Education (Guidance about Costs of School Uniforms) Bill

Nick Gibb Excerpts

2nd reading & 2nd reading: House of Commons
Friday 13th March 2020 Commons Chamber

[The Minister for School Standards (Nick Gibb)]

I congratulate the hon. Member for Weaver Vale (Mike Amesbury) on his success in the private Member’s Bill ballot and thank him for choosing the cost of school uniform as the subject of his Bill. School uniform has so many positive benefits for pupils and schools alike, and I, along with many of the House today, greatly value its contribution to school life. I am pleased that the Government are able to support his Bill and, indeed, to be working with him, so that families are financially reassured, not burdened, at back-to-school time.

As the hon. Gentleman stated, this Bill is not anti-school uniform—“far from it,” he said—because he remembers his time at a school without a school uniform in that fashion golden age of the late 1970s and early 1980s. He pointed out that a lack of school uniform highlights the difference between

“the haves and the have-nots”.

My hon. Friend the Member for Aylesbury (Rob Butler) cited pupils from William Harding School and St Edward’s Catholic Junior School in his constituency, who said that school uniforms stop children being judged on what they wear. He also went to a school that did not have a school uniform at the time and where the result was close to a “catwalk competition” that he claimed he never won, which frankly surprises me—[Laughter.] My hon. Friend the Member for Bolton West (Chris Green) raised the cost implications of dress-up day, which was an issue of particular concern at his old school: Hogwarts—[Laughter.]

We debated this issue just a few months ago in a Westminster Hall debate secured by the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy). Then, as now, our position is that school uniforms should be affordable and good value for families. I am particularly grateful to the hon. Member for Weaver Vale for choosing this topic, as it is a subject that crosses party lines and the Bill will positively improve the lives of families across this country. I support the way that the hon. Member constructed the Bill as a straightforward mechanism to put the non-statutory guidance on school uniform costs on to a statutory footing. I hope that that approach means it will progress quickly through the House.

[Neil O’Brien]

As we move from non-statutory to statutory guidance, is the Minister conscious that some of the issues touched upon in the current non-statutory guidance, such as religious freedom, cultural differences, parent voice and the governor’s responsibility to take into account reasonable requests for change, could become very politically contentious? They could drive a large number of cases on to his and his fellow Ministers’ desks. Is he sympathetic to my thought that we should be clear in new statutory guidance about the kinds of things that will still be the subject of local school freedom and local choice and not the decision of the man in Whitehall?

[Nick Gibb]

My hon. Friend raises an important point. Those issues are important and are all covered in the non-statutory guidance. The Bill does not seek to put those items on to a statutory basis; they will remain in the non-statutory guidance. The Bill seeks to put the cost elements—just the items relating to the costs of school uniform—into statutory guidance.

A school uniform is important. It helps to create a school’s identity. It fosters belonging and, with that, a sense of community. It can make background and family income less transparent, working instead to highlight commonality among pupils. It is a “social leveller”, in the words of my hon. Friend the Member for Northampton South (Andrew Lewer). For many pupils, wearing their uniform gives a sense of pride. As the hon. Member for Vauxhall (Florence Eshalomi) emphasised, that is a key objective of a school uniform. When pupils represent their school at events or competitions, their uniform plays an important part in creating a team spirit.

The Government encourage schools to have a school uniform because of how it can contribute to the ethos of a school and help them set an appropriate tone, supporting good behaviour and discipline. My hon. Friend the Member for Blackpool South (Scott Benton) cited a school in his constituency that saw a marked improvement in academic standards following the introduction of a zero-tolerance policy on school uniform. That is why affordable uniforms are so important. School uniforms are also important in teaching children how to dress professionally, as pointed out in the tour de force of my hon. Friend the Member for Witney (Robert Courts). For many schools, a school uniform can be a reflection of the school’s history or the history of the local area, and it is right that schools are able to continue to honour tradition in that way and preserve their long-standing identity.

The Government also believe that it is right for the responsibility for setting school uniform policy to rest with the governing body of a school, or the academy trust in the case of academies. It is for schools to decide whether there should be a school uniform and, if so, what it should be and how it should be sourced. The Bill upholds and protects schools’ decision making in those areas. It upholds all the freedoms that are so important to the Government and to my hon. Friends the Members for Witney and for Harborough (Neil O’Brien).

In an increasingly autonomous school system, it is right for schools to make those decisions, but in doing so, it is essential that they consider value for money for parents. Issuing statutory guidance will enable schools to take decisions within a sensible framework that prioritises the issue of costs for families.

[Rob Butler]

Does my right hon. Friend agree that the Bill will also help those parents who have children in different schools and therefore do not benefit from the possibility of handing down a uniform from one sibling to another? The affordability that would result from the Bill would help those particular parents.

[Nick Gibb]

My hon. Friend raises an important point. No matter how much we try to have uniform swap exchanges, as I will come to, or, indeed, hand-me-downs, when there are different schools with different uniforms, inevitably parents will need to buy a new uniform, and in those circumstances we want to make sure that the costs are affordable for those families.

[Seema Malhotra]

I thank the Minister for his sympathy with the values of the Bill. Will he make a few remarks about how he will engage across the country as the Bill and the statutory guidance move forward? Will he reassure the House that teams in Whitehall will be gender-balanced? We have had three references to men in Whitehall today, but I think we all acknowledge that there are women involved in the work of Whitehall as well, and it is particularly important to give that message in the month of International Women’s Day.

--- Later in debate ---

[Nick Gibb]

If the hon. Lady turns her eyes to the civil service Box, she will see that six out of seven members are women, reflecting the gender balance that is prevalent in the Department for Education. She raises an important point about the statutory guidance, and we will be talking to schools, suppliers of uniforms and all the stakeholders about making statutory the guidance that has already been drafted.

We can all appreciate the positive impact that a school uniform can have on the sense of cohesion and community, but equally, we understand the financial burden that it can present, particularly for lower-income families. As my hon. Friend the Member for Dudley South (Mike Wood) said, a school uniform can often be less expensive than not wearing school uniform. In 2015, the Department commissioned the cost of school uniform survey, which showed that the average cost of a school uniform was £213 and that the average cost of most uniform items decreased between 2007 and 2015, once adjusted for inflation—a point referred to by my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake). More recently, the Schoolwear Association undertook a survey that found that the average cost of branded items for a child starting secondary school was £101 for both uniform and sportswear, and that the average annual spend per parent on branded items was between £35 and £45.

The Children’s Society has today released a report which found that parents said they spent on average around £315 on primary and £337 on secondary school uniforms per child. These reports may not all present the same picture of the cost of school uniforms for parents and will depend, as my hon. Friend the Member for Wantage (David Johnston) pointed out, on what is included in the survey. How many pairs of trousers, for example, are included in what parents buy for their children? However, I think we can all agree that the cost can have an impact, particularly on lower-income families, and that it is therefore crucial that school uniform costs are affordable. That is why this Bill is so important and why statutory guidance is needed.

Many schools have, in fact, already made efforts to support vulnerable families with the cost of school uniforms, whether through pupil premium grants or through second-hand uniform schemes such as the school uniform exchange in Barnsley, as pointed out by the hon. Member for Barnsley East (Stephanie Peacock). I would like to see every school finding a way to make second-hand uniforms available. My younger brother, who you know, Mr Speaker, had the advantage of wearing my hand-me-downs on occasion, and it did not do him any harm.

My hon. Friend the Member for Bury North (James Daly) is right that schools should be able to help the poorest families with the costs of school uniform. This Bill sends a clear signal to schools that the costs of the school uniform must not be a barrier to parents choosing a particular school for their child or for a child attending a particular school. School uniforms must not be unreasonably priced, and schools must not disregard the importance of achieving value for money for parents. We will be producing statutory guidance on the cost aspects of school uniforms that makes it clear to both parents and schools that uniforms must be affordable and value for money. We will be engaging, as I have said, with key stakeholders to understand their views as statutory guidance on uniform costs is drafted.

[Sam Tarry]

One school in Ilford South has written to me of their concerns about items that are not strictly part of the school uniform—for example, hairbands that have to be black or the overcoats that the girls wear to school. I wonder whether the guidance that is being prepared could include some flexibility, so that schools cannot specify things that are not school uniform and therefore increase the financial burden on parents.

[Nick Gibb]

The non-statutory guidance says that branded items should be kept to a minimum, and we support that view. On issues such as hairbands, I would ask the hon. Gentleman to visit the Thomas Jones school in Saint Mark’s road in west London, which has very strict guidance for pupils on issues such as hairbands and other things—small things, such as not having dangly keyrings hanging from their school bags. The consequence is that pupils there are very smart, despite the fact that many of them come from disadvantaged backgrounds. It does create a sense of community, a sense of work ethic and a sense of equality among children from different financial backgrounds. Issues such as hairbands can, sometimes, be more important than the hon. Gentleman might think.

[James Cartlidge]

I endorse the point my hon. Friend is making. When I was at secondary school, we were not allowed to wear white socks. Obviously, I am not talking about games. I am talking about the socks that children wear with their school uniform and school shoes. Aside from the fact that they look terrible, does he agree that there is no financial implication of requiring children to wear socks of a certain colour? It just looks smarter and more in keeping with the style of the school.

[Nick Gibb]

I bow to my hon. Friend’s experience of fashion as to whether they look good or not. He is right that just requiring a certain colour of sock, or indeed a hairband, does not necessarily add to the costs for the parents, but it does send a clear message that the school has very high standards of dress and appearance, and that can have an impact on academic standards and the work ethic of a school.

A number of hon. Members have raised issues that relate to the contents of the statutory guidance, and the starting point for that guidance will, as I have said, be the existing non-statutory guidance on school uniforms, but there are two particular issues that I wish to address. The first is branded items. Of course, it is understandable that schools will often want to have branded items of uniform that are specific to their schools, such as a branded blazer or a particular tie, and, at present, the Department’s guidance advises schools to keep such branded items of uniform to a minimum, because multiple branded items can significantly increase costs. Although the Government believe that that is the right approach, we do not want to ban branded items altogether. Branded items such as a blazer of a particular colour or style may well be part and parcel of a school’s history or ethos and may not be available, for example, from a supermarket.

The second issue is single suppliers. The Department’s guidance already recommends that schools avoid exclusive single-supply contracts unless a regular competitive tendering process is run to secure best value for parents. Again, the Government believe that this approach provides the right balance to secure open and transparent arrangements and good value for money. Competition is key to keeping costs down, as pointed out in the speech of my hon. Friend the Member for Thirsk and Malton.

[Neil O'Brien]

I am grateful to the Minister for giving so much of his time. Does he agree that statute often casts a long shadow as people overreact to things? For example, I struggled greatly to sign up to my village newsletter because of people totally overinterpreting the general data protection regulation. Is the Minister sympathetic to my plea for a non-exhaustive list of things that definitely are allowed? Many schools will think, “Oh, gosh, what does this guidance mean? We had better not do this and not do that, because the guidance might say this.” People can be very panicky. Will he please lengthen the non-exhaustive list of things that are definitely allowed?

[Nick Gibb]

I take on board my hon. Friend’s important point.

For the supply of certain bespoke items, which form part of a school’s uniform, single-supplier contracts can have value. It ensures year-round supply; it allows the supplier to provide a full range of sizes, not just the popular sizes; and it secures economies of scale, so I do not believe that we should ban those arrangements. None the less, we want them to be transparent and competitive.

My hon. Friends the Members for Cities of London and Westminster (Nickie Aiken) and for Northampton South, as well as the hon. Member for Feltham and Heston (Seema Malhotra), raised the issue of the quality and availability of school uniform, which is something that a single supplier from a specialist school uniform retailer will be able to deliver.

We trust headteachers to take the right decisions on these issues, and once the statutory guidance is issued, to abide by it. Where that does not happen and parents have a legitimate grievance, however, there must be an enforcement mechanism. As now, if parents have concerns that their school’s uniform is too expensive, they should raise that with the school and, where issues cannot be resolved locally at the school level, parents may raise it with the Department for Education. Were a school to be considered to be acting unreasonably on the cost of its school uniform, the Bill would enable the Department to act. In extreme cases, the Secretary of State could issue a direction to a maintained school under sections 496 and 497 of the Education Act 1996 to comply with the guidance.

In the case of academies, a provision in the funding agreement states that an

“Academy Trust must comply with…any legislation or legal requirement that applies to academies”.

That means that the duty to have regard to statutory guidance can be enforced using the Department’s enforcement powers under the funding agreement.

School uniforms play a vital role in school communities and are deeply valued by parents and pupils alike. We want uniforms to continue to be held in positive esteem by families, so that the benefits outweigh the costs for families. The Bill ensures that families will not have to worry about an excessively priced school blazer or forgo sending their child to a school for fear of an expensive PE kit. Fundamentally, we want to secure the best value for families and to do so by introducing statutory guidance. The Government support the Bill, and I urge Members of the House to support its Second Reading.

Education (Guidance about Costs of School Uniforms) Bill (First sitting)

Nick Gibb Excerpts

Committee stage & Committee Debate: House of Commons
Wednesday 16th September 2020 Public Bill Committees

[Margaret Greenwood (Wirral West) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Nokes. I pay tribute to the work of my hon. Friend the Member for Weaver Vale for his work on the Bill, and I congratulate him on the success he has had with it thus far. The Bill had its First reading on 5 March and passed its Second Reading on 13 March without a Division. Current guidance on school uniform for governing bodies, school leaders, school staff and local authorities was published in September 2013 and is non-statutory. Consequently, there are currently no binding rules on school uniforms in England.

The Bill would impose a statutory duty on the Secretary of State to issue guidance to the appropriate authorities of relevant schools in England on the costs aspects of school uniform policies. It would ensure that the appropriate authority of a relevant school must have regard to guidance issued by the Secretary of State when developing and implementing a school uniform policy for a school.

The Opposition support the Bill and have long talked about poverty-proofing schools. Indeed, tackling the cost of school uniforms is one of the ways we feel that that can be achieved. It is pleasing, too, that the Government support the Bill, and I am encouraged that the schools Minister has talked about how the Bill

“will positively improve the lives of families across this country.”––[Official Report, 13 March 2020; Vol. 673, c. 584.]

Research shows not only the high cost of school uniforms, but the vastly increased cost of school uniforms over the past few years. For example, research by the Department for Education in 2015 showed that the average total expenditure on school uniform for the 2014-15 school year up to the end of February 2015 was £212.88. Parents responding to a Children’s Society survey in March this year said that they spent an average of around £337 on secondary school uniform each year. Parents of primary school children say that they are now paying as much as £315 a child per year. With that in mind, families with three children could be paying around £1,000 a year just to send them to school in the right uniform.

It is deeply concerning that high uniform costs are putting additional strain on family finances. The Children’s Society says that 13% of families reported that they had cut back on food and other essentials because of the cost of uniforms. The impact is even greater for low-income families, with 23% saying that they had to cut back. That is a wholly unacceptable state of affairs.

The Children’s Society further noted that children had been bullied, felt left out or even been excluded from schools for wearing incorrect uniform.

On Second Reading, the Minister said that the Government will be producing statutory guidance on the cost aspect of school uniforms that makes it clear to both parents and schools that uniforms must be affordable and value for money. Can the Minister set out what specifically he considers to be the cost aspect of uniform policy? Will he ensure that parents are able to exercise choice when it comes to deciding where to buy uniforms for their children? Will it address the issue of transparency of single-supplier arrangements?

The non-statutory guidance states:

“Exclusive single supplier contracts should be avoided unless regular tendering competitions are run where more than one supplier can compete for the contract and where best value for parents is secured.”

How will that issue be dealt with in the new guidance?

Will the guidance address the issue of branding and school logos? The current non-statutory guidance states:

“Schools should keep compulsory branded items to a minimum and avoid specifying expensive items of uniform.”

Does the Minister believe that goes far enough?

The Minister said on Second Reading that the Government

“will be engaging…with key stakeholders to understand their views as statutory guidance on uniform costs is drafted.”—[Official Report, 13 March 2020; Vol. 673, c. 586.]

Which key stakeholders will the Government engage with and when will this engagement take place? Will draft guidance be developed and published before the Bill completes its passage through the House of Commons? What will happen if schools do not comply with the new statutory guidance once it has been published? Can the Minister assure the Committee that guidance will be specific and clear, so that those that it applies to are left in no doubt about their obligations?

Schools play a vital part in local communities, and many already provide help and support to families to signpost them to agencies where they can get financial and practical support. Will the Minister ensure that the new guidance contains the requirement for schools to regularly make information available on local grants and other schemes available to help families with the cost of uniform?

[The Minister for School Standards (Nick Gibb)]

It is a pleasure to serve for the first time under your careful chairing of the Committee, Ms Nokes. I congratulate the hon. Member for Weaver Vale on introducing the Bill and on its progression to this stage. It is not a small achievement to get a private Member’s Bill to Committee, and I look forward to continuing to work with him on this important issue.

School uniforms are important. Since 2013 we have published guidance encouraging schools to have a uniform because it plays a valuable role in the ethos of the school, instilling a sense of a belonging and setting an appropriate tone for education. As my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) has said elsewhere, uniform is a leveller between pupils, ensuring that families do not face pressures to buy expensive clothing—the morning fashion show, as my hon. Friend the Member for Cities of London and Westminster so aptly put it. Uniform helps to deliver routine and structure. As the hon. Member for Weaver Vale said, it moves away from an obsession with the latest trends and fads in fashion. These are all good points about why we believe school uniform is important.

The Government are committed to making uniform affordable. The existing school uniform guidance covers a wide range of issues, one of which is cost. It makes it clear that no school uniform should be so expensive as to leave pupils or their families feeling unable to apply to or attend a school of their choice due to the cost of the uniform. I was taken by the point made by the hon. Member for Putney about the parent she met who was not applying to a school because of concerns over the cost of the uniform.

We welcome the opportunity, through the Bill, to put the cost aspects of the guidance on to a statutory footing. This is a simple Bill that is wholly supportive of school uniform and the many positive benefits that it brings to a school community. As the hon. Member for Weaver Vale said, he is “decidedly pro school uniform” and so is this Bill. It places a duty on the Secretary of State to issue statutory guidance on the cost aspects of school uniform to which the appropriate authorities of relevant schools in England must have regard when developing and implementing their school uniform policy, and it allows the Secretary of State to revise this guidance from time to time. This is absolutely the right way to establish a statutory underpinning to the guidance, which emphasises the vital importance of cost considerations while empowering schools to make decisions that work for their parents and pupils, with the flexibility for schools to respond to local issues as needed. It underlines that school-level decisions should be taken by school leaders and school governing bodies, informed by a dialogue with parents and pupils.

I know that some members of the Committee are keen to know the Government’s intentions for the statutory guidance that will be issued under the provisions of the Bill. Our non-statutory guidance is clear on three points: first, school uniform should be easily available for parents to purchase; secondly, schools should keep compulsory branded items to a minimum; and thirdly, exclusive single-supplier contracts should be avoided unless regular tendering competitions are run where more than one supplier can compete for the contract and where best value for parents can be secured. The starting point for the statutory guidance on the cost aspects of school uniform will therefore be the cost elements of the existing non-statutory guidance.

The hon. Member for Weaver Vale advocated applying a set limit to the number of branded items that a school may include in its policy. The current guidance is clear that schools should keep the number of branded items to a minimum. The Government believe that that sets a clear expectation that allows schools to take sensible decisions in their own contexts, but I do not consider setting a specific limit to be the best approach.

[Mike Amesbury]

I said on Second Reading and today that I welcome the fact that the current voluntary guidance talks about a “minimum” amount of branding, but what is a minimum? How do we define it, given some of the practices that are happening up and down the country as we speak?

[Nick Gibb]

The hon. Member makes a very good point. I will come to enforcement in a moment, and to the concerns that parents might have if they feel that the school has not implemented the guidance, as my hon. Friend the Member for Bury North mentioned, but I wish also to refer to the argument about setting a figure. My hon. Friend the Member for Northampton South (Andrew Lewer) wrote in the Daily Express in June that setting such inflexible limits on branded items might

“force schools to cut back…on distinctive, branded items such as striped blazers and house colours etc.”,

which are an important part of the ethos of a school. He fears that setting a specific number of items might well drive out school uniform altogether.

There are many views about what constitutes a branded item, from a garment with an emblem printed or embroidered on it or a plain garment on which a badge can be sewn, to a bespoke garment without any school emblem but where the style or design is nevertheless distinct to that school. As one headteacher said to me, it can also be important for maintaining behaviour standards in schools. The costs associated with different types of branded or bespoke items are very different, which is exactly what I want schools to take into account when they agree school uniform policies, rather than simply conforming to a limit on the number of branded items and potentially ignoring the impact of more expensive bespoke items.

I do not think it is the role of Government to set a numerical limit on the number of branded items in any school uniform. The principle should be that it is the role of Government and Parliament to set a framework and then to respect the autonomy of decision making at a local level. On a practical level, I do not think that such a limit would work. Would it apply to everyday wear for pupils or would there be separate limits for day wear and PE kit, for instance? What about bespoke items that do not include a school logo? How could they be sensibly and clearly defined for a hard numerical limit? For those reasons, a numerical limit is less practical and less likely to have the intended effect than a requirement to keep the number of branded and bespoke items to a minimum.

I do not believe that we should ban single-supplier arrangements for the supply of school uniform, but they should be transparent and competitive, securing best value for parents. On Second Reading, Members on both sides of the House provided a number of examples of such arrangements working for the benefit of both the school and parents. The Government are clear on the role of single suppliers. Often those are small and medium-sized businesses that play an important role in supporting schools and parents. They are the familiar face of school uniform on our high streets and should not be undervalued in that role.

--- Later in debate ---

[Mike Amesbury]

I think that that is key, really, in ensuring that there is competition and tenders are dealt with in a transparent, organised way. At the moment in far too many areas there has been a historical arrangement based on a nudge and a wink, which has driven up costs. Where there is a single-supplier arrangement, it is key that it should be subject to a tender arrangement.

[Nick Gibb]

I agree. To achieve best value the contracts need to be subject to effective competitive and transparent tendering. Indeed, that is why the current non-statutory guidance already recommends that schools avoid exclusive single-supplier contracts unless a regular competitive tendering process is run to secure best value for parents. There is an argument for considering whether more could be done to make it clearer for schools what effective competitive tendering means in practice.

My hon. Friend the Member for Bury North raised the issue of enforcement, and I want to address that. Where parents have concerns about a school’s uniform policy they should raise them with the school in the first instance, via its complaints procedures, which must be published on its website. If their concerns have not been addressed effectively through that process the parents can then raise them with the Department. We would seek to take a proportionate approach to any intervention, depending, of course, on the circumstances of the case.

[Fleur Anderson]

Would it be possible for the tendering process to have to be reported to the school governors? Many parents do not feel that they can make an internal complaint, because they feel it would come back on their children for some reason. Would the Minister consider a process enabling the parents to be kept out of it, but where it was necessary to report to the governors? That would enable the governors to look at the tendering process whenever it took place.

[Nick Gibb]

My understanding of schools’ complaints procedures is that they involve the chair of the governing body. I think that is the right approach in addressing cases where any school falls short of proper regard to the guidance.

Many schools offer a second-hand uniform shop to support parents, and a number of commendable local schemes were mentioned on Second Reading. Such schemes are excellent, both for affordability and in reducing clothes waste. I would like every school to find a way to make second-hand uniforms available. Of course, all such arrangements would need to be covid-secure. My parents certainly used a second-hand shop to buy my school rugby shirt, particularly as they knew it was unlikely to get much use.

The hon. Member for Wirral West, who spoke for the Opposition, raised the issue of engagement and consultation on the guidance. I want to make it clear that we will commit to engaging with representatives of schools and with parents and other interested parties when drafting the statutory guidance. That includes the request by the hon. Member for Putney, who raised the question of the Children’s Society. We will of course commit to talk to the Children’s Society.

The hon. Member for Weaver Vale called for the guidance to be implemented by September 2021. I can give him the assurance that the intention is to issue it as soon as practically possible after the Bill comes into force, notwithstanding the need to engage with the sector. We all want to see savings for families as soon as possible, but we need to make sure that we implement it in a way that does not have unintended consequences. No one wants hundreds of school uniform policies to change overnight with parents suddenly and unexpectedly required to buy whole new sets of uniform and uniform suppliers struggling to keep up. I do not therefore believe it would be helpful to include a fixed date by which the guidance will come into force, but I assure the hon. Gentleman that we will seek to consult on the statutory guidance informally with interested parties and publish it as soon as possible.

Uniform makes an important contribution to school life and should continue to do so. Providing schools with a balanced, pragmatic and flexible framework on cost considerations through the statutory guidance is the best way to achieve the changes we all want to see while protecting schools’ local decision-making. I welcome all hon. Members’ views expressed today, and I am confident from our discussions that we have the right foundations on which to progress the Bill. I commend the Bill to the Committee.

[Mike Amesbury]

I thank all members of the Committee. This morning shows Parliament at its best, with hon. Members working together constructively as we have throughout the Bill’s passage. I thank the Minister and his departmental officials for ensuring that I have had the support—in fact, that we have all had the support—to progress so far.

We are all change makers in the passage to ensure that the Bill becomes law, not just as legislators or MPs, or to put out on social media and all the rest of it, but for the people we represent, regardless of political party, in particular those hard-pressed children, families and carers. This simple and short Bill can make a significant difference.

I thank the Mirror Group and the Sunday People, which have been campaigning a damn sight longer than I have on this issue and others. I also thank the Children’s Society, which hon. Members have mentioned.

There have been some brilliant contributions to the debate. Wales has led the way, but I hope that we will go one step further. We will learn from the Welsh, but let us have even more informed legislation that will benefit children, families and schools.

Finally, I thank the children, families, schools, unions and the Schoolwear Association for their voices in shaping the Bill so far and ultimately in shaping the guidance. May that continue until the guidance comes to fruition.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Bill to be reported, without amendment.

Education (Guidance about Costs of School Uniforms) Bill

Nick Gibb Excerpts

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

[Wes Streeting (Ilford North) (Lab)]

We have had a very thorough debate on the amendments, which fall into two categories. The majority cover areas that really ought to be covered as part of the statutory guidance proposed in the Bill. I am sure that the Minister will have heard the contributions in that spirit and will take them into consideration when drawing up the Department’s statutory guidance.

Reasonable points have been made about the importance of consultation and the range of stakeholders who ought to be consulted, and the statutory guidance will be subject to consultation when such issues can be raised. As my hon. Friend the Member for Weaver Vale (Mike Amesbury) highlighted, at least one amendment would go against the entire thrust of the Bill and undermine the importance of having any statutory guidance at all.

The hon. Member for Shipley (Philip Davies) mentioned the response of my hon. Friend the Member for Weaver Vale to the amendments, and the degree of sympathy that he has for them. We all know that the passage of a private Member’s Bill into statute is a rare occasion, and particularly when a Bill is brought forward from the Opposition Benches, an inevitable degree of compromise is necessary. In that spirit Her Majesty’s official Opposition have no desire to undermine the huge amount of work that has taken place to get the Bill to this stage. I congratulate all members of the Committee on their work in scrutinising the Bill, and I pay tribute to the Minister and his officials for their work. They put a great deal of time and consideration into these matters, not just on Second Reading and in Committee, but also in discussions with my hon. Friend.

Sitting Fridays can do one of two things. They can be an advertisement for the House of Commons at its best, where Members work on a cross-party basis to solve common problems of interest to our constituents, or they can be an advertisement for the worst of our politics—the game playing, the filibustering, and the attempts to prevent things that have an obvious common-sense value and widespread support from getting into statute. I hope that today will be an advertisement for the good, and for the House of Commons at its best. I congratulate my hon. Friend the Member for Weaver Vale on his work. I am delighted to see him in his place, and I look forward to hearing from the Minister.

[The Minister for School Standards (Nick Gibb)]

I congratulate the hon. Member for Weaver Vale (Mike Amesbury) on successfully stewarding the Bill to Report and, I hope, shortly on to Third Reading. School uniforms are an important part of establishing an ethos and common identity in a school. They are a shared endeavour and a sense of belonging. School uniforms help to remove the inequalities caused by differences in the prosperity or disadvantage of a pupil’s family, and they help to ensure that schools are disciplined and safe places for students, where it is good to be ambitious, and admirable to be conscientious and hardworking.

For some families, the cost of purchasing school uniforms for growing children can be a financial worry. In 2015, the Government commissioned a cost of school uniforms survey, which found that, after adjusting for inflation and excluding the PE kit, the average cost of a school uniform had decreased since 2007 to £213. While two thirds of parents were happy with the cost of a school uniform and PE kit, nearly one fifth reported that they had suffered financial hardship because of having to buy school uniforms for their children. The Bill, which the Government wholeheartedly support, is designed to ensure that the costs of schools uniforms are reasonable, and that schools secure the best value for parents.

Amendments 1, 3, 4, 5 and 8 relate to the content of the statutory guidance to be issued under the Bill. It is important that such issues are considered in the statutory guidance rather than in primary legislation, as suggested by the amendments. That approach maintains a level of flexibility and responsiveness, so that over time, statutory guidance on uniform costs can be amended and improved. I welcome the way that the hon. Member for Weaver Vale has constructed the Bill.

On amendment 1, I agree with my hon. Friend the Member for Christchurch (Sir Christopher Chope) that every school should ensure that second-hand school uniform is available for parents to acquire. It is, however, important for this to be a matter for statutory guidance, rather than primary legislation, so we can get the details right and schools have some flexibility about how to do this.

On amendment 5, as we know, families already benefit from a zero rate of VAT on clothing designed for children under 14 years old. This is already a significant cost to the Exchequer, costing £2 billion each year in lost revenue. Expanding this to include a wider size of school uniforms would not specifically target low-income families. HMRC already provides guidance on this matter in VAT notice 714. However, my hon. Friend is right to point out that, having left the European Union, we are now free to make these changes if we wish, and I am sure the Chancellor of Exchequer will have heard his comments.

On amendment 8, we want to see schools providing clear information to parents about their uniform policies, but we consider that this is a matter for the statutory guidance to enable us to ensure that these requirements are flexible and responsive, rather than placing a requirement to publish in the Bill. My hon. Friend raised the issue of schools that do not have a school uniform policy. The current non-statutory guidance says:

“The Department strongly encourages schools to have a uniform as it can play a valuable role in contributing to the ethos of a school and setting an appropriate tone.”

That is in the current non-statutory guidance, so I will take my hon. Friend’s point in his speech as an exhortation to include that sentence or something similar in the statutory guidance, which we continue to work on.

On amendment 6, the crux of the phrasing in the Bill—“must have regard to”—is that schools must comply with the guidance unless they have a good reason for departing from it. Put simply, it means that schools cannot ignore this guidance. This amendment would in effect mean that schools would be able to disregard the guidance whenever they wished, which is the opposite of the intention behind the principal tenet of the Bill.

On amendment 7, it is important that the principles that will be set out in the statutory guidance on the costs aspects of uniform are considered by schools when they are developing or changing their uniform policies so that they are embedded right from the start. This amendment would mean that schools would not have to have regard to key factors that Members have raised as being crucial to the cost of a uniform when developing such a policy. This would severely undermine the reasons for introducing statutory guidance, as it would in effect mean that the application of the guidance would be limited and unlikely to be effective in keeping costs down.

On amendment 9, the Government will want to update the guidance as and when necessary, and as circumstances require it. The Government want the new statutory guidance to have time to bed in once issued and would not want to be looking to make arbitrary or unnecessary changes, but placing arbitrary restrictions on the Government’s ability to make changes to the guidance, even if schools were to make it clear that revisions would be welcome, would prevent us from being responsive to the needs of parents and schools, and risk schools being required to have regard to guidance that was out of date.

Amendments 10 to 14 seek to disapply certain types of school from the Bill. There is no good reason to treat these schools differently. For example, not all special schools and alternative provision schools have a school uniform, and that is appropriate. However, for those that do, it is important that this Bill applies to them, as well as to mainstream schools, to ensure that they also consider value for money for parents when setting their policy.

On amendment 15, I do not consider it appropriate to list selected external bodies to be consulted in primary legislation, but as I said in Committee, I am committed to engaging with representatives of schools, parents and other interested parties as we draft the statutory guidance.

On amendment 2, we are progressing well with the changes to the draft statutory guidance. We will reflect on the comments made during this debate and the debates in Committee as the Bill progresses through this House as we draft the statutory guidance. That includes the comments made by all hon. Members, including the hon. Member for Putney (Fleur Anderson) and my hon. Friend the Member for Shipley (Philip Davies), as well as, of course, my hon. Friend the Member for Christchurch and other hon. Friends and hon. Members who have spoken in this debate.

[Sir Christopher Chope]

What my right hon. Friend has said is delightfully vague. Why can he not be more specific? Who is controlling him? Surely he is in charge of his Department and can tell us when this statutory guidance will be issued—or perhaps even issued in draft. I am sure that Members in the other place would like to have a draft of the statutory guidance before them so that they can consider these issues. He has said that many of my amendments should be incorporated in the statutory guidance, so let us see the statutory guidance.

[Nick Gibb]

If my hon. Friend will forgive me, I said that I would reflect on the comments he has made in this debate. Of course, all comments made during the passage of this Bill will be taken into account as we consider the drafting of this statutory guidance. I will be consulting, as I have been, interested parties to this debate. What I do not want to do is delay the passage of the Bill through the other place while we wait for the statutory guidance to be finalised. It is important that we get the Bill on to the statute book before the Session ends. Given all that I have said in response to the amendments, I hope that my hon. Friend will not wish to press his amendments to a Division.

[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.

--- Later in debate ---

[Nick Gibb]

May I once again congratulate the hon. Member for Weaver Vale (Mike Amesbury) on progressing his private Member’s Bill to this stage? I look forward to continuing to work with him on this important issue. I thank all Members who have contributed to the debate, including my hon. Friends the Members for Christchurch (Sir Christopher Chope), for Shipley (Philip Davies), for Berwickshire, Roxburgh and Selkirk (John Lamont) and for Northampton South (Andrew Lewer).

[Sir Christopher Chope]

On a point of order, Madam Deputy Speaker. I did not rise in my place to speak on Third Reading because I understood that, as I was on the call list, I would be called, but the Minister is after me on the call list.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Well, that is an interesting point of order. I must say to the hon. Gentleman that the order of the call list is a matter for me. Yes, things are written down and these are unusual proceedings, but the order in which Members are called to speak is still a matter for the Chair. He will of course have his turn in due course.

[Nick Gibb]

I also thank the hon. Members for Putney (Fleur Anderson) and for Kingston upon Hull West and Hessle (Emma Hardy).

Uniform helps to promote the ethos of a school and set an appropriate tone. Moreover, by creating a common identity among pupils, a school uniform can act as a social leveller. The Bill will protect and reinforce that role.

I know that many Members, including my hon. Friend the Member for Christchurch, will want to know the intended contents of the statutory guidance, so I will take this opportunity to set out briefly our proposed approach to the key issues raised in the debate. In developing and implementing their school uniform policy, schools should consider the total cost of all items of uniform or clothing that parents will need to provide while the pupil is at the school.

On the question of branded items, the current non-statutory guidance states that compulsory branded items should be kept to a minimum. We plan to keep that approach in the statutory guidance and, additionally, specify that their use should be limited to low-cost or long-lasting items. We will provide guidance about ways to reap the benefits of a branded item while also keeping costs low. The Government believe that this approach will set a clear expectation on schools not to overuse branded items, while allowing schools to take sensible decisions in their own contexts.

On sole-supplier arrangements, schools should be able to demonstrate that they have obtained best value for money in their supply arrangements, but we do not intend to ban sole-supplier contracts. To ensure that there is competition and transparency, we want schools to tender their school uniform contracts regularly—at least every five years. To support schools to carry out good tenders, we will provide information on the key areas to consider when tendering their uniform contracts. The Bill will not punish good suppliers; far from it. Their emphasis on quality and value for money will be rewarded as standards across the industry increase due to competition.

I believe that second-hand uniform can play a valuable role in keeping costs reasonable for all parents, and I know that many Members share that view. I would like every school to ensure that arrangements are in place to make second-hand school uniform available for parents to acquire. I myself had a second-hand rugby shirt at school, and I can confirm that when I grew out of it, after a few years, it remained in the same pristine condition it had been in when my parents purchased it.

[Sir Christopher Chope]

I will resist the temptation to comment on the Minister’s last point, but he has made an important statement about second-hand uniform. Will there be a requirement in the statutory guidance for schools to provide facilities for the sale and exchange of second-hand uniform?

[Nick Gibb]

The statutory guidance will of course refer to the importance of there being facilities for parents to be able to acquire second-hand uniform.



It is my intention to engage with representatives of schools, parents and other interested parties in drafting and finalising the statutory guidance. My hon. Friend the Member for Christchurch and the hon. Member for Putney asked about the timing of the implementation of the guidance. We want schools to implement changes in a timely and considered manner to ensure that they work effectively, but we would want to make sure that in doing so parents do not incur additional costs from sudden uniform changes. We will therefore set out clearly in the statutory guidance when we expect schools to implement the requirements. I can commit that schools will not be required to make sudden changes to their uniform policy for September 2021.

The Bill will help many families throughout the country who may struggle to afford a school uniform, so the Government support it, and I urge all Members of the House to support its Third Reading.