Children’s commissioner warns strict Scottish policies on school uniforms are unlawful

SCOTLAND’S children’s commissioner has warned ministers that strict policies on wearing school uniform are an unlawful breach of pupils’ legal rights.

Scotland’s Children and Young People’s Commissioner has raised concerns about a trend in recent years for some schools to take an increasingly strict approach to school uniform and in particular to insist on the wearing of ties and blazers as calls have been made to ministers for a ban.

Bruce Adamson has his team has heard of situations where children have been sent home for not wearing correct uniform, which he said was “unlawful and should never happen”.

Pupils have also been disciplined for failing to wear the correct uniform, including being placed on detention or being denied permission to take part in school activities.

In some cases, children and young people opt not to attend school rather than risk attending with the incorrect uniform.

But the commissioner has warned: “Enforcing school uniform in this way breaches children’s right to an education.”

Under Scottish law, every child has the right to be provided with a school education.

Children also have the right to receive “adequate and efficient” support if they have been identified as having additional support needs.

Their rights to an education and their best interests are also set out in Article 3, 28 and 29 of the United Nation’s Convention on the Rights of the Child (UNCRC), and the commissioner said “the principle of non-discrimination must be central to decisionmaking in schools”.

He said other UNCRC rights, including the right to play and recreation can also be impacted by inappropriate dress codes. Mr Adamason said: “Learning and the wellbeing of children must be put ahead of what are in many cases quite arbitrary uniform policies. Equally concerning, there have been examples where schools have permitted warmer clothing, but required children and young people to buy uniform versions via the school, increasing the cost to families.”

His concerns emerged in response to a Scottish Parliament petition which called for a ban on school uniforms in secondary schools.

Anxiety

THE petition stated that school uniforms “prevent students from expressing their personality and culture” and are a “source of anxiety for low-income families”.

It says uniforms are expensive and an unnecessary cost, while students want to be able to dress “comfortably, in their choice of style”.

The petition says: “Concentration is increased when students feel like they’re in a safe environment, and wearing their own clothes is much more pleasant than stiff blazers and itchy skirts.”

In response, the Scottish Government has said it would not support a proposal to ban school uniforms at any school within Scotland. According to Scots law experts, there is no legal basis on which schools may compel children to wear any particular clothing. There are very limited circumstances in which restrictions on clothing may be legitimate, notably to prevent injury, for instance, in technology classes or PE.

But they have to be justified on a case-by-case basis and should not be an endorsement of broadranging rules.

Mr Adamason said: “The children’s commissioner said: “Where schools do choose to develop a school dress code, this should be developed with the participation of all children and young people in the school, in line with children’s right to participate in decision-making [under the UNCR]

“The dress code should be designed to support all aspects of children’s education and wellbeing, to be flexible and comfortable, appropriate for all children and to be suitable for activities throughout the school day.

“This includes being physically active (including during breaks) and being warm and comfortable. And, in line with the legal position outlined ... it must be voluntary.

“Yet, we continue to hear of situations where children have been disciplined for failing to wear correct uniform, including being placed on detention or being denied permission to take part in school activities.”

The Scottish Government’s national minimum school clothing grant increased from £100 per eligible secondary school pupil to £150 in 2021.

In response to the call to ban school uniforms, the Scottish Government said: “School uniform policy is a matter for local authorities and individual schools to decide upon at the local level.

“The Scottish Government would not support a proposal to ban school uniforms at any school within Scotland.”

There have been examples where schools permitted warmer clothing, but required children to buy uniform versions