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Setting a school uniform policy

This guide provides good practice examples for both maintained schools and academies.

Who should decide what our school uniform policy is?

It is up to the school’s governing body whether there is a uniform policy and what the uniform policy is. There is no legal requirement to have a uniform, however the Department of Education strongly recommend that schools have a uniform.

There is guidance published by the Department of Education determining what is good practice in relation to school uniform. 

What should a school consider when determining what a school uniform policy should be or if they are considering amending this?

The following factors are strongly recommended by the Department of Education for the governing body to consider when setting a uniform policy:

  • take into account the views of parents and pupils on significant changes to school uniform policy 
  • consider the cost, the available supply sources and year round availability of the proposed uniform to ensure it is providing best value for money for parents
  • ensure that the PE uniform is practical, comfortable and appropriate to the activity involved, and that consideration is given to the cost of compulsory PE clothing 
  • consider how the introduction of the proposed uniform policy might affect each group represented in the school and any existing suppliers.

Once a policy has been agreed, it is recommended that the governing body:

  • describe its uniform/appearance policy clearly and ensure that parents are informed
  • consider carefully reasonable requests to vary the policy, in particular to meet the needs of any individual pupil to accommodate their religion or belief, ethnicity, disability or other special considerations
  • consider carefully the risk of a challenge to the policy and consider appropriate insurance cover
  • review the policy at appropriate intervals (at least once every five years as a minimum) to ensure it is still fit for purpose. 

How do we ensure we are complying with pupil’s human rights and equality and discrimination law?

Schools needs to be careful when determining a uniform policy not to discriminate against pupils with a protected characteristic i.e. gender, race, sexual orientation, religion or belief or gender reassignment.  Schools will need to consider whether some flexibility in their uniform policy is required to ensure they do not discriminate. Schools also need to be aware of indirect discrimination, this is where a blanket policy is applied to all pupils, however this indirectly discriminates a pupil because it puts pupils at a particular disadvantage due to a protected characteristic. The school would need to show that this was a proportionate way of achieving a reasonable objective if it is to be lawful.

Some religions or beliefs require that they wear a specific form of dress. This could include wearing or carrying specific religious artefacts, not cutting their hair, dressing modestly, or covering their head.  

Where a school has good reason for restricting an individual’s freedoms, for example, the promotion of cohesion and good order in the school, or genuine health and safety or security considerations, the restriction of an individual’s rights to manifest their religion or belief may be justified. The school must balance the rights of individual pupils against the best interests of the school community as a whole.

How should we deal with complaints about uniform?

Complaints regarding school uniform policies should be made in accordance with the school’s complaints procedure. It is expected that schools work closely with parents when addressing their concerns and to be able to reach a mutual conclusion.

If the school uses a specific supplier to source the uniform, then the school must ensure that the supplier has a complaints procedure parents can use to raise complaints about the quality of the school uniform provided. 

 Governors should be willing to consider reasonable requests for flexibility in the uniform policy for an individual pupil to accommodate particular social and cultural circumstances.

What action should we take if a pupil does not comply with the school uniform policy?

Pupils who do not comply with the school’s uniform policy can be dealt with in accordance with the school’s behaviour policy. 

A head teacher or a person authorised by the head teacher can send a child home briefly to remedy a breach of the uniform policy. Before making this decision the school should take into consideration the pupil’s age and vulnerability, the ease and time it will take and the availability of the pupil’s parents. This will be recorded as an authorised absence, unless the pupil takes longer than necessary to effect the change. 

If a school wishes to exclude a pupil for failure to comply with the uniform policy, the school will need to ensure it meets the necessary legal requirements. Please see the information on exclusion for more information on this. 

 

This information is correct at the time of writing, 15th June 2022. The law in this area is subject to change.

Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.

Professionals, organisations and institutions must obtain permission from the CCLC to print or photocopy our publications in full or in part.

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This information is correct at the time of writing, 15th June 2022. The law in this area is subject to change.

Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.

Professionals, organisations and institutions must obtain permission from the CCLC to print or photocopy our publications in full or in part.