DfE guidance update: A step closer to phone-free schools
The government updated its non-statutory guidance on mobile phones in January 2026 to make it clearer that the expectation is that schools should be phone-free.
The guidance remains non-statutory, meaning there's no legal duty to consider or follow it. However, the DfE has said that Ofsted will consider a school’s mobile phone policy "immediately” as part of inspections. The case studies have also been updated with additional guidance on communicating a policy.
How Ofsted will consider mobile phone policies
The guidance continues to make clear that individual requests to depart from the policy - particularly where the pupil has SEN or a disability - remain important.
Accommodating pupils with SEN or disabilities
Schools and trusts decide their own phone policies, and most already limit phone use to some extent. Options include:
- Devices handed to school staff at the start of the day.
- Though this places responsibility for expensive devices on the school.
- Pupils storing devices in a locker or similar.
- Devices not being on school site at all.
Options for implementing a phone-free policy: Children's Wellbeing and Schools Bill
The House of Lords is due to discuss an amendment to the Children’s Wellbeing and Schools Bill in February 2026 that would require schools to have a policy banning mobile phones while allowing for specific exceptions.
If passed, this would provide consistency and clarity, giving school leaders a basis to say the decision is out of their hands. We'll be updating our Children’s Wellbeing and Schools Bill hub as the Bill progresses.
Contact
Philip Wood
Principal Associate
philip.wood@brownejacobson.com
+44 (0)330 045 2274
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