DCSF guidance to schools on school uniform and related policies Background 1.

School uniform plays a valuable role in contributing to the ethos of a school and setting an appropriate tone. Most schools in England have a school uniform or dress code, and other rules on appearance. DCSF strongly encourages schools to have a uniform as it can instil pride; support positive behaviour and discipline; encourage identity ith, and support for, school ethos; ensure pupils of all races and bac!grounds feel elcome; protect children from social pressures to dress in a particular ay; and nurture cohesion and promote good relations bet een different groups of pupils. "bove all, many schools believe that school uniform supports effective teaching and learning. #. $here is no legislation that deals specifically ith school uniform or other aspects of appearance such as hair colour and style, and the earing of %e ellery and ma!e&up, and this is non&statutory guidance. 't is for the governing body of a school to decide hether there should be a school uniform and other rules relating to appearance, and if so hat they should be. $his flo s from the duties placed upon the governing body by statute to conduct the school1 and to ensure that school policies promote good behaviour and discipline amongst the pupil body#. (. 't is also for the governing body to decide ho the uniform should be sourced. $he governing body should be able to demonstrate to parents ho best value has been achieved and !eep the cost of supplying the uniform under revie . 't should also bear in mind that sustainable sourcing can be part of the action a school can ta!e to support sustainable development. " sustainable school has sustainable development as part of its underpinning ethos. $his helps to prepare young people to live in a orld here globalisation of mar!ets, massive changes in our environment, and limits on natural resources, re)uire different attitudes, s!ills and behaviours. $he follo ing lin! provides further information* .teachernet.gov.u!+sustainableschools. What should a school do? ,. " school should ensure that its school uniform policy is fair and reasonable. 't should ensure that the uniform chosen is affordable and does not act as a barrier to parents hen choosing a school. " school must have regard to its obligations under the -uman .ights "ct 1//0 and anti& discrimination legislation. 1e strongly recommend that in setting its uniform+appearance policy the governing body*
1

consults idely on its proposed school uniform policy and changes to

Section #1 of the Education "ct #22#, as amended by the Education and 'nspections "ct #223 # Section 00 of the Education and 'nspections "ct #223

an established policy. "s ell as current pupils and parents+carers, prospective pupils and parents+carers should be included in any consultation. Consultations should also include representatives of different groups in the ider community, such as community leaders representing minority ethnic and religious groups, and groups representing pupils ith special educational needs or disabilities. 4ocal authorities may have already prepared information and guidance for schools or may be able to conduct consultations on some issues on behalf of schools. "n e5ample is attached at "nne5 1; considers ho the proposed uniform policy might affect each group represented in the school; considers the concerns of any groups about the proposed policy, and hether the proposed policy amounts to an interference ith the right to manifest a religion or belief, and hether it is discriminatory. $he school ill need to eigh up the concerns of different groups and it might not be practical to accommodate fully the concerns of all groups. For e5ample, groups of children dra n from different parts of the same religious community may each have differing re)uirements, re)uiring several variations of school uniform if each ere accommodated in full, hich ould not be practical; considers the timeframe for introducing a ne uniform policy or amending an e5isting one. Factors should include the length of time before the pupil leaves the school and hether e5pensive items are fre)uently purchased second hand, or passed on to siblings. " transitional period for phasing out the old uniform and introducing the ne one should be considered; considers the cost and availability of non&standard si6es; considers the cost of including branded items and items in unusual colours+shades before insisting they must be orn, and continually revie s the cost of these items; documents the consultation process underta!en, the points made by respondents, and the decisions ta!en in eighing up competing points of vie . $he school might decide that the needs of individual groups are out eighed by factors such as* o health and safety* the school has a right to e5pect that long hair can be safely tied bac! for or! in the science laboratory, or technology or!shops. Similarly, it may be reasonable for a school to ban pupils from earing %e ellery here it considers that this poses a ris! of in%ury, or here it considers that earing %e ellery to school might place a pupil at increased ris! of bullying and harassment; o security* the school needs to be able to identify individual pupils

in order to maintain good order and identify intruders easily; o teaching and learning* if a pupil7s face is obscured for any reason, the teacher may not be able to %udge their engagement ith learning, and to secure their participation in discussions and practical activities; o protecting young people from e5ternal pressure to ear clothing they ould not other ise choose to adopt, protecting them from harassment, and from having to adopt dress codes associated ith e5treme or anti&social elements in the ider community, including styles and colours of clothing associated ith gangs; o promoting a strong, cohesive, school identity that supports high standards and a sense of identity among pupils* if some children loo! very different to their peers, this can inhibit integration, e)uality and cohesion; o the need to promote harmony bet een different groups represented in the school; describes its uniform+appearance policy clearly and publicises it ell, for e5ample on the school ebsite, in school rules, and in any admissions or general school prospectus. .ules on earing school uniform may be included in the home school agreement. 8upils and parents+carers should receive information that ma!es them a are of school e5pectations before they are re)uired to e5press a preference for a school; considers carefully, once the uniform+appearance policy has been agreed, any re)uest that is made to vary the policy to meet the needs of any individual pupil to accommodate their religion or belief; considers carefully, once the uniform+appearance policy has been agreed, any re)uest that is made to vary the policy to meet the needs of an individual pupil because of temporary or permanent medical conditions. For e5ample, pupils ith some s!in conditions may be unable to ear specific fabrics, and pupils ith foot or leg in%uries may be unable to ear school shoes. Further information is included in a training resource pac! for schools and local authorities entitled 9'mplementing the Disability Discrimination "ct in schools and early years settings7. $he follo ing lin! provides advice on ho to access the pac!* http*++ .teachernet.gov.u!+ holeschool+sen+disabilityandthedda+ cross references the school uniform+appearance policy against other relevant school policies, such as the behaviour policy; considers carefully the ris! of a challenge to the policy and considers appropriate insurance cover. $he follo ing lin! provides advice to

schools on insurance* http*++ .dfes.gov.u!+valueformoney+docs+:FM;Document;10.pdf <. Many schools also engage pupils, including school councils, in dra ing up a school uniform policy, for e5ample, by actively engaging them in the process of designing the uniform and communicating the school7s policy to parents, prospective parents and pupils. Cost of school uniform (. School uniform and other items that must be purchased in accordance ith school rules can be e5pensive, particularly for lo income and large families. 'n deciding the design of its school uniform, DCSF e5pects the school governing body to give high priority to cost considerations. =o school uniform should be so e5pensive as to leave pupils or their families feeling unable to apply to, or attend a school of their choice, due to the cost of the uniform. >. Schools or retailers that have e5clusive contracts ith suppliers may in principle be sub%ect to enforcement action under Chapter ' of the Competition "ct 1//0, on the grounds that these e5clusive agreements may restrict competition bet een retailers to supply uniform. 0. 4ocal authorities have a discretionary po er to provide school clothing grants or to help ith the cost of school clothing in cases of financial hardship(. /. $he School "dmissions Code places a statutory duty on all governing bodies to ensure that their policies and practices do not disadvantage any children. 8aragraphs 1.30, 1.02 and 1.01 state that* governing bodies must ensure that their other policies and practices do not disadvantage certain social groups or discourage some groups of parents from see!ing a place at the school for their child. 4ocal authorities must or! ith governing bodies ? here the governing body is not also the admission authority@ to ensure that admission arrangements hich appear fair, are not then undermined by other school policies, such as a re)uirement for e5pensive school uniform or sports ear, unless arrangements are put in place to ensure that parents on lo incomes can afford them; governing bodies should help limit the e5pense of uniforms so that parents on lo incomes do not feel that the prospective cost of the uniform means that they cannot apply for their preferred school. Aoverning bodies should ensure that the uniform chosen is idely available in high street shops and other retail outlets, and internet

See sections <12 and <11 of the Education "ct 1//3 and the 4ocal Education "uthority ?8ayment of School E5penses@ .egulations 1/// ?S' 1/// =o. 1>#>@.

suppliers rather than from an e5pensive sole supplier; schools can use their o n purchasing po er to buy in bul! and pass on savings to parents. Aoverning bodies should not see! to operate as sole suppliers in order to raise additional funds through the sale of ne school uniforms; and that all schools hich 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. $his applies e)ually to sports !its and any other specialist e)uipment outlined in the policy. Schemes for remission of cost should cover children eligible for free school meals, and children hose parents are entitled to the ma5imum level of or!ing ta5 credit. Schemes should be administered discreetly so that no parent is embarrassed to as! for help. $hese schemes should be idely publicised and clearly e5plained in admissions, or other literature provided by the school.

12. -igh priority should al ays be given to !eeping costs to a minimum hen selling second hand uniform items. 11. Choice "dvisers ill be able to inform parents about the school uniform policy of all schools ithin their local authority and neighbouring local authorities, and of the funding available in the form of uniform grants or provision of school clothing. $hey should also be able to advise of any other assistance available to parents for purchasing or ac)uiring school uniform ?for e5ample from schools or e5ternal organisations@. Physical education 1#. School uniform often includes clothing re)uired for 8hysical Education ?8E@. " school should adopt a sensitive, fle5ible approach to this issue bearing in mind the needs of different pupils and the e)uality, discrimination and human rights issues outlined belo in this guidance. $here is some evidence to suggest that participation and en%oyment of sport is enhanced here pupils feel comfortable about their 8E clothing, particularly girls. " school should choose a 8E uniform hich is practical, comfortable and appropriate to the activity involved. " school should also consider the cost of clothing for 8E, particularly here specialised e)uipment is necessary. Non-compliance with a school s uniform!appearance policy" and school rules 1(. " head teacher can discipline a pupil for breach of uniform+appearance policy. -o ever, DCSF does not consider e5clusion to be an appropriate response to breaches of school uniform+appearance policy, e#cept here they are persistent and defiant. 1here a pupil repeatedly refuses to comply ith school uniform policy even if they do not other ise display poor behaviour, e believe that e5clusion could be an appropriate response, depending on the circumstances of the case.

1,. " head teacher or a person authorised by the head teacher may as! a pupil to go home briefly to remedy a breach of the school7s rules on appearance or uniform. $his should be for no longer than is necessary to remedy the breach. $his is not an e5clusion, but an authorised absence. -o ever, if the pupil continues to breach uniform rules in such a ay as to be sent home to avoid school, or ta!es longer than is strictly necessary to effect the change, the pupil7s absence may be counted as unauthorised absence. " pupil must not be sent home indefinitely or for longer than is strictly necessary to remedy the breach as this could amount to an unofficial e5clusion. 'n all such cases parents must be notified and the absence should be recorded. 1hen ma!ing this decision, the child7s age, vulnerability, ho easily and )uic!ly the breach can be remedied, and the availability of the parent, ill need to be considered. 'f the pupil then repeatedly infringes the school7s rules on uniform or appearance, this may constitute a disciplinary offence and may be grounds for e5clusion. 1<. 1here a pupil is not adhering to school uniform policy, a school should be considerate and discreetly try to establish hy not. $here may be good reasons hy a pupil is not attending school in the correct uniform. For e5ample, their uniform may have been lost, stolen or damaged. Sending the pupil home or e5cluding them may not be appropriate in every case. 'f a pupil is not earing the correct uniform because their parents are in financial difficulties, a school should be sensitive to the needs of the pupil. " school should give parents time to purchase the re)uired items and+or consider hether a school or local authority clothing grant can be supplied. " pupil should not be made to feel uncomfortable, nor discriminated against, because their parents are unable to provide them ith the re)uired items of school uniform. $he follo ing lin! provides advice on e5clusions* http*++ + .teachernet.gov.u!+ holeschool+behaviour+e5clusion+guidance#22>

$ome to school tra%el 13. " school should encourage children to al! and cycle to school and give consideration to this hen determining the design and style of uniform. School uniforms are often )uite dar!, ma!ing it difficult for children to be seen by drivers especially during the inter months. $he governing body should consider the benefits of including light colours and reflective materials ?and recommend the earing of high visibility items@ as part of the school uniform policy to ensure that children are able to al! and cycle safely throughout the year. $uman &ights issues 1>. $he -uman .ights "ct 1//0 protects the right to Bmanifest one7s religion or beliefsC.

10. :arious religions and beliefs re)uire their adherents to conform to a particular dress code, or to other ise out ardly manifest their belief. Some religions re)uire adherents to ear or carry specific religious artefacts, others may hold a belief that they should not cut their hair, and a number of religions re)uire their follo ers to dress modestly, for e5ample, by earing loose fitting clothing, or covering their head. 1/. 't may be possible for many religious re)uirements to be met ithin a school uniform policy and a school should act reasonably in accommodating religious re)uirements. #2. -o ever, 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 or belief at any time, in any place, or in any particular manner. " pupil might have the opportunity to attend a school hose uniform policy can accommodate his or her re)uirements* this ill 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 has the effect of restricting the freedom of pupils to manifest their religion may still be la ful, so long as this interference ith pupils7 rights is %ustified on grounds specified in the -uman .ights "ct. $hese include health, safety and the protection of the rights and freedoms of others. #1. $his principle has been confirmed in three recent court cases ' hen, in each case, the court found that a school uniform policy hich prevented pupils from earing particular forms of dress or artefacts associated ith a religious belief as %ustified and so did not breach the right of a particular pupil to manifest their religion. -o ever, each case ill al ays depend on the circumstances of the particular school. So the %udgements do not mean that banning such religious dress ill al ays be %ustified, nor that such religious dress cannot be orn in any school in England. 't is for a school to determine hat sort of uniform policy is appropriate for it. ##. 'n fulfilling its obligations, a school may have to balance the rights of individual pupils against the best interests of the school community as a hole. 1here a school has good reason for restricting an individual7s freedoms, for e5ample, to ensure the effective delivery of teaching and learning, the promotion of cohesion and good order in the school, the prevention of bullying, or genuine health and safety or security considerations, then the restriction of an individual7s rights to manifest their religion or belief may be %ustified. ()uality and discrimination issues ,. 'n formulating a uniform+appearance policy, a school ill need to consider its obligations not to discriminate unla fully on the grounds of se5,
,

R. (on the application of Begum) v. Denbigh High School D#223E FG-4 1< and R. (on the application of X) v. Y School D#223E E1-C #/0 ?"dmin@ and R (on the application of Playfoot ) v. Millais School !""#$ %&H' ()*+ (,-min)

race, disability, se5ual orientation and religion or belief <. " school should also bear in mind the concept of BindirectC discrimination. $his involves the application of a re)uirement, hich, although applied e)ually to everyone, puts those of a particular gender, race, se5ual orientation or religion or belief at a disadvantage because they cannot in practice comply ith it. Such a re)uirement ill need to be %ustified. #,. "n e5ample of indirect discrimination could be a school that bans 9cornro 7 hairstyles. "s these are more li!ely to be adopted by specific racial groups, banning this type of hairstyle ithout %ustification could constitute indirect racial discrimination. &ace e)uality policy #<. " school should consider its uniform+appearance policy in the conte5t of its race e)uality policy; its obligation to promote e)uality of opportunity bet een pupils of different racial groups; and the re)uirement to assess the impact of school policies on pupils dra n from different racial groups. Further information #3. For further advice on school uniform issues, please contact the Schools "ccess $eam*

$elephone* 20>2 222 ##00 Email* $eam.SC-HH4S"CCESSIdcsf.gsi.gov.u!

Please note that we are una*le to gi%e ad%ice on specific school policies" only on the approach that a school should take when determining a policy+

<

Se5 Discrimination "ct 1/><; the .ace .elations "ct 1/>3; the Disability Discrimination "ct 1//<, the E)uality "ct #223 and the E)uality "ct ?Se5ual Hrientation@ .egulations #22>.

,NN(- . .eligious clothing summary J reproduced ith permission from guidance developed by $o er -amlets in consultation ith faith communities in that locality. Buddhism 'n general there are no religious re)uirements for everyday dress for Kuddhists. Christianity For the ma%ority of Christians there are no particular dress re)uirements. 'n some Christian sects such as the 8lymouth Krethren omen and girls are e5pected to ear headscarves and modest clothing. $induism 'n general it is not considered acceptable for a -indu oman to have uncovered legs. /udaism Dress re)uirements vary ith orthodo5y. For more orthodo5 Le s omen and girls are e5pected to !eep the body covered and married omen cover their hair. Koys and men often ear a s!ullcap. 0slam $he reason for young omen beyond puberty ishing to ear full clothing is modesty; that is, not ishing to receive unnecessary attention. Moung omen are appropriately modestly dressed if they are earing sal ar !amme6 or %ilbaab ith headscarf ithout the need to ear ni)aab in school. Men are e5pected to be covered from aist to !nee in public places, many Muslim men may also choose to ear a cap but this is not a compulsory religious re)uirement. Sikhism 'n general covering the body is a re)uirement. "ll initiated Si!hs ear the five 9G7 symbols as a sign of their initiation into the Si!h community. Male Si!hs ear a turban, the removal of this is unacceptable. &astafarian .astafarian omen dress modestly. $here is a taboo on earing second hand clothing, and therefore children may be un illing to ear borro ed clothing for 8E, etc.