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
Partner
philip.wood@brownejacobson.com
+44 (0)330 045 2274
You may be interested in
New allergy and medical conditions guidance: What schools need to know
EdCon2026: SEND and the white paper
Edcon2026: Governance reviews and executive pay setting
KCSIE 2026: Navigating the changes and staying compliant
Managing parental complaints in schools: Insights from a former detective
EdCon2026: How schools can restructure legally and compassionately
Schools white paper on AI and data: Insights for school leaders
Every child achieving and thriving: The schools white paper explained
The schools white paper is out – how #EdCon2026 will help you
Mock employment tribunal: School restructures
Gender-questioning children guidance for schools: Legal comment
#EdInfluence podcast (series 5): In conversation with inspiring leaders
Data (Use and Access) Act 2025: Key changes now in force
Recognised legitimate interests: Sharing information with the police
Why MATs are choosing to grow – and top tips to make it work
DfE to propose schools deploy on-site suspensions: Legal comment
Legal views on the Children’s Wellbeing and Schools Bill
DfE guidance update: A step closer to phone-free schools
Parental complaints guidance for schools: Legal comment
Autumn Budget 2025 sector predictions: Education
MAT mergers: A guide for academy trust leaders and trustees
Legal and operational implications of reducing assistant headteacher positions
From school election defeat to AI leadership: Insights from Paul Estes
Changes to Academy Trust Handbook affecting confidentiality clauses in settlement agreements: Employment lawyer comment
Cornwall School Business Managers Annual Conference
Identity verification updates for leaders in academy trusts: What you need to know
Preparing for Martyn's Law: A practical guide for schools and academy trusts
Construction contract limitation periods: A guide for schools
Ofsted confirms changes to inspection framework
Schools White Paper: SEND reform, behaviour changes and other expectations
Ofsted new inspection framework: Browne Jacobson comment
Be prepared for the 2025-26 school year
Browne Jacobson’s School Leaders Survey exposes post-Covid downturn in school readiness among young children
Optimus' HR Update and People Strategy 2026
Supporting neurodiverse staff in the education sector
#EdInfluence podcast (series 4): In conversation with inspiring leaders
AI at the coalface: Navigating the practicalities in education
Be protected: New data and AI for schools magazine available now
Be Connected: Schools and academy trusts July 2025
