The department is monitoring the impact of the school uniform guidance through continued engagement with key stakeholders, including via correspondence received by the department from parents, school leaders, and uniform suppliers.

While it is the responsibility of school governing boards to determine their uniform policy, we will continue to engage with the sector to ensure that schools are aware of their obligations to comply with the uniform guidance.

The Department plans to publish the statutory guidance in Autumn 2021.

Schools do not need to make any changes before the guidance is released. The Department want schools to implement changes in a timely and considered manner to ensure that parents do not incur additional costs from sudden uniform changes.

Once the guidance is published, all schools will need to review their uniform policies and make necessary changes as soon as possible to ensure that parents see the benefits of the guidance.

The department has reviewed the findings of the report ‘School Uniform: Dressing Girls to Fail’ and is engaging with stakeholders, including the authors of the report, ahead of publishing statutory guidance under the Education (Guidance about Costs of School Uniforms) Act 2021. This statutory guidance will be limited in scope to the cost aspects of uniform. Schools have a duty under the Equality Act 2010 not to discriminate unlawfully due to the protected characteristics of sex and gender reassignment.

Where a school has different dress codes for male and female pupils, they will need to carefully consider their obligations under equalities legislation not to discriminate unlawfully on the grounds of any protected characteristic.

The department published guidance to help schools understand how to fulfil their duties under the Equality Act 2010, this guidance is available here: https://www.gov.uk/government/publications/equality-act-2010-advice-for-schools. The department has also published non-statutory best practice guidance on school uniform which is clear that, “In formulating its school uniform policy, a school will need to consider its obligations not to discriminate unlawfully. For example, it is not expected that the cost of girls’ uniform is significantly more expensive than boys.”. This guidance is available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/514978/School_Uniform_Guidance.pdf.

It is for the governing body of a school to determine uniform policy. In making decisions about its school uniform policy, and all other school policies, a school must have regard to its obligations under the Human Rights Act 1998, the Equality Act 2010 and the Public Sector Equality Duty. Where a school has different dress codes for male and female pupils, they will need to carefully consider their obligations under equalities legislation not to discriminate unlawfully on the grounds of any protected characteristic. The department publishes guidance to help schools understand how the Equality Act affects them and how to fulfil their duties under the Act: https://www.gov.uk/government/publications/equality-act-2010-advice-for-schools. This includes a duty on schools not to discriminate unlawfully due to the protected characteristics of sex and gender reassignment. The department also publishes non-statutory best practice guidance on school uniform which is clear that “in formulating its school uniform policy, a school will need to consider its obligations not to discriminate unlawfully”: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/514978/School_Uniform_Guidance.pdf. For example, it is not expected that the cost of girls’ uniform is significantly more expensive than boys.

Under the Education (Guidance about Costs of School Uniforms) Act 2021, the forthcoming statutory guidance will be limited in scope to the cost aspects of uniform, but we will continue to make our non-statutory guidance available to schools alongside it.

It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the Member.

We intend to put the school uniform guidance on a statutory footing when a suitable legislative opportunity arises. No education bill was announced in the most recent Queen’s speech, which set out the proposed legislative programme for this session of Parliament. We therefore anticipate that the next opportunity to consider a suitable slot for this measure will be in the second session of this Parliament.

Decisions on school uniform, including how this is sourced, are made by the governing body (or academy trust) of the school, but our existing guidance is clear that, when setting their uniform policies, schools should keep costs to a minimum and ensure the uniform is affordable for everyone.

The guidance also reminds schools of their obligation under Human Rights and Equalities legislation, as well as highlighting the legal requirement for schools to have a complaints process in place. Parents who have concerns about a school’s uniform policy can use this process to raise these with the school. If parents continue to have concerns, they can raise these with the Department.

We intend to put this guidance on a statutory footing when a suitable legislative opportunity arises.