This measure creates a limit of three on the number of branded items of school uniform and PE kit that primary schools can require pupils to have (i.e. compulsory uniform items) over the course of the school year.
Secondary schools and middle schools will be allowed to require an additional compulsory branded uniform item, so long as one of the branded items they require is a tie. In effect this means secondary schools and middle schools have a limit of four compulsory branded items where a tie is listed as one of the required branded items.
Where schools choose to have a uniform, they must have regard to the statutory cost of school uniforms guidance (published in 2021) which was designed to ensure the cost of school uniforms is reasonable and secures the best value for money. It states that schools should ensure their uniform is affordable.
It is to be noted that the proposed legislation does not restrict the ability of schools to make optional branded uniform items available for parents to buy. It just places a limit on the number of branded uniform and PE kit items they can require as compulsory items.
The definition of branded items includes items with a school name or logo on or attached to it (including items where sew on badges are used – whether by manufacturers or by parents sewing them onto a generic item of clothing) – and items that have a nonstandard design, for example a blazer with coloured piping, which means it is only available from a small number of suppliers.
The limit will apply to all clothing items listed as compulsory in the school’s uniform policy and perhaps surprisingly will include any bags (such as bookbags or rucksacks) and footwear required.
The limit covers the total uniform that pupils are required to have over the school year and includes any items that may only be worn for part of the year (for example, summer dresses). This means that a secondary school pupil could not be required to have, for example, a branded skirt for the winter and a branded dress for the summer where they are also required to buy a branded blazer, tie and PE top because the total number of branded items required for the school year would be five.
It is expected that the limit will come into force in September 2026, in time for the 2026/27 school year and to give time for schools to make the necessary changes to their uniform policies and renegotiate contracts with uniform suppliers as may be required. This would mean that from September 2026 parents would only be expected to provide a maximum of three items of branded uniform and PE kit for their child (or a maximum of four items for any child in secondary school or middle school if one of those items is a tie).
The narrative produced by the DfE to the Bill suggests that any concerns about a school’s uniform policy should be raised with the school in the first instance, via the school’s published complaints procedure where necessary, and then if, having completed the school’s complaints process, a parent is not satisfied, they can make a complaint to the DfE who will be able to act where it is found that a school has not complied with the limit.
The above analysis relates to Children’s Wellbeing and Schools Bill which has not yet become law and may be subject to change as it passes through Parliament. We will be posting updates to this page if there are any key developments but the above may not reflect the latest changes to the legislation. Please contact our School Support (schoolsupport@wslaw.co.uk) or Schools HR (schoolshr@wslaw.co.uk) teams if you require an update on the latest status of the Bill.