Ironing out school uniform: The Children’s Wellbeing and Schools Bill

The Children’s Wellbeing and Schools Bill continues to work its way through Parliament.

Once the Bill becomes law, amongst other things, it is set to change the existing rules on how schools should decide what uniform policy they implement for their pupils and students.

In this article, Ryan Douglas, paralegal and Jill Donabie, partner, both in our education team, consider the requirements schools should have in place regarding their uniform policies, and what will change once the Bill becomes law.

The Children's Wellbeing and Schools Bill

While school uniforms may help to ensure equality among pupils, it can also lead to stress and financial strain for many households.

Set to cut over £70 million from the cost of uniforms for families across the UK, the uniform provisions in the Government's Children’s Wellbeing and Schools Bill are about “keeping children safe, saving parents money and bringing every school up to the standard of the best”, according to Education Secretary, Bridget Phillipson.

The government pledged to “bring down the cost of school unform by limiting the number of branded items of uniform and PE kit that schools can require” in the lead up to the General Election, and the new Bill aims to fulfil this promise.

Existing Guidance

The existing guidance on school uniforms is split between the statutory guidance and non-statutory guidance.

General Considerations

·        Overall cost implications – schools should be aware of how costs can mount up for multiple items, in cases where spare items are needed, or where a child outgrows the item very quickly for instance.

·        Uniform variations – schools should consider the impact that variations (such as house colours or specific items for certain year groups) can have on costs and whether uniform can be passed down between siblings.

·        Avoid frequent changes – schools are expected to minimise the need to change uniform and be able to demonstrate why any change is needed. They must also demonstrate how the change secures the best value for money.

·        Assess how costs affect different groups – costs impacting groups represented at a school, especially children who belong to groups with a particular protected characteristic as set out in the Equality Act 2010, need to be considered.

·        Engage with parents and pupils – engagement is encouraged. Schools should be able to show how views on costs from parents and pupils have been considered in their policy.

·        Extra-curricular activities – schools should avoid requiring additional uniform for any extra-curricular activity. Schools should consider whether the standard uniform or PE kit would be sufficient for any activity.

·        Engage with uniform suppliers – schools are expected to engage with their uniform supplier on how to ensure that they get the best value for money on proposed uniform.

·        Pupils attending more than one school – if a pupil is attending two settings as part of a regular educational programme, the school the pupil is registered at should consider how it can support them with uniform for the other setting.

Branded Items

Schools are expected to keep branded items to a minimum and also bear in mind that generic items are often widely available at a significantly lower cost. Branded items should be reserved for low-cost or long-lasting items. Schools must also consider whether a branded item is the most cost-effective way of achieving the desired result of their uniform.

The Department for Education (DfE) consider a 'branded item’ to be an item of clothing with distinctive characteristics which make it unique to a school or trust. The test of a ‘branded item’ is not whether the item has a logo, it is whether it can be purchased at a range of retailers.

For example, a navy skirt or a grey jumper that is available from multiple retailers is not a branded item. But if your policy restricts their purchase to specific suppliers, it is a branded item.

Where a school does decide that a branded item is required, they should consider how they can keep costs to a minimum. This could involve sew or iron-on labels or having limited branding on longer-lasting items. These could include ties rather than shirts, which need to be replaced more frequently and are often bought in larger quantities.

Optional branded items should be kept to a minimum to ensure uniform acts as a social leveller.

Particularly expensive items shouldn't require branding. For example, coats, bags and trainers can all be purchased for use on non-school days.

It may be appropriate to require coats worn in school to be sensible and unbranded, but it should not be a requirement that the coat is branded in a way that it could not be worn by a child on non-school days.

The Children’s Wellbeing and Schools Bill will place a cap on the total number of branded items a school can include as part of its uniform to a maximum of 3 items (not including ties).

PE Kit

The same cost considerations need to be made when developing the school’s PE kit policy.

Again, the number of items (branded items in particular) should be kept to a minimum and an overly specific policy should be avoided. 

Arrangements for Suppliers

Parents should be able to purchase generic uniform items from a range of retailers, allowing for choice and value for money.

Where a branded item is required, a written contract must be in place with the supplier of these items.

Schools must be able to demonstrate that they have obtained best value for money and any savings negotiated must be passed on to parents. Cashback arrangements should not be entered into.

Single supplier contracts should be avoided unless there are regular tendering competitions to ensure the best value for money is secured. A tendering competition should be conducted at least every 5 years.

As a general rule, the value of the contract will determine the type of procurement procedure that needs to be undertaken. The higher the value of the contract the more rigorous the tender process will need to be.

Second-hand Uniforms

Second-hand uniforms can provide benefits in terms of both cost and sustainability.

Schools should ensure that arrangements are in place to make second-hand school uniforms available to parents. Schools are responsible for deciding how this can be best achieved.

Provisions could be made within the school, through Parent Teacher Associations or through other established schemes such as local authority exchange schemes.

While schools have flexibility over the method of provision, they should ensure parents are clearly informed with details published on the school’s website.

Pupil non-compliance

DfE’s non-statutory guidance provides advice on managing cases of non-compliance. In any event, schools are required to take a mindful and considerate approach to non-compliance where financial hardship is the cause. Extra care must be taken where non-compliance may be connected to a Protected Characteristic under the Equality Act 2010.

Ensuring your school stays compliant

Existing statutory guidance on school uniform means all schools must consider and aim to minimise the cost on parents - but the new cap on branded items will take this even further.

If you have any queries on your school’s requirements or DfE’s guidance, please contact our education team via 0191 211 7777 or a[email protected].