Updated guidance on the Independent School Standards: What schools need to know

The Department for Education’s (DfE) revised “The Independent School Standards (ISS): Guidance for Independent Schools” was released in April 2026 and introduced six key substantive updates.

Whilst the guidance is non-statutory, the Independent Schools Inspectorate (ISI) will be assessing schools against it when conducting inspections. All independent schools should therefore take the time to familiarise themselves with the changes. 

The six key substantive updates are as follows:

1. Fundamental British values

The revised guidance substantially expands the requirements regarding Fundamental British Values (FBV), reinforcing that compliance extends beyond the formal curriculum and into the wider life of the school.

Whilst independent schools have long been required to actively promote democracy, the rule of law, individual liberty, and mutual respect and tolerance, the new guidance emphasises that these values must be genuinely embedded throughout the school’s culture. Schools are expected to demonstrate coherent promotion of FBV through the curriculum, teaching resources, pastoral provision and extracurricular activities, and there are a number of practical examples in the guidance for how this can be achieved.

2. Relationships, sex and health education

The new addition of guidance on Relationships, Sex and Health Education (RSHE) reflects the fact that the requirement for relationships education (in primary schools) and relationships and sex education (in secondary schools) is now fully embedded within the ISS framework.

This new guidance places greater emphasis on governance and documentation. Independent schools must have written RSHE policies, consult meaningfully with parents when reviewing those policies, and demonstrate that age-appropriate content is delivered consistently. Whilst this was already a requirement, this inclusion in the guidance emphasises that this is likely to be an ISI area of focus in inspections.

3. Mobile phones

The DfE issued guidance earlier this year, confirming that it now expects schools to operate as “mobile-free environments by default”, with exceptions justified on a case-by-case basis. A link to our article on that guidance can be found here.

The updated guidance on the ISS now reflects the new rules on mobile phones. Schools should, as part of their behaviour policy, be addressing the use of mobile phones throughout the school day, including during lessons and breaktimes.

4. Attendance

The updated guidance now refers to the DfE’s “Working Together To Improve School Attendance” document, and confirms that school must have regard to the relevant sections of this guidance as part of their efforts to maintain high levels of attendance. Emphasis is placed on early intervention, robust record-keeping and active engagement with families where attendance concerns arise. It also highlights notification obligations and expectations regarding admissions and attendance registers.

Schools should expect inspectors to examine attendance systems with increasing rigour, particularly where pupils have SEND or medical needs.

5. Restrictive interventions, including reasonable force and seclusion

The guidance now takes into account the new requirements in the ISS to make prompt written records of incidents of force, seclusion or restraint and, in most cases, to notify parents following such incidents. There is useful information in the guidance to help schools discharge these obligations, clarifying the types of incidents that will result in these obligations being triggered.

6. Data protection complaints

We have reported separately on the new provisions that have just come into effect in June 2026 regarding complaints from data subjects – our article on this can be found here. The updated guidance on the ISS now includes helpful advice for schools on how to comply with these new requirements on data protection complaints. 

Schools will be required to acknowledge data protection complaints within 30 days, investigate them without undue delay, and communicate outcomes promptly. Whilst schools could choose to adopt a separate standalone complaints procedure for such complaints, many schools may consider that the simplest way to manage this new obligation will be to adapt their existing complaints procedure.

How Moore Barlow can help

The ISS framework forms the foundation of the regulatory requirements under which independent schools operate, and this updated guidance provides useful interpretation of the ISS. Schools seeking support in understanding or applying the ISS are encouraged to get in touch.