Mobile phones in schools guidance to become statutory – what has changed?

Government plans to put phone-free schools guidance on a statutory footing.

On 20 April 2026, the government announced plans to introduce a legal requirement for schools in England to restrict the use of mobile phones during the school day, by putting existing DfE guidance on a statutory footing.

The announcement confirms that the DfE’s updated guidance on mobile phones in schools, published in January 2026, will be reinforced through legislation via an amendment to the Children’s Wellbeing and Schools Bill, currently before Parliament. While the detailed wording of the amendment has not yet been published, ministers have confirmed that the intention is to give legal force to the government’s expectation that schools operate as mobile phone-free environments by default.

This represents a significant shift from the previous position, where schools were encouraged, but not legally required, to follow the guidance.

What was the position before?

As set out in our earlier article, the January 2026 guidance replaced the previous 2024 version and introduced a much firmer expectation that:

• all schools should be mobile phone-free environments for the entire school day, including breaks and lunchtimes; and

• anything other than a phone-free approach should be by exception only, with clear justification.

Although framed strongly, the guidance remained non-statutory, meaning schools were not under a legal obligation to comply. However, the government signalled its intent to drive adherence by confirming that Ofsted would consider mobile phone policies as part of inspections, focusing on whether a clear and consistently applied policy was in place.

What has changed?

The most important change is that the government now intends to make compliance with the guidance a legal requirement, rather than a matter of best practice.

The education minister has stated that the amendment will create a “clear legal requirement for schools”, placing mobile phone restrictions on a statutory footing for the first time in England. While ministers have emphasised that this is not an “outright ban” in the strictest sense, schools will have a requirement to pay regard to statutory guidance, which markedly strengthens its status.

Once guidance is statutory, schools and academy trusts must be able to demonstrate that they have followed it or have lawful reasons for any departure. This provides a materially different risk position to that which applied under the non-statutory guidance.

Stronger inspection and accountability consequences

Although Ofsted has already begun considering mobile phone policies during inspections, the move to a statutory framework increases both the regulatory weight and evidential importance of compliance. Failure to implement and effectively enforce an appropriate policy may now have consequences beyond commentary on inspections; potentially affecting judgments on leadership, governance, behaviour and attitudes, and wider safeguarding considerations linked to pupil wellbeing.

Schools that choose to diverge from the statutory guidance will need to be able to justify this decision clearly. This will require a well‑documented rationale, supported by evidence of risk assessment and demonstrable mitigation of the issues the guidance is designed to address.

Continued scope for exceptions, but with greater scrutiny

The government has confirmed that exceptions will continue to be permitted, including for pupils who rely on mobile devices for medical or health‑related purposes, certain arrangements within sixth forms, and aspects of boarding provision. However, once guidance becomes statutory, the threshold for allowing such exceptions is likely to be subject to closer scrutiny.

Schools will therefore need to ensure that any exceptions are carefully justified and compliant with equality law, with reasonable adjustments made where required. At the same time, schools must avoid overly broad or informal interpretations that risk undermining the integrity of a phone‑free school environment.

Wider context

The move to statutory guidance forms part of a broader government focus on children’s wellbeing, online safety and digital distraction, alongside increased expectations of schools to manage risks associated with technology use. Ministers have described the Children’s Wellbeing and Schools Bill as the most significant safeguarding reform in decades, with mobile phone regulation forming one element of that wider agenda.

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The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice, please feel free to contact Wrigleys Solicitors.