School uniform and clothing guidance: child rights and wellbeing impact assessment

Introduction

1. Brief Summary

Type of proposal

(Please choose from either Bill, SSI or Decision of a strategic nature relating to the rights and wellbeing of children)

Applicable answer: Decision of a strategic nature relating to the rights and wellbeing of children.

Name the proposal, and describe its overall aims and intended purpose

The Scottish Government has developed school clothing and uniform guidance, as well as supporting resources which will to apply to all public schools in Scotland. The guidance is non-statutory and is intended to support schools and education authorities to make local decisions about their school uniform and clothing policies and to design, implement and review policies related to school clothing and uniform. It is also available to grant-aided and independent schools for their voluntary consideration.

Decisions about school uniform are a matter for individual schools and education authorities. The guidance aims to support schools and education authorities to work with children, young people and their families to design and implement flexible and inclusive uniform and clothing policies that:

• support sustainable approaches to clothing and uniform by reducing waste and encouraging the reuse of clothing;
• address inequality and disadvantage by reducing the cost of school clothing and uniform for families;
• promote an inclusive approach to clothing and uniform that is responsive to the needs, circumstances and identities of all pupils.

The guidance will have a direct and indirect impact on children and young people. It seeks to remove barriers to school education, helping to increase pupil participation, attendance and engagement, leading to improved educational outcomes and experiences for children and young people. The guidance also seeks to support families by minimising the cost of clothing and uniform for school and reducing the overall cost of the school day.

Start date of proposal’s development: A commitment to introduce guidance on school uniform was made in 2021. A public consultation was undertaken between May 2022 and October 2022. A working group to support development of the guidance was established in early 2023.

Start date of CRWIA process: CRWIA considerations have been undertaken since early 2023, in parallel with the work of the school uniform working group.

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights?

The guidance will directly impact all children and young people of school-age who attend public schools in Scotland. The guidance will directly impact children and young people by supporting the removal of barriers to school education, helping to increase pupil participation, attendance and engagement, helping to support improved educational outcomes and experiences for children and young people. It will also support children and young people to be involved in decisions that affect them, by ensuring that schools seek, listen and take account of pupils’ views in the design and implementation of clothing and uniform policies. Therefore, this guidance intends to positively impact article 28 and 29 (right to education and goals of education) and article 12 (respect for the views of the child).

The guidance recognises that children and young people will be impacted differently by clothing and uniform policies because of their protected characteristics or because of other factors, including socio-economic factors. The guidance will have a positive impact on children and young people who may be negatively affected by socio-economic circumstances. It recognises that the cost of uniform and clothing may affect some households more than others, highlighting the six priority family types who are at highest risk of child poverty.^[1] The guidance makes clear that schools should minimise the cost of school clothing and uniform to support the removal of unnecessary barriers to pupils’ participation and engagement in school education and address stigma and disadvantage. While this is expected to have a positive impact for all families, those in the priority groups, may be more positively impacted than other households. This will help to ensure equality across all children and young people (and their families) regardless of income or other socio-economic factors and therefore seeks to positively impact article 2 (non-discrimination).

The guidance will have a positive impact on children and young people with different protected characteristics. The guidance is set within the legislative framework of the Equality Act 2010. It supports schools to meet the needs of all pupils and ensure that they eliminate any unnecessary barriers to participation and engagement in school education. This includes barriers related to uniform and will be explained further in response to questions 3 and 5. The guidance asks schools to recognise and respond to issues related to clothing and uniform that may be experienced by pupils with different protected characteristics. It makes clear the requirements placed on education authorities, managers of grant-aided schools and proprietors of independent schools by the Equality Act 2010, including to ensure that their uniform or clothing policies do not discriminate against pupils on the basis of their protected characteristics.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

From:

• existing research/reports/policy expertise
• consultation/feedback from stakeholders
• consultation/feedback directly from children and young people

A range of evidence has been considered as part of this assessment. This includes analysis of the public consultation on school uniform, alongside the Children’s Parliament report on the consultation with pupils on school uniform. Data gathered from Scottish Government statistical publications was also considered. This included data on Poverty and Income Inequality in Scotland 2020-23 and Summary statistics for schools in Scotland 2023.

Further evidence considered also included the tackling child poverty delivery plan: Best Start, Bright Futures, the report from Child Poverty Action Group on the cost of the school day, the School Clothing Framework for Action and anecdotal evidence on uniform and clothing policies from across Scotland.

Evidence from stakeholders and policy colleagues

A public consultation which sought views on school uniform was undertaken between May and October 2022. The consultation provided an opportunity to influence the development of national policy and guidance on school uniform. It asked for views on uniform policy, including what should be included within the guidance, the role that school uniform plays in day-to-day school life, how best to reduce the cost of school uniforms, and views on draft principles that could be incorporated into national guidance. There were 2,751 responses to the consultation. Of these responses, 2,670 responses were submitted by individuals whilst 81 were submitted by organisations. There were a wide range of organisations represented with responses from local authorities; individual schools; school uniform banks; anti-poverty campaign groups; the independent school sector; school uniform suppliers; third sector organisations and pupil and parent councils.

The overall themes from the consultation were: affordability and cost, equalities and inclusion, sustainability, scope and compliance.

The analysis has been used to inform development of the guidance on school clothing and uniform. A working group was established to support guidance development. The working group has representation from a range of stakeholders. Membership can be found here: Education: School Uniform Working Group - gov.scot (www.gov.scot).

Evidence was also considered from policy colleagues across Learning Directorate. Further evidence included the Gender Inequality and Societal Attitudes Report and School Uniform: Dressing Girls to Fail (2021) A Report by Let Clothes Be Clothes for the Department for Education.

Evidence and feedback from children and young people

Views on school uniform were also sought from pupils. The Children’s Parliament engaged with over 100 children, aged between 6 and 11 from 3 primary schools across Scotland. The Children’s Parliament used creative arts-based activities to give pupils the opportunity to express their views about a range of different areas related to uniform. These were:

• children’s general views on uniform.
• why uniform matters to children or not.
• what children see as the benefits or drawbacks of a uniform.
• children’s views on uniform as it relates to issues of equality and inclusion.
• children’s ideas on how to bring the cost of uniform down.
• children’s views on specific items of uniform.
• children’s views on consequences of not wearing uniform

The pupils had a range of views about these issues. These can be summarised into the following themes: comfort, cost, identity, choice, safety, consequences, and gender. Further information about pupils’ views on these issues is included in response to question 5.

Further information about the consultation is available at this link: School uniform: consultation analysis - gov.scot (www.gov.scot)

To support development of a resource for pupils about school clothing and uniform, Child Poverty Action Group undertook further engagement on behalf of Scottish Government officials in February 2024. This involved engagement sessions at two different schools with ten P7 pupils and twelve pupils from S1 and S5. Pupils discussed a range of issues, including their views on school uniform generally, why guidance on clothing and uniform is important and how this guidance should be communicated. The children and young people expressed a range of views. The themes from this engagement were broadly similar to the themes that emerged from the previous engagement undertaken by the Children’s Parliament. During this engagement, pupils were also asked for their views on a draft of the resource for pupils. Feedback from pupils at this session was used to directly inform further development of the supporting resource for pupils.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed.

No gaps in evidence have been identified.

5. Analysis of Evidence

Analysis of the evidence available indicates that guidance on school clothing and uniform will have a positive impact on children and young people’s rights and wellbeing.

The guidance aims to support schools and education authorities to work with children, young people and their families to design and implement flexible and inclusive uniform and clothing policies that:

• support sustainable approaches to clothing and uniform by reducing waste and encouraging the reuse of clothing;
• address inequality and disadvantage by reducing the cost of school clothing and uniform for families;
• promote an inclusive approach to clothing and uniform that is responsive to the needs, circumstances and identities of all pupils.

The engagement with pupils about school uniform highlighted a range of issues which were important to children and young people, These were comfort, cost, identity, choice, safety, consequences, and gender.

As part of this engagement, pupils told us^[2] that they want to be free to move and play as well as be comfortable to help them enjoy their learning. They told us that it is important that the clothes they wear to school suit the weather and are comfortable and practical to allow them to participate in all types of activities at school. Some pupils spoke about feeling uncomfortable or self-conscious in some types of clothing or feeling insecure or embarrassed when wearing clothing made from thinner materials, such as shirts. Others expressed worries that they might be made fun of for how they look, and that this may prevent them from wanting to wear certain things or participate in certain activities. Some pupils spoke about clothing being restrictive and impacting on their ability to participate in learning or play. Other pupils also spoke about the importance of being able to express themselves and develop their own identity. A number of pupils highlighted the cost of uniform and wanted it to be inexpensive and easy for their families to buy. Many pupils felt that giving them a choice in the uniform and clothing they wear and involving them in decisions and discussions about schools’ policies were key to supporting their wellbeing and comfort. They also thought that there should not be negative consequences for those not wearing uniform recognising that the reasons for this might be outwith their control.

The public consultation on school uniform included a wide range of views and highlighted a number of issues. The key themes from the consultation were: affordability and cost, equalities and inclusion, sustainability, scope and compliance.

The responses to the consultation demonstrate that school uniform is an important issue for children and young people their families and other stakeholders. The consultation paper included certain matters which were already established as being part of the scope of the guidance. These included: affordability of school uniform; equalities considerations, aligned to protected characteristics; clothing and equipment for PE, physical activity and sport; and the use of exclusion as a compliance measure. Evidence from the consultation emphasised the importance of considering these matters in the development of uniform policy and guidance. It also highlighted further areas which should be considered to achieve the aims of addressing equalities issues related to school uniform policy and reducing the cost of uniform for families. This includes matters related to comfort, wellbeing, inclusion, and appropriate measures to respond to non-wearing of uniform, recognising the ethos and culture of schools and promoting attendance and reducing absence.

The responses to the consultation and engagement supported understanding of the key issues and ensured that these matters were reflected within the guidance, seeking to positively impact the following articles:

• article 2 non-discrimination
• article 3 best interests of the child
• article 8 protection and preservation of identity
• article 12 respect for the views of the child
• article 13 freedom of expression
• article 14 freedom of thought, belief and religion
• article 23 children with a disability
• article 28 right to education
• article 29 goals of education
• article 30 children from minority or indigenous groups
• article 31 leisure, play and culture
• article 42 knowledge of rights

Statistical evidence was considered. This included the Summary statistics for schools in Scotland 2023 which captures statistical evidence related to pupils in school education. This data has supported understanding of the number of pupils attending public schools in Scotland and provided statistical information about the characteristics of these pupils, including some data related to the protected characteristics of pupils. The Poverty and Income Inequality in Scotland 2020-23 captures evidence related to poverty and how this impacts different groups of people. This highlights that some households are at higher risk of poverty than others^[3]. This evidence has been used to inform the guidance and seeks to positively impact the following articles:

• article 2 non-discrimination
• article 3 best interests of the child
• article 8 protection and preservation of identity
• article 14 freedom of thought, belief and religion
• article 23 children with a disability
• article 30 children from minority or indigenous groups

This statistical information has supported our policy understanding that pupils may be impacted differently by clothing and uniform policies because of their protected characteristics or because of other factors, including socio-economic factors. The guidance makes clear that schools should minimise the cost of school clothing and uniform to support the removal of unnecessary barriers to pupils’ participation and engagement in school education and address stigma and disadvantage. While this is expected to have a positive impact for all children and young people, those in the priority groups or who have a protected characteristic may be more positively impacted than other households. This will help to ensure equality across all children and young people (and their families) regardless of income or other socio-economic factors and therefore seeks to positively impact the following articles:

• article 2 non-discrimination
• article 3 best interests of the child
• article 8 protection and preservation of identity
• article 12 respect for the views of the child
• article 13 freedom of expression
• article 14 freedom of thought, belief and religion
• article 23 children with a disability
• article 28 right to education
• article 29 goals of education
• article 30 children from minority or indigenous groups

Evidence from the tackling child poverty delivery plan: Best Start, Bright Futures, the report from Child Poverty Action Group on the cost of the school day and the School Clothing Framework for Action also highlighted important issues related to tackling poverty, supporting equality and inclusion and promoting sustainability. This has supported understanding of these issues and ensured that they are addressed though the guidance, seeking to positively impact the following articles:

• article 2 non-discrimination
• article 3 best interests of the child
• article 8 protection and preservation of identity
• article 12 respect for the views of the child
• article 13 freedom of expression
• article 14 freedom of thought, belief and religion
• article 23 children with a disability
• article 28 right to education
• article 29 goals of education
• article 30 children from minority or indigenous groups
• article 31 leisure, play and culture
• article 42 knowledge of rights

Evidence was also considered from the Gender Inequality and Societal Attitudes Report and School Uniform: Dressing Girls to Fail (2021) A Report by Let Clothes Be Clothes for the Department for Education. These reports highlighted issues related to sex and gender, highlighting that clothing and uniform policies may impact pupils differently because of their sex. This has supported understanding of these issues and ensured that they are addressed through the guidance, seeking to positively impact the following articles.

• article 2 non-discrimination
• article 3 best interests of the child
• article 8 protection and preservation of identity
• article 13 freedom of expression
• article 28 right to education
• article 29 goals of education
• article 31 leisure, play and culture

6. What changes (if any) have been made to the proposal as a result of this assessment?

The evidence set out in the previous sections of this assessment has helped to inform and shape the school clothing and uniform guidance. The public consultation and engagement with pupils have been used by the working group to identify issues that are important to pupils, parents, carers, teachers, school staff and others and ensure that these are addressed through the guidance.

Child Poverty Action Group undertook an engagement session with pupils on behalf of the Scottish Government in February 2024. The primary focus of this engagement was to seek views of children and young people on the supporting resource for pupils on school clothing and uniform. Their views directly informed this resource and in particular, their feedback influenced the language used in the supporting resource which was updated to make it more child-friendly and accessible.

This engagement session was also a further opportunity to seek the views of children and young people on school uniform more broadly. Pupils expressed similar views to those that had been shared as part of the previous engagement which provided reassurance that these issues had been addressed appropriately in the guidance.