KCSiE 2026: What the statutory mobile phone guidance means for schools
At the end of June, DfE’s existing guidance on mobile phones became statutory guidance. This was enabled by the Children’s Wellbeing and Schools Act 2026 which allows the Secretary of State to issue guidance on the use of mobile phones and other interactive devices in schools.
The guidance, which has not changed substantively since becoming statutory, sets an expectation that schools will implement a policy ensuring pupils don't have access to their mobile phones during the school day. The new Keeping Children Safe in Education (KCSiE 2026) guidance reiterates this expectation.
How schools can implement the mobile phone ban
There is no direction on how this should be achieved, which is left to school leaders, but the guidance does give examples including the use of lockers or handing phones in to staff at the beginning of the school day.
Do schools need lockers for mobile phones?
We've received many questions on this topic since the original guidance was released. Some schools and trusts have already had a clear policy in place preventing the use of phones in school without the use of lockers.
As long as such an arrangement is clearly set out, understood, and implemented, there is no requirement for a school to implement lockers, which would likely come at significant cost. From September 2026, Ofsted will consider the implementation of any such policy, the understanding of it amongst staff and pupils, and how effective it is.
Insurance and liability for storing mobile phones
Schools and trusts that do implement lockers or pouches need to consider the question of liability about what will likely be a large number of high-value handsets. Personal insurance obtained by parents may not cover such an arrangement, and a trust’s insurance is also unlikely to do so, although schools should consult their own policies. Disclaimers are one option, but they need to be clearly set out to parents so that they can make decisions about what their children take to school.
Enforcing and communicating your mobile phone policy
Any breaches of the policy by a pupil can be addressed through confiscation and the more general application of the school’s behaviour policy. As long as mobiles are banned items, they can also be items that staff may search for - albeit without the use of force, as mobile phones are not prohibited items in law.
Whatever option is chosen, communicating clearly with parents and reiterating the policy to pupils will be important. Our suite of policies for schools and trusts now contains a model mobile phone policy to assist.
Contact
Philip Wood
Partner
philip.wood@brownejacobson.com
+44 (0)330 045 2274