Pupils should not be stopped from wearing their hair in natural Afro styles at school, the Equality and Human Rights Commission (EHRC) has said in new guidance issued today.
Uniform and appearance policies that ban certain hairstyles, without the possibility for exceptions to be made on racial grounds, are likely to be unlawful.
Race is a protected characteristic under the 2010 Equality Act, which means a person must not be discriminated against because of their hair or hairstyle if it is associated with their race or ethnicity.
This includes natural Afro hairstyles, braids, cornrows, plaits and head coverings, amongst other styles.
The EHRC’s new resources – endorsed by World Afro Day and the All-Party Parliamentary Group for Race Equality in Education – will help school leaders ensure hair or hairstyle policies are not unlawfully discriminatory.
Court cases, research and the experience of stakeholders indicate that hair-based discrimination disproportionately affects girls and boys with Afro-textured hair or hairstyles. The Equality Advisory and Support Service, which provides free advice to the public on equality law, has received 50 calls since 2018 reporting potential cases of hair discrimination.
Discrimination can range from describing someone’s hairstyle as inappropriate or exotic through to outright bans on certain hairstyles and bullying. Many of those affected say that their schools lack understanding about Afro hair and the care it needs.
In 2020, the EHRC successfully funded the legal case of Ruby Williams who was repeatedly sent home from school because of her Afro hair.
The resources (published on Thursday October 27) include:
- guidance on stopping hair discrimination, with practical examples for schools on when a policy may be discriminatory, based on real-life experiences.
- a decision-making tool to help school leaders to draft and review their policies
- an animated video to raise awareness of indirect race discrimination in schools and what should be done to prevent it
Jackie Killeen, chief regulator at the EHRC, explained, “Discrimination based on hair can have serious and long-lasting consequences for victims and their families. As Britain’s equality regulator, we want to put a stop to pupils being unfairly singled out for their appearance in schools.
“That’s why, after working closely with experts and those directly affected, we are launching these practical resources to help school leaders understand the law in this area and prevent discrimination from happening.
“Every child deserves to be celebrated for who they are and to thrive in school without having to worry about changing their appearance to suit a potentially discriminatory policy.”
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