School uniform and clothing guidance: equality impact assessment

Key Findings

The EQIA considered a range of evidence. Broadly, it found that the guidance will be of positive benefit to pupils, parents and carers. In considering each of the protected characteristics, the following evidence was considered, and findings made.

Age

Evidence

The summary statistics for schools in Scotland indicate that in 2023, there were 705,528 pupils attending publicly funded schools in Scotland. These are school age pupils, between the ages of 4 and 19 years of age. Of those, there were 384,725 primary age pupils, 313,061 secondary age pupils and 7,742 pupils who were learning in a special school.

The data from the Poverty and Income Inequality in Scotland 2020-23, indicates that over the last 15 years, the youngest households (household heads aged 16-24) have been consistently more likely to be in relative poverty compared to older households. In 2020-23, 39% of people in households in this group were in relative poverty after housing costs, compared to poverty rates between 17% and 23% for older households.

Consideration

The schools provisions in Part 6 of the Equality Act 2010 do not apply to the protected characteristic of age and therefore it is not strictly necessary for this protected characteristic to be considered as part of this EQIA. However, the guidance relates to all pupils in publicly funded schools in Scotland. Therefore, it is targeted at pupils of a particular age group. The guidance reflects the requirements to involve pupils in decisions about their education, including decisions on school clothing and uniform policies. Additional resources have been developed for pupils to support their understanding of this guidance.

The guidance 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 is clear that schools should minimise the cost of school clothing and uniform for all families to support the removal of unnecessary barriers to pupils’ participation and engagement in school education and address stigma and disadvantage. While the guidance is expected to have a positive impact for all families, those identified in the priority groups, including the youngest households, or those with a child under one, may be more positively impacted than other households.

Disability

Evidence

The summary statistics for schools in Scotland indicate that in 2023, there were 21,956 pupils recorded in publicly funded schools in Scotland who were assessed or declared as having a disability.

Evidence from the school uniform consultation analysis indicates that pupils with a disability may be more likely to be impacted or be impacted differently, by school uniform and clothing policies than pupils without a disability.

The data from the Poverty and Income Inequality in Scotland 2020-23, indicates that the poverty rate after housing costs for people in households with a disabled person was 24%. This compares with 18% in a household without disabled household members. The data notes that disabilities may impact on the ability of a parent or carer to work, and they may face higher costs because of their disability.

Consideration

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. The guidance asks schools to recognise and respond to issues related to clothing and uniform that may be experienced by disabled pupils. 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 disability. It also makes clear the requirements placed on education authorities, managers of grant-aided schools and proprietors of independent schools to provide reasonable adjustments for disabled pupils.^[2] The guidance encourages schools to engage with pupils, parents, carers and others to develop and implement flexible and inclusive clothing and uniform policies.

The guidance also 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. 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, such as households with a disabled person, may be more positively impacted than other households.

Sex

Evidence

The summary statistics for schools in Scotland indicate that in 2023, there were 345,698 female pupils and 359,830 male pupils registered in publicly funded schools in Scotland.

Evidence from the analysis of the public consultation on school uniform indicates that uniform and clothing may impact pupils differently because of their sex. The consultation included responses which expressed support for gender neutral uniform items. Not all responses provided a reason for their choice, however, of those that did provide further detail, the most common responses related to choice, flexibility, practicality, participation in physical activity, equality, inclusion and reducing gender stereotyping. The engagement with pupils also included evidence related to sex, with pupils acknowledging uniform posed concerns for them and affected how they learn and play. The report indicates that some girls feel they may not have the same opportunities as boys to take part in a number of physical activities and that some girls feel pressure to look a certain way for fear of being bullied or made fun of by their peers.

The Gender Inequality and Societal Attitudes Report indicates that there may be a perception that school uniform policies, and their implementation, can produce sexist double standards; for example, with girls and young women being held to stricter standards than boys and young men.^[3] Further, research from Lancaster University^[4] also found that the cost of uniform or clothing for school may be higher for girls and young women than it is for boys and young men.

The Poverty and Income Inequality in Scotland 2020-23 statistics indicate that in 2020-23, 19% of women and 20% of men were in relative poverty after housing costs. The relative poverty rate amongst single mothers and single women was 29%. In addition, the relative poverty rates amongst married and co-habiting adults were 15% and 16%, respectively.

Consideration

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. The guidance recognises that pupils may be impacted differently by clothing and uniform policies because of their sex. 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 sex.

The guidance promotes gender equality and supports schools to design and implement gender neutral clothing and uniform policies that support participation and inclusion for all pupils. The guidance aims to support schools to recognise and challenge the impact of harmful gender stereotypes, avoid gendered assumptions about the type of uniform that is preferred and promote flexibility and pupil choice. It also asks schools to ensure that when supporting and encouraging pupils to observe their uniform or clothing policy, their approach promotes gender equality, does not respond differently to pupils because of their sex or gender and supports pupils’ freedom to express their gender identity.

The guidance also 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. 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, such as lone-parent families, may be more positively impacted than other households.

Pregnancy and maternity

Evidence

Data from Public Health Scotland indicates that in 2021^[5], there were 2,005 teenage pregnancies, where the mother was aged 18 or under. There is a strong correlation between deprivation and teenage pregnancy, with typically higher rates in more materially deprived areas. However, while this data records the number of pregnancies where the mother was under 18, it cannot be assumed that all of the mothers were attending school. Information on the number of pupils attending school who are pregnant, or mothers is not collected.

Consideration

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. The guidance encourages schools to have a flexible clothing and uniform policy that supports pregnant pupils and pupils who return to school following the birth of their child.

Gender reassignment

Evidence

The Scottish Public Health Network (ScotPHN) - Health Care Needs Assessment of Gender Identity Services indicates that in 2017 it was estimated that there were 183 appointed referrals to the Young People's Gender Service Glasgow. Whilst referrals to the service will not reflect the entire population of transgender young people in schools, it provides an indication of the number of children and young people who are receiving support with their transition.

Consideration

The guidance is set within the legislative framework of the Equality Act 2010. It will support schools to meet the needs of all pupils and eliminate unnecessary barriers to participation and engagement in school education. The guidance asks schools to recognise and respond to issues related to clothing and uniform that may be experienced by transgender pupils. 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 gender reassignment.

The guidance encourages schools to engage with pupils, parents, carers and others to develop and implement flexible and inclusive clothing and uniform policies which take account of the needs, circumstances and identities of all pupils and take a proactive approach to address stereotypes and stigma which can often lead to prejudice or bullying experienced by transgender young people. The guidance signposts to Guidance on supporting transgender young people in Scottish schools which is underpinned by the duties placed on education providers by the 2010 Act and provides advice on the practical application of those duties in a school setting.

Sexual orientation

Evidence

The Scottish Government does not collect information on the sexual orientation of pupils or teachers. However, Stonewall's survey on the experience of young people in secondary schools in 2017, found that 45% of lesbian, gay and bisexual (LGB) pupils report having been bullied at schools in Scotland^[6].

The Poverty and Income Inequality in Scotland 2020-23 statistics indicate that the relative poverty rate was higher amongst LGB+ adults at 25% than among straight/heterosexual adults at 19%, or those whose sexual orientation was unknown (21%).

There was limited evidence available from the consultation and engagement on school uniform specifically related to sexual orientation. However, responses did reference equality and identity in a broader sense.

Consideration

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 unnecessary barriers to participation and engagement in school education. The guidance asks schools to recognise and respond to issues related to clothing and uniform that may be experienced by lesbian, gay, bisexual, transgender, queer/questioning and intersex plus (LGBTQI+) pupils. 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 sexual orientation.

It encourages schools to engage with pupils, parents, carers and others to develop and implement flexible and inclusive policies which take a proactive approach to address stereotypes and stigma which can often lead to prejudice or bullying experienced by LGBTQI+ pupils.

Race

Evidence

Information on pupils' ethnicity is collected as part of the annual pupil census and published in the summary statistics for schools in Scotland.^[7]

There was limited evidence related to race or ethnicity in the analysis of the consultation on school uniform, however, responses indicate that uniform and clothing may impact pupils differently because of their race or ethnicity. Research^[8] also indicates that discrimination related to hair or hairstyles disproportionately affects pupils with Afro-textured hair or hairstyles.

The Poverty and Income Inequality in Scotland 2020-23 statistics indicate that in 2018-23, people from minority ethnic (non-white) groups were more likely to be in relative poverty after housing costs compared to those from the White - British or White - Other groups.

The relative poverty rate was 51% amongst ‘Mixed, Black or Black British and Other’ ethnic groups, and 50% amongst the ‘Asian or Asian British’ ethnic group. However, the poverty rate amongst the ‘White - Other’ group (22%) was also higher than that of the ‘White - British’ group (18%).

Consideration

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 unnecessary barriers to participation and engagement in school education. The guidance asks schools to recognise and understand issues related to clothing or uniform that may impact pupils from all ethnic groups who belong to their school community. 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 race or ethnicity. It encourages schools to engage with pupils, parents, carers and others to develop and implement flexible and inclusive policies which enable cultural expression and take a proactive approach to prevent and tackle stigma, bullying, discrimination or prejudice against all pupils.

The guidance includes a section to support schools to prevent hair discrimination. It highlights that schools should have flexible and inclusive policies that support the needs, circumstances and identities of all pupils. Policies related to hair or hairstyles should be gender neutral, support pupils to feel comfortable with their natural hair and respect their right to express themselves through their choice of hairstyle. It sets out that policies must take account of the requirements of the 2010 Act and not discriminate against pupils on the basis of their protected characteristics.

The guidance also 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. 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, including minority ethnic households may be more positively impacted than other households.

Religion and belief

Evidence

The summary statistics for schools in Scotland indicate that in 2023, there were 124,284 pupils educated in denominational schools in Scotland. It should be noted that information is collected on the number of pupils who learn within a denominational school in Scotland. There is no information collected on the religion or belief of pupils in Scotland.

The analysis of the consultation on school uniform indicates that uniform and clothing may impact pupils differently because of their religion or belief and the wearing of religious items was referenced by some respondents.

The Poverty and Income Inequality in Scotland 2020-23 statistics indicate that 61% of people who identified their religion as Muslim were living in relative poverty after housing costs. This is compared to 16% of those who identify their religion as Church of Scotland; 17% of those who identify their religion as Roman Catholic and 18% of those identifying with no religion.

Consideration

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 unnecessary barriers to participation and engagement in school education. The guidance asks schools to recognise and understand issues related to clothing or uniform that may impact pupils of all religions or beliefs. 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 religion or belief. It encourages schools to engage with pupils, parents, carers and others to develop and implement flexible and inclusive clothing and uniform policies which take account of the needs, circumstances and identities of all pupils.