Uncertainty over uniforms as new school year looms

This article is written by DAS Law

Time seems to have run out for the government to introduce changes to limit the number of branded items of uniform that schools can require pupils to wear.

Some commentators suggested that changes could be implemented immediately by updating the statutory guidance provided under the Education (Guidance about Costs of School Uniforms) Act 2021, but the government has made it clear that the measures will be included in a new Children’s Wellbeing Bill which will require parliamentary approval.

So, for the time being, parents still have the responsibility to ensure that their children's uniforms adhere to the established rules. Though this begs the question: Is there any scope for flexibility?

It is also essential to understand the legal standpoint and explore potential courses of action for parents who find themselves at odds with a school's regulations.

Lewys Traylor, Legal Advisor at DAS Law, tells you what you need to know…

Do children have to abide by school uniform rules?

Schools are entitled and even encouraged to establish regulations mandating the use of a school uniform. Upon enrolment, many schools implement a home-school agreement, wherein parents and students agree to uphold the school's guidelines regarding behaviour and appearance policy. These requirements are typically outlined in a readily accessible policy document provided to both pupils and parents.

The school can discipline pupils for not complying with the school uniform rules although they are expected to consider a reasonable request to vary the uniform policy and must take care to ensure that any policy does not lead to discrimination, particularly on grounds of sex, race, disability, religion or belief, sexual orientation, gender reassignment or disadvantages lower-income families

The Department for Education’s guidance strongly encourages schools to have a uniform and recommends that governing bodies should consider the views of parents and pupils as well as costs when making decisions.

Can the school really send children home for not sticking to strict uniform rules?

Every maintained school has a behaviour and discipline policy in place. This policy will provide provisions for disciplining students who breach the school’s uniform and appearance rules. Any punishment should be in line with the published behaviour policy.

The guidance states that where there is a breach of the school uniform policy, either a headteacher - or someone authorised by the headteacher - can ask a pupil to go home to remedy the uniform breach. The school is expected to consider carefully whether this would be appropriate considering the child’s age, vulnerability, the ease and time it will take the pupil, and also the availability of the child’s parents in order to decide if this is reasonable in all the circumstances.

This is not an exclusion but an authorised absence, unless the pupil continues to breach the policy to avoid school by being sent home or takes longer than necessary to make the change. The Secretary of State’s statutory guidance on exclusions provides that pupils should only be excluded for breaches of the school’s behaviour policy when they have committed a serious breach of the policy. School uniform breaches are usually considered minor disciplinary matters though in some cases of repeated and persistent failures exclusion may be justified.

Can children be disciplined for wearing unbranded uniforms following the new statutory guidance?

A school will have the right to discipline a child for any breach of uniform policy but would have to balance the discipline against the government’s guidance on affordability and on procuring school uniforms. The current guidance on affordability already states schools must minimise the use of branded and more expensive items of clothing in their uniform policies. The guidance on procurement of uniforms encourages schools to seek best value and try to ensure there is a choice of supplier in their respective areas.


What are my rights to appeal a school’s decision on school uniforms?

When a school implements a uniform policy, it is expected to consider and accommodate reasonable requests to modify the policy. This includes requests made to meet the specific needs of individual students based on factors such as their religion or belief, ethnicity, disability, or other special considerations. To fail to do so may be considered a discrimination under the Equality Act 2010.

A school should have a clear and user-friendly complaints policy in place to effectively address disputes related to school uniforms. This policy enables local resolution in accordance with the school's guidelines. School governing bodies are required to establish a complaints procedure specifically for issues concerning school uniforms. Governors are expected to consider reasonable requests for flexibility to accommodate social and cultural circumstances.

Typically, school procedures for handling complaints involve initially raising the concern with the responsible staff member, followed by escalation to the head of the department and then the head teacher. If necessary, the next step would involve submitting a written complaint to the chair of governors. In cases where the internal complaints and appeals process has been exhausted, the Department for Education can intervene to address complaints about schools.

What are the legal implications if a child has changed their appearance during school holidays such as hairstyle etc.?

As well as having rules on school uniforms, schools are entitled to have rules regarding appearance. Provided the rules are reasonable and don’t infringe equality legislation the school is entitled to enforce the rules in accordance with its disciplinary policy.

When pupils change their appearance during the school holidays, they need to be aware that on returning to school they will be expected to adhere to the school’s appearance policy. You may request an adjustment, however, there is no guarantee the school will allow one, especially if the policy was set out in advance.

What does the law say if a child has had their ears pierced and cannot remove the earrings for 4-6 weeks but the school makes the students take them out for PE?

It is a common practice for schools to establish rules regarding the wearing of jewellery, particularly during physical education (PE) lessons. These rules often mandate the removal of jewellery, which is generally considered reasonable and addresses a health and safety risk.

To address situations where recently pierced earrings cannot be taken out for PE lessons, many schools have specific policies in place. These policies typically provide alternative tasks for students in such cases. The school's policy will usually emphasize the importance of adhering to the earring requirement, ensuring that any ear piercings align with the school's guidelines.