School uniform and clothing: Guidance for schools and education authorities

Footnotes

1 Analysis of Responses - School uniform: consultation analysis - gov.scot (www.gov.scot)

2 Analysis of Responses - School uniform: consultation analysis - gov.scot (www.gov.scot)

3 This may include community groups, faith organisations and Black and minority ethnic groups.

4 Scottish Schools (Parental Involvement) Act 2006 (legislation.gov.uk)

5 The protected characteristics under the schools’ provisions are: disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

6 Engagement with children on school uniform - The Children's Parliament, June 2023

7 As defined by section 1 of the Education (Additional Support for Learning) (Scotland) Act 2004.

8 Care experienced children are “looked after children” within the meaning of section 17(6) of the Children (Scotland) Act 1995.

9 Care experience is not a protected characteristic under the Equality Act 2010. Looked after children are recognised as having an additional support need under section (1A) of the Education (Additional Support for Learning) (Scotland) Act 2004 unless the education authority forms the view that the child or young person does not require additional support in order to benefit from school education.

10 As defined by the Children and Young People (Scotland) Act 2014.

11 Gender Inequality and Societal Attitudes Report: everyday-heroes-briefing3-Gender.pdf (ed.ac.uk)

12 School Uniform: Dressing Girls to Fail (2021) A Report by Let Clothes Be Clothes for the Department for Education

13 As defined by Part 2, Chapter 1, section 6 of the Equality Act 2010.

14 Schedule 13 of the Equality Act 2010

15 Paragraph 6.11 of the EHRC’s Technical guidance for schools in Scotland

16 Paragraph 6.13 of the EHRC’s Technical guidance for schools in Scotland

17 As defined by section 1 of the Education (Additional Support for Learning) (Scotland) Act 2004

18 Preventing hair discrimination in schools | EHRC (equalityhumanrights.com)

19 The Cost of Living Crisis in Scotland: analytical report - gov.scot (www.gov.scot)

20 Tackling child poverty priority families overview - gov.scot (www.gov.scot)

21 Poverty and Income Inequality in Scotland 2019-22 (data.gov.scot)

22 Tackling Child Poverty Delivery Plan 2022-26 - gov.scot (www.gov.scot)

23 The Child Poverty Strategy for Scotland identifies six priority household groups: larger families (with 3 or more children); lone parents; minority ethnic households; households with a disabled adult or child; households with a child under one year old; and mothers under 25 years old.

24 The term ‘branded’ is used to describe an item of clothing with distinctive features, characteristics or colours which make it unique to a particular school. This may include a logo or badge, braiding on a school blazer, or any particular style of type or colour of clothing that is not available from a range of retailers.

25 Competition and Markets Authority - action to reduce the cost of uniforms

26 This could include recycled wool, cotton and synthetic fabrics such as recycled polyester.

27 Page 31, Attendance: Understanding the Issues November 2023, Improving attendance in Scotland | Attendance | Resources | Education Scotland

28 The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

29 The Scottish Government intends to incorporate the UNCRC into Scots law through the UNCRC (Incorporation) (Scotland) Bill. Further information about this is available at Children's rights - Human rights - gov.scot (www.gov.scot)

30 The United Nations Convention on the Rights of the Child (UNCRC)

31 Section 54(1) of the Education (Scotland) Act 1980 .

32 In the context of section 54, a pupil attending a public school includes children aged 5, but not yet in school, and children and young people with additional support needs as set out in section 54(4) of the Education (Scotland) Act 1980.

33 Section 54(2) of the Education (Scotland) Act 1980.

34 Section 54(3) of the Education (Scotland) Act 1980.

35 Section 11(2) of the Education (Scotland) Act 1980.

36 Section 55(b) of the Education (Scotland) Act 1980.

37 Section 1 of the Standards in Scotland’s Schools etc. Act 2000.

38 Section 2(2) of the Standards in Scotland’s Schools etc. Act 2000.

39 Section 1 of the Scottish Schools (Parental Involvement) Act 2006.

40 Section 5(3) of the Scottish Schools (Parental Involvement) Act 2006.

41 Paragraph 13(u) of schedule 1 of the Education (School and Placing Information) (Scotland) Regulations 2012.

42 Within the meaning of section 17(6) of the Children (Scotland) Act 1995.

43 Section (1A) of the Education (Additional Support for Learning) (Scotland) Act 2004.

44 The protected characteristics under the schools’ provisions are: disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

45 As defined by section 150 of the Equality Act 2010.