Uniform Choice for Girls
Donation protected
Wearing the trousers … and the skirts:
A legal fund to challenge discriminatory school uniforms policy for girls in England.
The Equality Act 2010 makes it unlawful for a public authority to discriminate against a student on the ground of the student’s sex. Discrimination is defined as occurring when a person treats someone less favourably than they would treat a person of a different sex.
Yet, in 21st century England, in a good proportion of schools, girls are still being forced to wear a skirt or a dress through the uniform policy, just because they are girls. And yet in other schools (mainly secondary), a trousers-only rule for girls is being introduced to address the issue of indecency or to move to a one-style-fits-all uniform to be more inclusive of transgender students (https://www.thetimes.co.uk/article/schoolgirls-face-ban-on-skirts-kxr7jcwqq). It is apparent that schools require clear and robust guidance from the Department for Education to ensure that a fair and equal approach is being taken. Uniform policies for girls do not have to be about trousers versus skirts. The uniform policies should give girls equality in uniform choice and clearly state their right to wear what they are most comfortable with.
Why is this case important?
Schools imposing rigid school uniforms policies (i.e. banning trousers for girls or vice versa), without flexibility on gender grounds, have not till now, been challenged in courts.
Furthermore, whilst the Department for Education’s Equality Guidance specifically states that its purpose is to “help schools to understand how the Equality Act affects them and how to fulfil their duties under the Act” (page 5 of The Equality Act 2010 and Schools), it unfortunately fails to make clear that inflexible school uniform policies that do not allow girls to wear trousers or shorts like their male counterparts or which enforce compulsory trousers-only rules on girls, are unlawful.
This case will enable the courts in England to look into the lawfulness of such policies. At present each parent facing this problem is fighting a single battle with his/her school. This case will deal with the root of the problem once and for all.
This crowdfunding action will enable the first legal challenge to the Department for Education (which so far has refused to update the guidance or to even acknowledge the issue), requiring it to provide adequate guidance to accord with the Equality Act 2010 and the Human Rights Act 1998, as the current Guidance is defective.
All girls in the UK have the right to receive an education which is free from discrimination. It is part of a constitutional right. The European Court of Human Rights (ECtHR) takes a broad view of what constitutes education. In Campbell and Cosans v The United Kingdom (1982) the ECtHR pointed out that “the education of children is the whole process whereby, in any society, adults endeavour to transmit their beliefs, culture and other values to the young”. (§ 33)
The Department for Education in Queensland just provided adequate Guidance for their schools (https://www.theguardian.com/australia-news/2018/jul/15/queensland-girls-allowed-to-wear-shorts-or-pants-at-state-schools-from-2019).
Why is England behind? It is high time, that equality values and law is reflected in school uniform policies. We can make discrimination a thing of the past. This is our opportunity. The public impact of this case will benefit girls and parents nationwide.
My story
Every day, for nearly three years, I was asked the same question by my daughter, whilst wiping away the tears on her face: “If boys and teachers can wear trousers, why can’t I?”. Her school had a no trousers/shorts policy for girls.
And in all my heart, I could not find an even vaguely reasonable answer to give her. She, a little five, six and seven years old girl, was unmasking the bitter truth about the gender stereotyping and sexism happening around her with the innocence of which only a child is capable.
I wrote to the School Governors asking for a change in the inflexible policy allowing only skirts and dresses for girls. Sadly, I was met with resistance and with the promise of a consultation among the other parents, as they felt that the issue of whether or not girls could wear trousers had to be decided upon by the whole school community. Clearly the school did not see this as a matter of law, but as a matter of opinion. I patiently waited for two years for something to change but no consultation was undertaken and nothing happened.
Eventually I sought legal advice from a team of barristers, joined later by solicitors, who assisted me during Pre-action correspondence in preparation for a legal action against the school. In response, the school finally undertook its consultation and the policy was at last updated allowing the option of trousers and shorts for girls with immediate effect.
In my opinion, the school acted in that way because it lacked proper guidance. It cost me and my family, my daughter in particular, years of distress and frustration.
I do not wish for any child or their families to suffer the same and it is my aim that no one again will have to go through what my daughter went through, whether they want to wear trousers or skirts. It is high time therefore that the Department for Education's Guidance to Schools is scrutinised against the Equality and Human Rights standards of primary legislation.
I came across this inspiring remark from Mary Barry, former CEO of Our Watch (the Australian national organisation to prevent violence against women and their children) who wrote in The Sydney Morning Herald on March 28, 2017 about the issue: "Continuing to enforce limiting clothing regulations on girls is one of many ways they are reminded of their unequal status. It is seemingly “small” issues like this that, taken together, create a broader landscape of gender inequality across our society. But we can change this, a refreshing new approach to uniforms is just one example of how small changes can have a big impact, helping to break down restrictive stereotypes and enabling all children to be free to discover the world without unnecessary barriers. What better place to start than in schools? And what better time than now?”
You can make a difference
Why is it that in 42 years of sex discrimination laws, the problem of lack of equality for girls in school uniforms continue? https://www.theguardian.com/commentisfree/2017/nov/03/sex-discrimination-schoolgirls-skirts-girls-trousers-equality-act-2010
Because there has not been case law, and nobody before challenged the Department for Education on its lack of proper guidance to schools.
Although this challenge is essentially a public interest case, an important matter like this cannot go to courts unless it is privately funded. The current legal aid system would not fund this case. In essence this means that only the destitute or the very rich can have access to courts in a case like this.
Unfortunately, as a family, we cannot bear the financial cost of a Judicial Review which is in the region of £58,000. However this case is giving us, as a society, an opportunity to change discriminatory policies in school uniforms for good to the benefit of all. Together we can do it and allow judges to state the law.
Our first stage is to raise £10,000 to start the process. We have already raised 1K of that.
Do you want to shape the law to the benefit of all? You can make a difference:
- Make a contribution towards the cost of the legal action. (I need you to chip in generously if we are to fund this challenge, please.)
- Please share this page as much as you can.
- Follow me on Twitter @UniformGirls (Uniform Choice for Girls) and on Facebook @UniformGirls (Uniform Choice for Girls)
Any contribution will be immensely appreciated. Are you a mother that has faced this problem with your daughter? Are you a father who faces the same? Together, we will be able to bring a positive change to society and move a step closer to gender equality.
A legal fund to challenge discriminatory school uniforms policy for girls in England.
The Equality Act 2010 makes it unlawful for a public authority to discriminate against a student on the ground of the student’s sex. Discrimination is defined as occurring when a person treats someone less favourably than they would treat a person of a different sex.
Yet, in 21st century England, in a good proportion of schools, girls are still being forced to wear a skirt or a dress through the uniform policy, just because they are girls. And yet in other schools (mainly secondary), a trousers-only rule for girls is being introduced to address the issue of indecency or to move to a one-style-fits-all uniform to be more inclusive of transgender students (https://www.thetimes.co.uk/article/schoolgirls-face-ban-on-skirts-kxr7jcwqq). It is apparent that schools require clear and robust guidance from the Department for Education to ensure that a fair and equal approach is being taken. Uniform policies for girls do not have to be about trousers versus skirts. The uniform policies should give girls equality in uniform choice and clearly state their right to wear what they are most comfortable with.
Why is this case important?
Schools imposing rigid school uniforms policies (i.e. banning trousers for girls or vice versa), without flexibility on gender grounds, have not till now, been challenged in courts.
Furthermore, whilst the Department for Education’s Equality Guidance specifically states that its purpose is to “help schools to understand how the Equality Act affects them and how to fulfil their duties under the Act” (page 5 of The Equality Act 2010 and Schools), it unfortunately fails to make clear that inflexible school uniform policies that do not allow girls to wear trousers or shorts like their male counterparts or which enforce compulsory trousers-only rules on girls, are unlawful.
This case will enable the courts in England to look into the lawfulness of such policies. At present each parent facing this problem is fighting a single battle with his/her school. This case will deal with the root of the problem once and for all.
This crowdfunding action will enable the first legal challenge to the Department for Education (which so far has refused to update the guidance or to even acknowledge the issue), requiring it to provide adequate guidance to accord with the Equality Act 2010 and the Human Rights Act 1998, as the current Guidance is defective.
All girls in the UK have the right to receive an education which is free from discrimination. It is part of a constitutional right. The European Court of Human Rights (ECtHR) takes a broad view of what constitutes education. In Campbell and Cosans v The United Kingdom (1982) the ECtHR pointed out that “the education of children is the whole process whereby, in any society, adults endeavour to transmit their beliefs, culture and other values to the young”. (§ 33)
The Department for Education in Queensland just provided adequate Guidance for their schools (https://www.theguardian.com/australia-news/2018/jul/15/queensland-girls-allowed-to-wear-shorts-or-pants-at-state-schools-from-2019).
Why is England behind? It is high time, that equality values and law is reflected in school uniform policies. We can make discrimination a thing of the past. This is our opportunity. The public impact of this case will benefit girls and parents nationwide.
My story
Every day, for nearly three years, I was asked the same question by my daughter, whilst wiping away the tears on her face: “If boys and teachers can wear trousers, why can’t I?”. Her school had a no trousers/shorts policy for girls.
And in all my heart, I could not find an even vaguely reasonable answer to give her. She, a little five, six and seven years old girl, was unmasking the bitter truth about the gender stereotyping and sexism happening around her with the innocence of which only a child is capable.
I wrote to the School Governors asking for a change in the inflexible policy allowing only skirts and dresses for girls. Sadly, I was met with resistance and with the promise of a consultation among the other parents, as they felt that the issue of whether or not girls could wear trousers had to be decided upon by the whole school community. Clearly the school did not see this as a matter of law, but as a matter of opinion. I patiently waited for two years for something to change but no consultation was undertaken and nothing happened.
Eventually I sought legal advice from a team of barristers, joined later by solicitors, who assisted me during Pre-action correspondence in preparation for a legal action against the school. In response, the school finally undertook its consultation and the policy was at last updated allowing the option of trousers and shorts for girls with immediate effect.
In my opinion, the school acted in that way because it lacked proper guidance. It cost me and my family, my daughter in particular, years of distress and frustration.
I do not wish for any child or their families to suffer the same and it is my aim that no one again will have to go through what my daughter went through, whether they want to wear trousers or skirts. It is high time therefore that the Department for Education's Guidance to Schools is scrutinised against the Equality and Human Rights standards of primary legislation.
I came across this inspiring remark from Mary Barry, former CEO of Our Watch (the Australian national organisation to prevent violence against women and their children) who wrote in The Sydney Morning Herald on March 28, 2017 about the issue: "Continuing to enforce limiting clothing regulations on girls is one of many ways they are reminded of their unequal status. It is seemingly “small” issues like this that, taken together, create a broader landscape of gender inequality across our society. But we can change this, a refreshing new approach to uniforms is just one example of how small changes can have a big impact, helping to break down restrictive stereotypes and enabling all children to be free to discover the world without unnecessary barriers. What better place to start than in schools? And what better time than now?”
You can make a difference
Why is it that in 42 years of sex discrimination laws, the problem of lack of equality for girls in school uniforms continue? https://www.theguardian.com/commentisfree/2017/nov/03/sex-discrimination-schoolgirls-skirts-girls-trousers-equality-act-2010
Because there has not been case law, and nobody before challenged the Department for Education on its lack of proper guidance to schools.
Although this challenge is essentially a public interest case, an important matter like this cannot go to courts unless it is privately funded. The current legal aid system would not fund this case. In essence this means that only the destitute or the very rich can have access to courts in a case like this.
Unfortunately, as a family, we cannot bear the financial cost of a Judicial Review which is in the region of £58,000. However this case is giving us, as a society, an opportunity to change discriminatory policies in school uniforms for good to the benefit of all. Together we can do it and allow judges to state the law.
Our first stage is to raise £10,000 to start the process. We have already raised 1K of that.
Do you want to shape the law to the benefit of all? You can make a difference:
- Make a contribution towards the cost of the legal action. (I need you to chip in generously if we are to fund this challenge, please.)
- Please share this page as much as you can.
- Follow me on Twitter @UniformGirls (Uniform Choice for Girls) and on Facebook @UniformGirls (Uniform Choice for Girls)
Any contribution will be immensely appreciated. Are you a mother that has faced this problem with your daughter? Are you a father who faces the same? Together, we will be able to bring a positive change to society and move a step closer to gender equality.
Organizer
Roberta Borsotti
Organizer
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