Schools must “confirm as soon as possible” and consider legal advice on any uniform changes needed for a new cap on branded items, with parents able to escalate any disputes to government.
Labour’s schools bill will see branded items limited to three at primary schools and four at secondary, including a tie, from next September. The rules will apply to PE kit and clothes for after-school activities.
And today, the government has updated current guidance and published draft statutory guidance for schools to consider before the restrictions are rolled out.
Here’s what you need to know…
1. Confirm branded items ASAP
The draft guidance urges schools to take several steps before parents look to get their hands on uniform next summer.
These include reviewing uniform policies “to determine if they should remove any compulsory branded items to adhere to the limit, or if any other changes are required”.
Leaders should “confirm as soon as possible” which pieces of uniform will be compulsory. Other optional items can be specified, but they should be kept “to a minimum” and with “generic alternatives” permitted.
Revised policies should be “easily understood” and published on school websites.
2. Seek legal advice
Prior to the introduction of the limit, schools should examine “existing supply arrangements, seeking legal advice where necessary”.
As part of this, they have been told to “promptly discuss” any changes with suppliers “to give them appropriate notice and resolve any contractual implications”.
The Department for Education added leaders should “be aware that, to ensure the most cost-effective routes, suppliers plan production nine to twelve months in advance”.
Branded stock is usually ordered by December ahead of the following summer, with “most sales occurring in the weeks before the start of the autumn term”.
3. Sewed-on badges and bags count in branded cap
Government stressed leaders should consider how they “can maintain the benefits of a branded item while also keeping costs low”. Despite this, schools will not be prevented “from adopting different branded uniform requirements for different key stages”.
They should be aware, though, that if parents are asked “to sew badges onto generic items, those items will be considered to be branded items and will be captured within the limit”.
The cap will include “any branded bags … and any items required only at particular times of year, such as summer dresses”, DfE confirmed.
4. Signpost second-hand retailers
To help families, schools should inform them “of any requirements for generic alternatives”, such as “colour, shade, fabric or fit, ensuring sports leggings are opaque, or any requirements for logos”.
Parents should also be “made aware of where second-hand uniforms can be purchased, and that they make this facility available to all parents before the start of the new academic year”.
5. What about loaned or gifted uniform?
The draft guidance said any loaned or gifted uniform “will be captured within the limit if they are required to be worn”.
But schools will be able to continue to “lend, give out or make available for sale additional branded items”, as long as wearing them is optional.
They can also give or make available to borrow “free additional branded uniform items such as a netball or rugby kit for activities”. However, these youngsters should not be required to wear them to take part “unless these items count towards the limit”.
6. Government complaint route for schools breaking rules
Current guidance has also been tweaked. It now tells schools to “ensure non-uniform days are accessible to all pupils”.
They “should consider the impact on families on low incomes and their ability to fully take part” as this “can affect attendance”. Participation “should not be dependent on parents or pupils making a financial contribution” as well.
Parents will also have the chance to escalate disputes over uniform to the DfE.
Complainants can do so once they have “fully exhausted or been prevented from following the school’s full complaints process or is of the opinion that the school is not adhering to statutory guidance or education law”.
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