This article is part of our series of briefings on The Children’s Wellbeing and Schools Act.
In the run-up to the General Election, Labour pledged to "bring down the cost of school by limiting the number of branded items of uniform and PE kit that schools can require". The provisions in the Children's Wellbeing and Schools Act 2026 turn that promise into law.
The Act requires all schools to keep the number of compulsory branded items of uniform - including PE kit - to three or fewer. For secondary schools, four or fewer branded items are permitted if a tie is included.
Whilst the commencement date has not been formally confirmed, the requirement is expected to come into force on 1 September 2026. Related draft statutory guidance was published in October 2025 in readiness.
What counts as school uniform?
The Act defines what "school uniform" covers:
"a bag and any clothing required for school or for any lesson, club, activity or event facilitated by the school"
This goes beyond the typical school day: the definition includes branded items required for after-school or extracurricular activities facilitated by the school. If pupils have previously been required to purchase specific clothing for school-facilitated events, this will need to be reviewed. A school's football, rugby or hockey team, for example, all fall within the requirements.
Schools can still offer branded items for purchase, loan them or provide them to pupils - but those items cannot be a requirement for participation beyond the three or four branded items permitted in total.
Which activities are covered?
There are open questions about whether activities where the school is present but not formally leading - such as external sport or performing arts competitions - fall within the definition of "event facilitated by the school". Until there is further clarity, it's safer to assume that they do when assessing how many branded items are required. Scout or Cadet Forces are not included.
The Act also defines what counts as a "branded item". This goes beyond an item simply bearing the school logo or name. An item is classed as branded if:
"as a result of its colour, design, fabric or other distinctive characteristic, it is only available from particular suppliers"
The inclusion of colours and fabrics may seem broad, but it aligns with the government's position that schools should avoid selecting items only available from a specific or limited number of suppliers.
What schools need to consider
The Act's uniform provisions require schools to make clear choices about which items they want to be branded. Whilst the Act does not expressly address the price of branded items, the restrictions should go some way to reducing costs for parents.
The uniform guidance requires schools to publish their new uniform requirements this term, before the new school year, so that parents know what to expect and can prepare.
We've already advised several clients who have existing contractual arrangements with suppliers and, because of the time the Bill took to become law, those arrangements may now create difficulties. If you have concerns about existing contractual requirements, please seek legal advice.
Given that the purpose of this part of the Act is to reduce uniform costs for parents, there may be instances where existing and new pupils wear different uniforms for a period. The key point is that the three or four-item branded limit means further branded items cannot be compulsory - but there's nothing to stop them being offered as optional.
If you need help or advice on your uniform policy, please contact us.
Find out more about The Children’s Wellbeing and Schools Act
Contents
- Legal views on the Children's Wellbeing and Schools Act 2026
- Academies: Freedoms and intervention
- What does the Children's Wellbeing and Schools Act 2026 mean for admissions?
- Attendance and children not in school: What the Act means for schools and local authorities
- Free school breakfast clubs for primary pupils
- The Children's Wellbeing and Schools Act 2026: key changes for independent educational institutions
- How will the new Schools Bill address teacher misconduct?
- Establishing new schools under the Children's Wellbeing and Schools Act 2026
- The Children's Wellbeing and Schools Act 2026: changes to teachers' pay and conditions
Key contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000