Question to the Department for Education:

To ask His Majesty's Government what powers the Secretary of State has to direct a voluntary aided school to withdraw a uniform policy that discriminates on grounds of sex or religion.

School leaders, including those of faith schools, are responsible for making decisions on the uniform requirements for their school. Where schools have faith-based policies, the department expects that those policies are clearly communicated, applied fairly and compliant with the Equality Act.

The department has published the non-statutory guidance ‘Developing school uniform policy’, which sets out schools’ obligations under the Human Rights Act 1998 and the Equality Act 2010, as well as general equality and discrimination considerations.

It is for individual schools to ensure that their uniform policy does not unlawfully discriminate.

Our guidance is clear that schools should aim for their uniform policy to be as inclusive as possible so that all pupils are able to wear the uniform. They should engage with parents and pupils when developing the policy.

Concerns about a school’s uniform policy should be raised with the school through its complaints process. Unresolved concerns relating to equalities law can be referred to the Equality and Human Rights Commission, which can take regulatory action against organisations that have broken the law. Concerns about compliance with the department’s statutory guidance on uniform can be referred to the Secretary of State, who has powers to intervene under sections 496 and 497 of the Education Act 1996.​

The department does not routinely gather data on individual schools’ uniform policies, including on schools requiring articles of religious clothing, and has no plans to do so.