Scots children's commissioner warns strict policies on wearing of school uniform are unlawful

Bruce Adamson has said they have 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 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 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. They also have the right to receive “adequate and efficient” support if they have been identified as having additional support needs.

Children’s rights to an education and their best interest 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 decision making in schools".

He said other UNCRC rights, including the right to play and recreation can also be impacted by inappropriate dress codes.

He said that over the past two winters, with the need for additional ventilation resulting in low temperatures in some classrooms, there have been instances where children and young people were not even allowed to wear warm clothing such as fleeces or coats as they were not uniform.

Young people reported that this impacted on their ability to learn.

"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," he said.

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

After an approach to the Minister for Children and Young People, 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 are 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.

It said that shool uniform policy is a matter for local authorities and individual schools to decide upon at local level.

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 broad ranging rules.

Research by Dr Rachel Shanks, a senior lecturer in the school of education at Aberdeen University, found that 343 of the 357 publicly funded secondary schools in Scotland expected pupils to wear a uniform in 2019.

A total of 320 schools insist upon school ties for both girls and boys, while 235 schools require a blazer to be worn and 200 ban jeans.

Dr Shanks’ research also found that almost 20 per cent of Scottish secondary schools specify an exclusive supplier for school uniforms.

In 2011, the Scottish Youth Parliament responded to call for ‘reforming uniform policy in all Scottish local authority schools by producing mandatory guidelines’ by conducting their own survey of youths aged between 14 and 25.

Of those whose schools had a uniform policy, 71.7% said that it was ‘strictly enforced’, with 28.3% feeling that it was ‘not very strictly enforced.’ When asked about the degree to which the uniform could be personalised, such as being allowed to choose between a shirt and a polo shirt, or whether or not to wear a tie, the majority of respondents (59.4%) said that they could personalise ‘some elements’ of their uniform. Some 40.6% said that there was ‘one specific uniform and personalisation is not allowed’.

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.

But the commissioner said that not all families living in poverty are eligible for the grant and school uniform "remains a significant expense for many families".

He added: "While it is not clear whether school uniforms are beneficial or not in terms of raising attainment, it is clear that strict uniform policies, enforced through school disciplinary processes, are not compatible with the realisation of children’s human rights.

"Where dress codes work best, they are developed with the active participation of children and young people, with the intention of realising children’s human rights, including the right to an education and with consideration for their comfort and their wellbeing, where they allow them to express their identity and are worn voluntarily."

In response to the call to ban school uniform, 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."

A spokesman said that there were advantages to wearing school uniforms including reducing competition between pupils in respect of expensive clothing brands, which in turn reduces one of the causes of bullying.

They also helped create a positive image of the school within its local community and they are also good from a school’s security perspective since they allow school staff to easily identify anyone who does not belong to the school, said the spokesman.

"I also recognise that not all families will be eligible to receive the school clothing grant, and that some of those families will only be marginally above the qualifying threshold. That is why we have committed to introducing statutory guidance on uniforms for schools and local authorities during the lifetime of this parliamentary session," the spokesman said.

“Local authorities and individual schools also have the flexibility to temporarily amend their local school uniforms policies where they feel it would be appropriate to do so, for example during periods of extreme weather.”

A Scottish Government spokesman said: “There is no legislative requirement in place in Scotland which legally requires the wearing of school uniform, school uniform policy is a matter for local authorities and individual schools to decide upon at the local level.

“Local authorities and individual schools also have the flexibility to temporarily amend their local school uniforms policies where they feel it would be appropriate to do so, for example during periods of extreme weather.”