formulating uniform and appearance
policies, a school will need to consider its obligations not to discriminate
unlawfully on the grounds of sex, race, disability and religion 3. Schools should also bear in mind
the concept of “indirect†discrimination. This involves the application of a requirement,
which, although applied equally to everyone, puts those of a particular gender,
race or religion at a disadvantage because they cannot in practice comply with
it. Such a requirement will need to be justified. (Please note that the
relevant provisions of the Equality Act are not yet in force and this section
will need to be adjusted to reflect the position at the end of the consultation
period.)
An example of indirect discrimination could be a school that bans ‘cornrow’
hairstyles. As these are more likely to be adopted by specific racial groups,
banning this type of hairstyle without justification could constitute indirect
racial discrimination.
3 - Sex Discrimination Act 1975; the Race Relations Act 1976; the Disability Discrimination Act 1995 and the Equality Act 2006
Race equality policy
Schools should consider their uniform and appearance policies in the context of their race equality policy; their obligation to promote equality of opportunity between pupils of different racial groups; and the requirement to assess the impact of school policies on pupils drawn from different racial groups. 1.10
Further information
For further advice on school uniform
issues, please contact the Schools Access Team:
• Telephone: 0870 000 2288
• Email: [email protected]
Please note that we are unable to give advice on specific school policies,
only on the approach that schools should take to determining their policy.