Education (Guidance about Costs of School Uniforms) Bill

Fleur Anderson Excerpts

Report stage & 3rd reading
Friday 12th March 2021 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

I congratulate my hon. Friend the Member for Weaver Vale (Mike Amesbury) on bringing this very important Bill to this stage. I have been encouraging parents in my constituency to tune in and watch the debate. If any are still listening and watching, I think there are a few busy parents who may think that they could have agreed this Bill, written the guidance and got it done and dusted by now.

I would like to speak to some of the amendments, especially those about the timing of the Bill. I will also make some general points raised by the amendments. The enormous costs of school uniforms are of huge concern to my constituents. Owing to covid-19, that is the case even more so now than a year ago when the Bill was first brought forward. More families are now struggling in my constituency and across the country. I know the cost of school uniform myself, as my eldest child started school in 2002 and my youngest is in school for another four years. That has been a lot of years of buying uniform.

In my constituency of Putney, there is an increased need for more affordable school uniforms as we approach the dreaded time in September when people know they have to face that bill. There are now 4,335 people claiming benefits in Putney. That is a 46% increase on only a year ago, and a lot of those people are families. Wandsworth food bank provided 5,770 emergency food supplies to needy families in Wandsworth last year; that is the highest ever number, representing a 78% increase over the last five years. The majority of those people are families who also face this school uniform bill. There is a crucial need to bring forward this legislation as urgently as possible, and that is why amendment 2 has some merit. However, it does not need to be an amendment; the Minister can clear the issue up by telling us the timetable for the Bill in his remarks, to which I look forward.

In the time that I have been paying so much for school uniforms for my own family, I have seen the creeping number and cost of additional items that need to be bought for the uniform. I have seen the inconsistency between schools and school uniform policies, and the incremental use of “my uniform costs more than yours” as a proxy for better school standards and to attract students to some academies. When my youngest child went into year 7 a few years ago, his uniform bill was an eye-watering £468. I then had to top it up with another £200. In that school, the blazer costs between £95 and £115, and it is true that VAT is a component part. I should also say that my 14-year-old is 6 feet tall. I encourage the Minister to take the issue up with the Chancellor, but I do not think it needs to be addressed through amendment 5.

The sums I have mentioned are unaffordable for many families. I support school uniform guidance to ensure that there are fewer branded items and fewer exclusive suppliers that do not put affordability at the top of the list; that good quality, own-brand supermarket choices can be made; and that clothes swaps are easy. These points are mentioned in the amendments, but they can be put into the guidance and legislation; it does not have to be through the amendments.

This Bill is for that mum, who, when I was looking around a local school at an open day, sat down in front of me, looked at the school uniform list, shook her head, said to her son, “We can’t go here” and had to leave the open day. These are the choices being faced by families, and that is why we urgently need to bring in this legislation. The Bill is also for the families that I took on trips in the summer of 2019—when we could go on trips. I sat down with them and talked to the mums, who said they had not been able to afford to go on any other trips with their children that summer because they knew about the bill that was coming up in September. They said they were eating less during the summer months and having to make all their choices according to the fact that that bill was coming up in September. We have seen how quickly the Government can act during this time of covid. I urge them to act fast on this.

Amendment 16, which would mean that the guidance cannot be brought in for the next school year, is contradictory to the amendments that say we should be putting schools in the driving seat and that this should be up to schools. Schools should be able to decide whether they can introduce part or all of the guidance in the next school year, and they should be able to do so from September, when those big bills are looming and more families are struggling.

The Bill is also for governors and parents. It will put them back in the driving seat, able to challenge the school uniform bill. I support the amendments about promoting this guidance, because it needs to be known about. I hope that the legislation will receive Royal Assent very quickly, but parents and governors need to know about the guidance so they understand the powers they will have.

To conclude, as we consider amendments to this crucial Bill, I would like some assurances from the Minister. When—I am sure it is a case of “when”—the Bill is passed, will the guidance be agreed very soon, and will it be promoted to staff, governors and parents? Will branded items be kept to a minimum, and will there be some indication of what constitutes “a minimum” so that it does not just creep up again? Will parents be given a choice of where to buy uniform? How will the guidance ensure the transparency of single supplier agreements and competitiveness of tendering?

--- Later in debate ---

[Sir Christopher Chope]

I thank all those people who have participated in this debate, where we have had a good discussion about the Bill. I am glad to see that the hon. Member for Ilford North (Wes Streeting), on the Opposition Front Bench, is agreeing with that, although he did not make any reference in his short speech to any of the points I have made in support of the amendments.

My right hon. Friend the Minister is basically saying, “We are entering upon a period of reflection.” Or at least he is. May I suggest, with the greatest of respect, that there has been a very long period in which to reflect already? The Government first signposted the intention to deal with this issue in a statutory way in 2015. It was then the subject of various commitments given in the run-up to the last general election. Then we had the Second Reading and Committee stage—that was in September. My right hon. Friend said that he did not think we should wait for the statutory guidance before making further progress. I do not know whether he misunderstood or misheard what I was saying. I was making a suggestion about the draft statutory guidance. Obviously, if he is consulting about statutory guidance, he must be consulting on a draft of it. If that is the case, why are Members of this House not able to see that draft? In particular, why is he going to deprive Members of the other place of being able to see it? The normal conduct of proceedings in this House is that when statutory guidance is under consideration, the Government will, if at all possible, present the House with a draft of it. My right hon. Friend seems, in his own charming way—I am not charmed by this or misled, because I can see what he is trying to do—to be avoiding a situation in which there can be any debate about the draft statutory guidance. The very reasonable questions put during this debate, including by my new friend the hon. Member for Putney (Fleur Anderson), show that there is an importance of timing here; people need to have some certainty about the timing and intentions. Is the Minister planning for the statutory guidance to take effect in this coming academic year—yes or no? I may not like the answer he gives, but surely he can tell us what his intentions are, or is he still further reflecting upon it? How much more information does he need before he can reach a conclusion to his reflections?

The Minister grouped a whole lot of my amendments together. It is all very well for him to say that they relate to content and will be considered with the statutory guidance, but he is not prepared to stop teasing us about the timing and content of that statutory guidance. I am afraid that that makes me extremely disappointed, if not nervous, about what is being cooked up and will be sprung upon unsuspecting governors, parents and suppliers of school uniforms before we know what has happened. Perhaps we can come back to this on Third Reading, but the fact that the Minister is unwilling to expand at all upon those points is disappointing.

I also hoped the Minister would give an undertaking that, because of his commitment and the Government’s commitment to minimising the avoidable costs of school uniform, the Government would bring forward legislation to remove value added tax on school uniforms. That would be a really good move, and strong support for that proposition has emerged in this debate and on Second Reading. I hope that, as a result of that, when we get to the new Session of Parliament, someone who is successful in the private Members’ Bills ballot—perhaps with encouragement from the hon. Member for Weaver Vale (Mike Amesbury), if he is unsuccessful on the second occasion in the ballot—will take up the cudgels of a short Bill to remove VAT from school uniforms. I think that that would be an extremely popular Bill. I have been in the House for some time, and I have never had the opportunity of taking forward a Bill that was successful in the ballot, but if I were to be successful in the ballot, that might well be at the top of my priority list, because I think it would make a difference. Frankly, it would make a much bigger difference than what will be contained in this statutory guidance.

I am going to be blunt: I am disappointed with the Minister’s response, and I will leave it at that. In terms of the other contributions made in the debate, my hon. Friend the Member for Northampton South (Andrew Lewer) is somewhat of a national expert on this. He had a big feature in the Daily Express and perhaps other great organs, setting out his support for the Bill but also his concerns that we should not have unintended consequences flowing from it. His point about the need for availability, as well as durability, sustainability and ethical sourcing, was very well made. He also pointed out—again, the Minister did not respond to this—that, as a result of the covid nightmare, many suppliers of school uniforms have built up stocks that they will want to be able to use rather than have to put on the scrapheap. I am grateful for his contribution, and I am disappointed that the Minister did not specifically address it.

I am grateful to the hon. Member for Putney for supporting my views on the VAT issue. As she rightly said, there would be no need for amendment 2 if the Minister made a commitment at the Dispatch Box.

[Fleur Anderson]

indicated assent.

[Sir Christopher Chope]

She is nodding her head, but of course we did not get that commitment.

[Fleur Anderson]

indicated dissent.

[Sir Christopher Chope]

She is now shaking her head to agree that we did not get that commitment from the Dispatch Box. I do not know—she almost tempts me to say that we should divide the House on amendment 2. Perhaps she would like to join me in being a Teller if that is the situation.

[Fleur Anderson]

indicated dissent.

[Sir Christopher Chope]

She is shaking her head again. Perhaps we can come back to that issue when we discuss this matter further on Third Reading.

My hon. Friend the Member for Shipley (Philip Davies) gave a typically erudite analysis of the Bill. I am grateful for his support for my amendments and the amendments from my hon. Friend the Member for Wellingborough (Mr Bone). It was an exemplary performance by my hon. Friend the Member for Shipley, because he did not engage in tedious repetition, or any repetition, but highlighted the gaps I had left in the arguments I was putting forward in support of my amendments. If I had been able to speak at greater length on those amendments, I would have wished to include in my remarks the additional comments that my hon. Friend incorporated.

The extra added value that my hon. Friend brought to the debate was his experience as the chair of the former all-party parliamentary group for state boarding schools, and in that capacity he brought some expertise to bear as to why it is ridiculous to include within these provisions the special schools to which he referred. He also made a point that I had omitted from my opening remarks about the gap in the evidence relating to the actual costs of school uniforms at the moment. He said that the Children’s Society’s estimates were based on questionable evidence. I am not sure whether, given the position we are at in relation to the Bill, that makes too much difference. The Children’s Society says that the costs are higher than the Government say. The Minister reminded us that the costs of school uniforms, excluding PE gear, had fallen between 2007 and 2015, which shows that it is a pretty competitive market.

In so far as the Bill was justified on the basis of dubious material from the Children’s Society, I am disappointed, because to produce questionable evidence is to undermine the case. We know that there are people for whom the current cost of school uniforms are a significant burden, which is why there is so much support for the Bill, but it does not help anybody’s cause for the issue to be exaggerated and for the sums involved to be inflated. That is why it is all the more important—I am grateful to the Minister for saying that he is supportive of the idea—that we enable schools to be able to sell second-hand uniforms, thereby reducing the cost burden on pupils.

The hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) said that one child in 20 is sent home—I am not sure whether she was talking about schools in general or one particular school in her constituency—for not wearing the right uniform, or any uniform. She wanted constraints placed on the ability of schools to enforce school uniform policies. There is no point in having a school uniform policy unless it is consistently enforced. Ultimately, the final sanction that a school has for a pupil who does not comply with the school uniform requirements is to send them home, in the hope that they will return the following day properly dressed and equipped. As Dicey said, there is no point in having a command without a sanction, and that applies in this case, and that is my response to what the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) had to say.