Mobile phone policy for schools

The rule: section 550C and the statutory guidance

Section 550C of the Education Act 1996, inserted by section 36 of the Children's Wellbeing and Schools Act 2026 and in force since 29 June 2026, says: “The appropriate person for a school in England must have regard to guidance described in subsection (2) in exercising functions in relation to the conduct of the school.” That guidance is the Secretary of State's guidance “about registered pupils at schools having mobile phones and other personal interactive communication devices with them, and using them – (a) during school hours, and (b) on school premises.”

The appropriate person is the head teacher of a maintained school, maintained nursery school, pupil referral unit or approved non-maintained special school, and “for any other kind of school, the proprietor”: in practice the academy trust or the independent school's proprietor. Devices the school itself provides for pupils to use are outside the section.

The guidance is the Department for Education's Mobile phones in schools: “This guidance became statutory on 29 June 2026. Schools should begin following it from 1 September 2026”. Its central line is: “All schools should be mobile phone-free environments by default; anything other than this should be by exception only.” Keeping children safe in education 2026 repeats that default in its own mobile phone paragraphs.

According to the DfE's Mobile phones in schools collection page, the guidance applies to maintained schools, academies, free schools, non-maintained special schools and independent schools, primary and secondary alike. It does not apply to 16 to 19 academies, 16 to 19 free schools, further education or sixth-form colleges, or other standalone post-16 institutions, although they “may wish to refer to the guidance”.

In a maintained school the governing body cannot override it: section 36 also amends section 89 of the Education and Inspections Act 2006 so that, where a notification or guidance the governing body gives the head teacher under section 88(2)(b) is inconsistent with the mobile phones guidance, the head teacher's duty to have regard to the governing body's notification or guidance “does not apply to the extent of the inconsistency”.

Phones are not banned in schools across the UK. The Welsh Government opened a consultation on draft mobile phone guidance for schools on 9 September 2026, closing on 2 December 2026 (Developing a mobile phone policy: draft guidance for schools), with final guidance due in early 2027 according to its announcement of the consultation. Scotland and Northern Ireland have their own separate guidance; the Department of Education's announcement of its mobile phones guidance covers Northern Ireland.

What the policy should say

The policy “can be included within the school's behaviour policy or be its own standalone document”, and “Schools should publish details of the school's policy on prohibiting the use of mobile phones.” Read against the DfE guidance, a complete policy covers:

1. The prohibition, all day. The policy should prohibit “the use of mobile phones and other smart technology with similar functionality to mobile phones (for example, the ability to send and/or receive notifications or messages via mobile phone networks or the ability to record audio and/or video)”. The guidance adds that references to phones cover “other communications and smart technology that the school has decided to include”, so name them: a smart watch that receives messages is the obvious one. Because recording is part of the definition, photos or recordings of other pupils and staff are covered too.
2. How phones are kept out of use. “It is for headteachers to decide how best to achieve this within their own unique contexts.” Handing phones in, lockers and lockable pouches are all choices; say which, whether phones brought for the journey must be switched off, who holds what, and when phones are given back.
3. Bring your own device. “BYOD policies should not include mobile phones.”
4. The sixth form. Schools “should consider whether students in the sixth form should be permitted access to their mobile phone at certain and limited times and locations”, prohibiting use “in front of younger pupils, for example, limiting use to a sixth-form common room.”
5. Boarding and trips. “Boarding schools and residential schools should prohibit the use of mobile phones throughout the teaching day”, and schools “should determine how they wish to manage the use of mobile phones by pupils on residential trips or trips outside of the normal school day.”
6. How parents reach their child. Parents “should be directed to the school office, where staff should be aware of the school's policy on relaying messages and facilitating contact.”
7. Sanctions and searching. “Schools can use a range of sanctions … including confiscation and detentions”, and “Headteachers can and should identify mobile phones and similar devices as something that may be searched for in their school behaviour policy.”
8. Exceptions, and who agrees them (section 05).
9. Reminders. Pupils “should be reminded of the policy, and the consequences and sanctions for not following it, at the start of each school year and again, where appropriate, at regular intervals.”

Adults are part of it too: “Staff should not use their own mobile phone for personal reasons in front of pupils throughout the school day.” That belongs in the staff code of conduct rather than the pupils' policy; our guide to the personal mobile phone policy for staff covers it. In January 2026 the DfE replaced its earlier toolkit with a document on communicating the policy to parents, in the same collection; use that, not a saved copy of the old toolkit.

Confiscation: how long a school can keep a phone

Confiscation is a disciplinary penalty under section 91 of the Education and Inspections Act 2006, which applies in England and Wales. The penalty is lawful only if it “(a) is not in breach of any statutory requirement or prohibition, and (b) is reasonable in all the circumstances”, judged by “whether the imposition of the penalty constitutes a proportionate punishment in the circumstances of the case” and any special circumstances, “including in particular – (i) the pupil's age, (ii) any special educational needs he may have, (iii) any disability he may have, and (iv) any religious requirements affecting him.” It must be imposed by a paid member of staff, unless the head teacher has authorised others, on the premises or while the pupil is under the lawful control or charge of a member of staff.

On length, the DfE guidance says: “Headteachers are backed by DfE to confiscate mobile phones and similar devices, if they consider it proportionate, for whatever length of time they deem proportionate. In considering whether a confiscation is a proportionate penalty, schools should consider what disciplinary outcome the confiscation is intended to achieve and whether there are other ways to achieve the same outcome, as well as the pupil's individual circumstances such as age and SEND”. No period is set in law. The end of the day, the end of the week or collection by a parent are choices a school makes in its policy, and each has to be proportionate for the pupil in front of it.

Staff who confiscate lawfully are protected. Under section 94 of the Education and Inspections Act 2006, a person who seizes, retains or disposes of an item is not liable for the seizure or “any damage or loss which arises in consequence of it, if he proves that the seizure, retention or disposal (as the case may be) was lawful”. That defence does not cover a phone seized after a statutory search: section 94(3) leaves those to section 550ZC of the Education Act 1996 (section 04).

Confiscation is also a safeguarding moment: “Schools should consider whether the misbehaviour gives cause to suspect that a pupil is suffering, or may be at risk of, harm.” A pupil who will not be parted from a phone may be being contacted by someone, and the designated safeguarding lead should hear about that pattern, not only the sanctions log.

Searching for a phone, looking at it, and the record

Under section 550ZA of the Education Act 1996, the head teacher or a member of staff they authorise may search a pupil they have reasonable grounds to suspect has a prohibited item, and the list ends with “(g) any other item which the school rules identify as an item for which a search may be made.” A phone is a prohibited item in its own right only where a member of staff reasonably suspects it is stolen, or has been, or is likely to be, used to commit an offence or to cause personal injury or damage to property (subsection (3)(e) and (ea)). Otherwise it is searchable only through the school-rules limb, so only if the behaviour policy names it.

Force is not available for a phone banned only by the school rules. The DfE's Searching, screening and confiscation guidance (July 2022), which predates section 550C, says at paragraph 22 that staff can use reasonable force to search for statutory prohibited items “but not to search for items which are identified only in the school rules.” If a pupil refuses, paragraph 20 allows a sanction “in line with the school's behaviour policy”.

A phone seized in a search for an item named in the school rules falls under section 550ZC of the Education Act 1996: the person who seized it “must return it to its owner, retain it or dispose of it”; one seized as an article suspected of use in an offence may also be delivered to the police. Looking at what is on it needs a reason: “The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.” Paragraph 78 of the searching guidance says staff “should reasonably suspect that the data or file on the device has been, or could be used, to cause harm, undermine the safe environment of the school and disrupt teaching, or be used to commit an offence.” A phone taken for being out at lunch is not a reason to scroll through it.

Where staff suspect a device holds an indecent image of a child, paragraph 75 says they “should never intentionally view the image, and must never copy, print, share, store or save such images”; they should confiscate the device, avoid looking at it and refer the incident to the designated safeguarding lead. Under paragraph 79, data or files that may be evidence of a suspected offence “should not be deleted, and the device must be handed to the police as soon as it is reasonably practicable”, and paragraph 76 says anything suspected to constitute a specified offence “must be delivered to the police as soon as is reasonably practicable”. Otherwise, in exceptional circumstances (paragraph 77), staff may delete data or files if their continued existence “is likely to continue to cause harm to any person and the pupil and/or the parent refuses to delete the data or files themselves.”

Paragraph 44 says searches for statutory prohibited items “should be recorded in the school's safeguarding reporting system, including whether or not an item is found”, and “Headteachers may also decide that all searches for items banned by the school rules should be recorded.” Paragraph 45 suggests each record show “the date, time and location of the search; which pupil was searched; who conducted the search and any other adults or pupils present; what was being searched for; the reason for searching; what items, if any, were found; and what follow-up action was taken as a consequence of the search”.

Telling parents differs by item. Under paragraph 47, parents should always be told of a search for a statutory prohibited item and its outcome as soon as is practicable. For a phone searched for only because the school rules name it, paragraph 48 says only that schools “should consider that in some circumstances it might also be necessary to inform parents”. A policy that records every phone search and says when parents will be told saves deciding case by case.

Exceptions the policy must allow, and how Ofsted checks it

A phone-free default does not override equality and health duties. The DfE guidance says: “Allowing a disabled pupil access to their mobile phone during the school day, where it is necessary due to the nature of their disability, may be considered a reasonable adjustment and a failure to do so may be a breach of the school's duty.” That is the reasonable adjustments duty under the Equality Act 2010, which reaches independent schools as well as state-funded ones.

For medical conditions it is firmer: “Where mobile phone use allows pupils to manage their medical condition effectively, it would not be reasonable for a school to prevent this.” A continuous glucose monitor that reports to a phone app is the common case. The guidance ties this to the duty on maintained schools and academies under the Children and Families Act 2014 to support pupils with medical conditions; for independent schools the route is the Equality Act duty, which applies where the condition amounts to a disability.

Schools should also ensure that pupils are able to access their mobile phone “where necessary when raising concerns with teachers about issues which have occurred online”, particularly in residential settings. A pupil who wants to show a teacher an abusive message on social media has to be able to.

None of these is a blanket exemption: “Allowing flexibility for individual pupils does not mean that these pupils should be exempt from all restrictions on the use of their mobile phone.” Write each exception down for the pupil: the purpose, the times and places it is permitted, who agreed it and when it will be reviewed, in the individual healthcare plan or SEND record where there is one.

Ofsted's education inspection blog of 23 January 2026 said inspectors will “discuss with leaders what their policy is on mobile phones and how this is communicated to parents and to pupils”, “evaluate whether staff and pupils understand the expectations around mobile phones” and “determine how consistently the school's mobile phone policy is being followed and its impact on pupils' learning, behaviour and wellbeing”. The same post, written before the guidance became statutory, said that where a school chooses not to follow it and there is evidence that phones are harming behaviour, learning or wellbeing, “it would be likely that the ‘expected standard’ for attendance and behaviour will not be met.” An inspector who sees phones in lessons or a phone out at lunch will ask whether it is an agreed exception or a gap.

The conversations a phone-free day creates

A phone-free day moves conversations rather than ending them. The parent who used to text their child now messages the form tutor, whose number they have, about the phone taken at lunchtime and whether it will be back before the bus. The head of year agrees, in a few direct messages with a parent, that a pupil may keep their phone for a glucose app at set times. Two members of staff settle in a group chat who holds the pouch keys on a trip. Each is part of the record the policy depends on: the exception was agreed, the parent was told, the sanction was explained. If it happened on a teacher's personal phone, the school cannot produce it when the complaint arrives.

The DfE guidance already points parents to the school office. The office then needs somewhere to hold those conversations that the school controls. ComplyChat is one: a messaging channel the school owns, which parents join with a verified mobile number and staff use on any phone, where everyone added is told the channel is on the record. Messages are recorded as they are sent and, on paid plans, file into the school's own Microsoft 365 once its tenant is connected, under the school's own retention rules. Free is a permanent personal tier for up to 25 staff in one private group, with direct messages, three calendar months of recent history and no Microsoft 365 archive, so it is not where a school's lasting record of exceptions and parent contact should live.

Be clear about what it is not. ComplyChat does not manage, lock or look at pupils' phones; it is not a pouch, a locker or a device-management system, and it is not for messaging pupils. The phone policy, the search record in the safeguarding system and the healthcare plan still have to be written and kept.

A question for the next leadership meeting: when a parent disputes a confiscation, or an inspector asks why one pupil has a phone at lunch, could we produce every message in which it was agreed, and who sent it?

Questions people ask

What are the new rules regarding mobile phones in schools in the UK?

In England, the Department for Education's Mobile phones in schools guidance became statutory on 29 June 2026, and schools should follow it from 1 September 2026: every school should be mobile phone-free by default, with a policy prohibiting pupils' use of phones throughout the school day, including lessons, the time between lessons, breaktimes and lunchtime. Wales is consulting on its own guidance (closing 2 December 2026, final guidance due early 2027); Scotland and Northern Ireland have separate guidance.

What is the policy on mobile phone use at primary schools?

The same DfE guidance applies to primary schools in England as to secondary: maintained schools, academies, free schools, non-maintained special schools and independent schools should all prohibit pupils' use of phones throughout the school day. How phones are handed in or stored is for the headteacher to decide.

Can I refuse to give my phone to my teacher?

A pupil who refuses can be sanctioned under the school's behaviour policy, but staff may not use reasonable force to search for a phone that is banned only by the school rules (Searching, screening and confiscation guidance, paragraphs 20 and 22). Staff can search for a phone where the behaviour policy names it as an item that may be searched for and they have reasonable grounds, or where they reasonably suspect it is stolen or has been, or is likely to be, used to commit an offence or to cause injury or damage.

Can schools take your phone for 2 weeks?

No law sets a limit: the DfE's statutory guidance backs headteachers to confiscate phones “for whatever length of time they deem proportionate”, considering the outcome intended, alternatives and the pupil's age and SEND. Under section 91 of the Education and Inspections Act 2006 the penalty must be reasonable and proportionate, so a long confiscation needs a reason the school could defend.

Are teachers legally allowed to take your phone in the UK?

Yes, in England and Wales: a paid member of school staff can confiscate a pupil's property as a disciplinary penalty where it is reasonable, under section 91 of the Education and Inspections Act 2006, and section 94 protects them from liability for loss or damage if the confiscation was lawful. Scotland and Northern Ireland have their own law and guidance.

Official guidance and your next step

The statutory guidance is the DfE's Mobile phones in schools, with the parent communication document in the collection, made statutory by section 36 of the Children's Wellbeing and Schools Act 2026. Searching and seizure are in section 550ZA and section 550ZC of the Education Act 1996 and the Searching, screening and confiscation guidance; confiscation is in section 91 and section 94 of the Education and Inspections Act 2006. Quotations are from those pages as published on 8 October 2026.

This guide is a summary for schools in England, not legal advice. Wales, Scotland and Northern Ireland have their own guidance, and a decision about an individual pupil, especially a disabled pupil, may need specialist advice.

Then do one thing: open the behaviour policy and check that it names mobile phones and similar devices as an item that may be searched for. If it does not, no member of staff has the statutory power to search a pupil for a phone simply for having it in school.