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

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

(Please choose from positive, negative, neutral or no impact. Please note you can have both a positive and negative impact on children’s rights.)

Children’s Rights

Applicable answer(s): Positive

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The school uniform and clothing guidance is expected to have a positive impact on children and young people’s rights and support the realisation of their rights.

The guidance aims to:

• 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 support children and young people to express their views on matters which affect them (article 12). The guidance is clear that the rights of children and young people all require to be recognised and respected. It makes clear that children and young people have a key part to play, alongside their families and school staff, in the design and implementation of school uniform and clothing policies. It asks schools to ensure that they create meaningful opportunities to involve pupils in decisions and discussions about their uniform and clothing policies and ensure that their approach is inclusive of pupils with a range of lived experience and that it is flexible to address barriers to participation. The guidance highlights the importance of ongoing engagement with pupils to identify and address any barriers that they face to clothing or uniform.

The guidance is clear that children and young people’s comfort and wellbeing should be at the centre of school clothing and uniform policies. It asks them to ensure they have flexible policies in place to support children and young people to participate and engage in a range of different subjects and activities, including physical education and play (article 31). It asks schools to consider a range of factors to ensure children’s comfort and wellbeing. This will support children’s right to an education and their right to leisure and play.

The guidance aligns with the provisions of the Equality Act 2010 and other relevant legislative requirements. It will support schools and education authorities to meet the needs of all pupils, protect children and young people’s rights and ensure that any unnecessary barriers to participation and engagement in school education are addressed.

The guidance recognises 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. It provides information to schools and education authorities on recognising and responding to the needs, circumstances and identities of pupils and their families in the development of local clothing and uniform policies. It clearly sets out the requirements placed on education authorities, managers of grant-aided schools and proprietors of independent schools by the Equality Act 2010, including guidance to ensure that their uniform or clothing policies do not discriminate against pupils on the basis of their protected characteristics. This will support the realisation of children’s rights to an education (article 28) and the goals of education (article 29). By asking schools to ensure that their clothing and uniform policies recognise and respond to the individual needs, circumstances and identities of pupils and take account of their legal duties under the Equality Act 2010, the guidance will support the rights of children with a disability (article 23), minority or indigenous groups (article 30) and help to realise the rights of children to be protected from discrimination (article 2), promote freedom of expression (article 13) and freedom of thought, religion and belief (article 14).

Alongside the guidance, supporting resources have also been developed to communicate the key messages to pupils, parents and carers.^[4] These resources have been informed by the views of pupils, parents, carers and others. This will support children’s right to express their views (article 12) and will support and promote children’s knowledge of their rights (article 42).

9. If a negative impact has been identified, please describe below. Is there a risk this could potentially amount to an incompatibility?

No negative impact has been identified.

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

(Please choose from yes, no or not applicable)

Applicable answer: Yes

If yes, please provide an explanation below:

The guidance is expected to have a positive impact on the wellbeing of children and young people of school-age in Scotland, helping them to become successful learners, responsible citizens, effective contributors and confident individuals. The guidance asks schools to develop a flexible approach to their uniform and clothing policy which centres on the comfort and wellbeing of pupils. It seeks to support schools and education authorities to address disadvantage and remove barriers to school education, supporting all pupils to attend school feeling comfortable, confident and ready to learn.

The guidance will support children and young people to be safe by helping schools to create an environment where children and young people feel secure, nurtured and listened to. The guidance will support children and young people to express their views about school uniform and clothing and help to ensure that these views are recognised and respected.

The guidance will support children and young people to be healthy by helping schools to recognise and take account of their individual needs, circumstances and identities in the design of school uniform policies, recognising the impact on children and young people’s mental and physical health. The guidance encourages schools to ensure that their clothing and uniform policies support children and young people to participate in all activities and play.

The guidance will support children and young people to achieve. The guidance will support schools to address barriers to learning or attendance by creating flexible clothing and uniform policies that recognise the individual needs, circumstances and identities of children and young people, helping them to attend school feeling comfortable, confident and ready to learn.

The guidance will support children and young people to be nurtured by helping schools to create an environment in which all children and young people feel secure, listened to and encouraged and supported to express their own identity.

The guidance will support children and young people to be active by supporting schools to design flexible clothing and uniform policies that help children and young people to participate in physical activity and play. The guidance seeks to support schools to identify and remove barriers to learning and participation to ensure that children are happy, safe and engaged in their learning.

The guidance will support children and young people to feel respected by asking schools to ensure that they listen and respond children and young people’s views. The guidance asks schools to create meaningful opportunities to involve pupils in decisions and discussions about their uniform and clothing policies and ensure that their approach is inclusive of pupils with a range of lived experience and that it is flexible to address barriers to participation. The guidance highlights the importance of ongoing engagement with pupils to identify and address any barriers that they face to clothing or uniform.

The guidance will support children and young people to be responsible. It will support schools to create a positive culture that supports children and young people to feel accepted, respected and connected to their school. The guidance recognises that there may be barriers to participation related to clothing and uniform for some children and young people and asks schools to ensure that they address these barriers to ensure that all children and young people feel included and accepted as part of their school community and can fully participate in their learning. In particular, it asks schools to be mindful of any financial or other barriers which may discourage children and young people from seeking leadership roles at school.

The guidance will support children and young people to feel included. It asks schools to prioritise comfort and practicality in their approach to school uniform and clothing and ensure that their policies are flexible to meet the needs of all pupils. The guidance recognises that there may be particular barriers to participation related to clothing and uniform for some children and young people and asks schools to ensure that they address these barriers to ensure that all children and young people feel included and accepted as part of their school community and can fully participate in their learning.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

A separate online resource for pupils has been developed. This communicates the key messages from the guidance and sets out information on their rights to be involved in decisions which effect their education. This resource has been designed in collaboration with children and young people.

The children and young people who were involved in the consultation through the Children’s Parliament have received feedback from Scottish Government officials.