Everything you need to know about rules on school uniforms, hair and piercings (2024)

It's that time of year again, when parents share photographs of their offspring dressed smartly in their new school uniforms ready for the next term.

But it's never long before the stories hit the headlines about pupils being sent home or put in isolation for wearing the wrong things.

Just this week, a schoolgirl was left "angry and humiliated" after she was kicked out of class for wearing trousers that were too short and didn't touch the top of her shoes, at George Spencer Academy in Nottinghamshire.

In Newcastle, children have been threatened with being put in isolation for wearing shoes with any "adornments" such as bows, strings or logos.

Last year, around 90 pupils were sent home from Ysgol Rhosnesni in Wrexham on the first day of term after arriving wearing trainers and "inappropriate skirts" after stricter uniform rules were introduced.

As children went back to Hawarden High School last September, those with a shaved head risked being put in isolation until their hair grew back.

Strict school uniform rules have angered parents who believe their children should be allowed some flexibility when it comes to uniforms.

But where does the law stand and what can parents do if they disagree with school rules?

Hannah Parsons, principal associate solicitor at DAS Law, helps answer these questions.

Do children have to abide by the school uniform?

There is no education legislation specifically covering the wearing of school uniform or other aspects of appearance such as hair colour and style and the wearing of jewellery and makeup.

However, as part of its responsibility for the conduct of the school, a governing body can specify a uniform which pupils are required to wear and other rules relating to appearance.

The school can discipline pupils for not complying with the school uniform rules, although they are expected to consider a reasonable request to vary the uniform policy and must take care to ensure that any policy does not lead to discrimination,particularly on grounds of sex, gender reassignment, sexual orientation,race, disability, religion or belief.

The new Welsh Government guidance comes into force from September 1, 2019, and provides advice for governing bodies and head teachers on issues relating to school uniform policy.

Can the school really send children home for not sticking tostrict uniform rules?

Where the governing body has put in place a school uniform policy and/or rules about appearance, it is for the head teacher to enforce these as part of his or her overall responsibility for the day-to-day running of the school and for maintaining discipline.

Head teachers should decide what action to take when pupils infringe a school’s uniform or appearance rules. Head teachers can discipline pupils for breach of the school’s uniform/appearance policies, however, it is very important they first try to establish why a pupil is not complying with the policy.

If it is because families are in financial difficulties, schools should allow an appropriate amount of time for the required items to be purchased.

Schools should also publicise relevant Welsh Government grant funding such as school uniform support.

Head teachers may ask pupils to go home to change their clothes if it is appropriate to do so.

This should be for no longer than necessary to effect the change of clothing and would only be appropriate where the change could be made quickly and easily.

Head teachers must not send a pupil home indefinitely or for longer than is necessary to change clothes or modify appearance (e.g. by having a haircut) as this could amount to an unofficial exclusion.

This measure should be used proportionally. When sending a pupil home, head teachers or senior staff should bear in mind the age and vulnerability of the child and should contact the parents or carers.

The pupil would be expected to return to school immediately after their clothes had been changed. Failure to do so could amount to an unauthorised absence.

Only where breaches of the school’s uniform or appearance policy are persistent and in open defiance and where all other avenues for resolving the uniform dispute have been exhausted, may the school consider exclusion as a last resort.

What are my rights to appeal a school’s decision on school uniform?

Whenever a school uniform policy is in place, a school is expected to consider reasonable requests to vary the policy, and in particular when the request is made to meet the needs of individual pupils to accommodate their religion or belief, ethnicity, disability or other special consideration.

Disputes about school uniform should be resolved locally and in accordance with the school’s complaints policy. School governing bodies must have a complaints procedure to deal with issues about school uniform, and governors are expected to consider reasonable requests for flexibility to accommodate social and cultural circ*mstances.

What are the legal implications if a child has changed their appearance during school holidays such as hairstyle etc?

As well as having rules on school uniform, schools are entitled to have rules regarding appearance. Provided the rules are reasonable and don’t infringe equality legislation the school is entitled to enforce the rules in accordance with its disciplinary policy.

Where pupils change their appearance in the school holidays they need to be aware that on returning to school they will be expected to adhere to the school’s appearance policy.

If a child has had their ears piercedand cannot remove the earrings for 4-6 weeks but the school makes the students take them out for PE. What does the law say here?

It is common for the school to make rules regarding wearing of jewelleryin school - and in particular in PE lessons - and the rules may require the jewellery to be removed. Such rules are likely to be considered reasonable.

Many schools set out a specific policy for dealing with the situation where recently pierced earrings cannot be removed for PE lessons and make provision for children to be given another related task. The school’s policy will often draw attention to the requirement regarding earrings suggesting that any ear piercing takes into account the school policy.