Law on uniform in light of the ‘purity ring’ case
October 2007
In this article...
Facts
Lydia Playfoot was a pupil at Millais school, a comprehensive secondary school in West Sussex (the “School”). The School’s uniform policy states that jewellery must not be worn by pupils with the only exceptions being where there were health and safety implications, where enforcing the policy would result in the breach of the pupil’s human rights or where there were exceptional and compelling grounds. The uniform policy was part of the Home-School Agreement signed by all pupils and their parents before attending the School.During her time at the School Lydia Playfoot wore a ‘purity’ ring as a symbol of her commitment to celibacy before marriage. The School required Lydia to remove the ring and Lydia subsequently sought permission to apply for a judicial review of the decision of the School on the basis that it was an infringement of her right under Article 9 of the Human Rights Act 1998 to manifest her belief or religion.
Findings
The Court found that the wearing of the ring was not intimately linked to the belief in chastity before marriage and Lydia was under no obligation by reason of her belief to wear the ring. The Court also held that the ring was not a religious artefact but only a piece of jewellery. On this basis Lydia’s human rights under Article 9 were not interfered with. The School took a different stance in other instances within the School where a Muslim pupil was allowed to wear a headscarf, two Sikh girls were allowed to wear a Kara bangle and a pupil was allowed to wear a form of dress required as part of her faith as a member of the Plymouth Brethren. In each of these cases the School decided that the garment was intimately linked to the individual’s religious belief.Furthermore, the Court held that Article 9 was not interfered with because Lydia and her parents had voluntarily accepted the uniform policy of the School where there were options to attend other schools.
Points to take from the case
There are two key points that emerge from the case and although the School is a comprehensive school the lessons that come out of the circumstances can apply equally to independent schools.
 |
article 9 only grants the right for individuals to express their beliefs in ways that are intimately linked with their beliefs and because the expression is an obligatory element of that belief. Schools should therefore give careful consideration to any pupil’s reasons for wanting to wear garments or items on religious grounds before either allowing or prohibiting it | |
|
|
it is important to make a school’s position on uniform very clear to prospective pupils and this should include suitable provisions within the school contract. A school’s uniform policy should be a reasonable one and allow for exceptions in appropriate circumstances |
We value your comments, please click here with your feedback/suggestions
Forward to a
colleague