School hair bans probably illegal, says watchdog

As reported by the BBC, children with Afro-textured hair should not be prevented from wearing natural hairstyles at school, new guidance from Britain’s human-rights watchdog says

School bans on hairstyles such as braids and cornrows are likely to be unlawful if they do not give exemptions on racial grounds, the Equality and Human Rights Commission (EHRC) says.

The guidance will not affect government policy, but is intended to help stop hair-based discrimination in schools.

Ministers say they have issued advice.

Campaigners have long been calling for schools and workplaces to address hair-based discrimination, which covers a range, from describing someone’s hair as exotic to banning particular hairstyles.

It is an issue that affects people with Afro-textured hair disproportionately, according to the EHRC, which covers England, Scotland and Wales.

In 2020, it funded the legal case of a teenage girl who was repeatedly sent home from school because her Afro hair was not considered “of reasonable size and length”.

Ruby Williams received £8,500 in an out-of-court settlement after her family took legal action against The Urswick School in east London, which did not accept any liability.

The 20-year-old says she is relieved this new advice now exists.

“I still can’t believe what happened to me, but worse, I can’t believe some schools still think it is reasonable to police Afro hair – a huge part of our racial identity.

“I hope that this will prevent other children from experiencing what I did.”

In 2021, an All-Party Parliamentary Group wrote to the EHRC, calling for discrimination towards people with Afro-textured hair to be officially classified as racism.

Racism is illegal under the Equalities Act, but the parliamentary group also wants legislative changes to enable hair texture and hairstyles to become legally protected characteristics.

The EHRC has real-life examples and videos to help raise awareness among school leaders about indirect race discrimination.

“Discrimination based on hair can have serious and long-lasting consequences for victims and their families,” says Jackie Killeen, chief regulator at the EHRC.

“We want to put a stop to pupils being unfairly singled out for their appearance in schools.

“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.”

The Department for Education highlighted existing guidance it had issued to schools in England.

A spokesperson said: ‘Discrimination has no place in our schools or society and it is unlawful to discriminate against pupils on the grounds of race.

‘We provided guidance to schools last year to help them adhere to the Equality Act with regards to pupils’ appearance, including that leaders should be sensitive to the needs of different cultures, races and religions and act reasonably in accommodating these needs.’