Schools in England are now under a legal duty to have regard to government guidance saying pupils should not have access to their mobile phones during the school day. The duty began on 29 June 2026 under section 36 of the Children’s Wellbeing and Schools Act 2026, and schools are expected to apply it in practice from 1 September 2026. It is not a rule against owning a phone. Here is what changed, what the law does and does not do, and what parents can ask their child’s school.
School Phone Ban in England: The Timeline
| Date | What happened |
|---|---|
| February 2024 | The Department for Education (DfE) publishes non-statutory guidance encouraging schools to prohibit phone use throughout the school day |
| 26 January 2026 | Updated guidance says all schools in England should be phone-free by default |
| 20 April 2026 | Government announces it will put the guidance on a statutory footing; peers back a Conservative amendment by a majority of 107 |
| 29 April 2026 | The Children’s Wellbeing and Schools Bill receives Royal Assent |
| 29 June 2026 | Section 36 of the Act comes into force: state-funded schools must have regard to the guidance |
| 1 September 2026 | Implementation expected in schools |
Sources: SchoolVoice, Geldards, Wrigleys, Local Government Lawyer and the legislation text on legislation.gov.uk.
What the Law Actually Says
Section 36 inserts a new section into the Education Act 1996. It requires the responsible body for a school in England to have regard to the government’s guidance on mobile phones when exercising its functions. Lawyers writing for Local Government Lawyer describe this as a clear requirement to ordinarily follow the guidance unless there is a very good reason not to. Wrigleys notes that a school choosing to depart from the guidance will need to justify that decision clearly.
A letter from one academy to parents, quoting the statutory guidance, says pupils must not have access to their phones during the school day, including breaks and lunchtime. The government has stressed that this is not an outright ban in the strictest sense, which is why the wording matters.
| Part of the school day | What the guidance expects |
|---|---|
| Lessons | No phone access |
| Between lessons | No phone access |
| Break and lunchtime | No phone access |
| Medical needs | The guidance gives medical reasons as an example of an exemption |
What It Does Not Do
- It does not stop children owning a phone. EdTech Innovation Hub reports that the rule does not ban phones or stop pupils bringing them onto school premises.
- It does not set one method. A school policy document notes that schools choose how to enforce it, for example by collecting phones, using lockers or secure pouches.
- It does not guarantee money for storage. A Pulse summary of the plans says funding for lockers or secure storage is still not guaranteed.
- It does not cover the whole UK. Scotland has guidance from August 2024 that lets headteachers restrict phones but no legal ban, according to Geldards, and Wales leaves the decision to headteachers.
Will Much Change in Practice?
For many schools, not a lot. Children’s Commissioner research reported by Mace Magazine found that 99.8% of primary schools and 90% of secondary schools already had policies limiting phone use in school hours. Pepe Di’Iasio of the Association of School and College Leaders said a statutory ban “doesn’t really change very much”, as reported in the Guardian and SEN Magazine. The main shift is that schools that did allow phones now have to justify it, and Ofsted is expected to look at phone policies in inspections, according to Pulse.
| Measure | Figure | Source |
|---|---|---|
| Primary schools already limiting phones | 99.8% | Children’s Commissioner research, via Mace Magazine |
| Secondary schools already limiting phones | 90% | Children’s Commissioner research, via Mace Magazine |
| Duty in force | 29 June 2026 | SchoolVoice, citing the House of Commons Library |
What Parents Can Check With the School
- Ask for the written policy. It should say where phones are kept and what happens if a child breaks the rule.
- Check how to reach your child. Find out which number or office to use for urgent messages during the day.
- Ask about smartwatches and earbuds. Some school policies name these, so check yours rather than assuming.
- Ask about medical needs. If your child uses a phone or app for a health reason, ask how the school handles it.
- Ask about lost or damaged phones. Find out who is responsible if a phone is collected or locked away.
If a phone is going to be handed in, locked in a pouch or taken away, it is also a good moment to make sure its photos are safe. Our guide to backing up phone photos shows how.
Frequently Asked Questions
Is there a school phone ban in England?
Schools must now have regard to statutory guidance that expects pupils not to have access to their phones during the school day. Ministers have said it is not an outright ban, and it does not stop children owning phones.
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When did the school phone law start?
The duty came into force on 29 June 2026, and schools are expected to apply it in practice from 1 September 2026.
Does it apply to all schools?
SchoolVoice describes the duty as applying to state-funded schools in England. If your child attends an independent school, ask the school directly what its policy is.
Can my child still bring a phone to school?
The law does not stop pupils bringing a phone onto the premises, but the school decides how it is stored and when it can be used. Check the policy.
Does the rule apply in Scotland and Wales?
No. Scotland has guidance from August 2024 and no legal ban, and Wales leaves the decision to headteachers, according to Geldards.
Can teachers take a phone away?
School policies note that teachers have long had powers to confiscate prohibited items where the behaviour policy supports it.
Will schools get money for lockers or pouches?
Pulse reports that funding for secure storage was not guaranteed, so arrangements vary from school to school.
The Bottom Line
England now has a legal duty on state schools to follow the government’s phone-free guidance, but it is a duty to have regard to guidance rather than an outright ban on phones. Most schools already restrict phones, so the practical change may be small. The useful step for parents is to read the school’s own policy and ask how it works day to day.
Sources: SchoolVoice, legislation.gov.uk (Children’s Wellbeing and Schools Act 2026, section 36), Geldards, Wrigleys, Local Government Lawyer, the Guardian and SEN Magazine, Mace Magazine, Pulse and EdTech Innovation Hub. This article is general information, not legal advice.
