On 19 February 2026, the Department for Education (DfE) published updated non‑statutory guidance requiring all schools in England to adopt a default mobile phone free environment throughout the entire school day. A link to the guidance is here. Although this guidance applies to both the state and independent sectors, its practical effects on independent schools are significant.
Overview of the new guidance
The guidance sets a clear expectation that mobile phones and smart devices with similar functionality should not be accessible to pupils at any point during the school day, including lessons, transitions, breaktimes and lunchtime. Schools must have a behaviour policy which is aligned with the school’s legal duties and standards relating to the welfare of children. This is essential in establishing and maintaining high standards of behaviour ensuring that the school is a calm and safe environment for all pupils and staff. As part of this policy, schools should develop a mobile phone policy that prohibits the use of mobile phones and other smart technology with similar functionality to mobile phones throughout the school day, including during lessons, the time between lessons, breaktimes and lunchtime.
The DfE has strengthened its stance compared with previous versions of the guidance, reflecting a growing conversation about reducing digital distraction and safeguarding risks linked to mobile device use.
What this means for independent schools
Independent schools already have considerable freedom in determining their conduct and behaviour policies. However, the updated guidance introduces new non-statutory expectations, particularly where schools need to demonstrate high safeguarding standards and remain aligned with good practice.
Policy development and consistency
Independent schools will need to consider:
- Developing or revising a mobile phone policy that ensures a mobile phone free environment, by default, during the school day.
- Ensuring consistency across boarding settings. The DfE emphasises that boarding schools must follow the guidance throughout the academic day, while still enabling private communication with families at appropriate times.
- Reviewing any existing Bring Your Own Device (BYOD) approaches, ensuring such policies do not include mobile phones.
Independent schools can often pride themselves on promoting maturity and independence, particularly in older pupils. The guidance acknowledges this and allows sixth‑form exceptions, provided younger pupils are not exposed to their phone use.
Communication with parents
The guidance stresses the need for clear communication with parents about:
- The rationale for the policy and the schools’ expectations, including safeguarding risks, disruption to learning and wellbeing concerns.
- Expectations around home support, with parents encouraged to reinforce messages and direct school day communications through the school office.
Given the fee paying nature of the sector and potential parental expectations, transparency and consultation will be key to minimising complaints and ensuring parents are on board with the policy.
Sanctions and enforcement
Independent schools retain broad discretion over sanctions, though the DfE guidance confirms that confiscation and detentions may be used when pupils breach the policy. The law offers protection for staff from liability in any proceedings brought against them for any loss or damage to items, where they confiscate devices proportionately and lawfully.
Independent schools may find the new expectations align well with their current practices.
Reasonable adjustments and safeguarding
The guidance reiterates the need for reasonable adjustments for pupils with disabilities, medical conditions or exceptional personal circumstances. Examples include but are not limited to:
- Access to mobile phones for pupils using diabetes glucose monitoring devices linked to smartphone apps.
- Flexibility for young carers or pupils with particular home circumstances.
Independent schools must take special care here, as they operate under the Equality Act 2010.
Implications for inspection and reputation
Given increasing media attention and parental concern, independent schools may find that aligning with DfE guidance helps:
- Demonstrate strong safeguarding practice
- Reduce digital distraction affecting learning
- Strengthen behaviour management
- Support their public reputation
It is also possible that ISI inspectors may consider mobile phone policies within their broader assessments of safeguarding culture and pupil welfare, even though not mandated.
Conclusion
The updated DfE guidance sets a clear expectation that schools should be mobile free by default, with limited exceptions. For independent schools, the guidance is non statutory yet its impact may require practical steps. Clear policy making, strong communication with parents, and thoughtful application of reasonable adjustments will be essential to ensuring compliance with best practice and maintaining the high standards expected within the independent sector.
How Moore Barlow can help
We would be delighted to support any schools that have questions regarding the practical application of this guidance, as well as in drawing up or reviewing a policy on mobile phones in schools. Please contact our Independent Schools team for assistance.
