Guidance on mobile phone use in schools to be updated: Legal comment
The Department for Education (DfE) has announced it will update guidance on the use of mobile phones in schools from next September.
Statutory guidance on how to implement a policy that prohibits the use of phones throughout the school day was initially published last summer, to be followed by schools and trusts from 1 September 2026.
The DfE said today it plans to strengthen this guidance to “take the next leap towards truly phone-free schools”.
Philip Wood, Partner in the education team at UK and Ireland law firm Browne Jacobson, said: “Under the existing guidance, many schools have allowed pupils to keep their phones in bags or pouches, with confiscations taking place where they are seen to be used.
“The DfE’s intervention to strengthen this guidance suggests this will no longer be deemed acceptable and schools will be expected to establish a strategy for storing phones throughout the day, such as in lockers or even in classroom safes as we’ve seen some trust clients deploy. However, this raises practical, financial and liability questions.
“Schools may suddenly become responsible for hundreds or thousands of phones every day, where there is potential for these items to be lost, misplaced or stolen. However, many consumer and school insurance policies will not cover liability in such a scenario, presenting a potential insurance gap.
“Many schools may view lockers as the best practical way forward but this will be an expensive addition to premises at a time of tight finances. Given this is statutory guidance they must consider, rather than a legal requirement, high costs could be regarded as a reason for not implementing such policies.
“This is why, if the government is serious about banning mobile phones, it must go beyond simply tweaks to guidance and put this into legislation – which should also include provisions that adequately protect schools from liability.”
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Dan Robinson
PR & Communications Manager
Dan.Robinson@brownejacobson.com
+44 0330 045 1072
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