No Phone Zone: Mobile Phone Bans To Improve Safeguarding And Behaviour

• Published date: 07 September 2021
• Subject Matter: Consumer Protection, Education
• Law Firm: Withers LLP
• Author: Lily-May Auste

On 29 June 2021, Education Secretary Gavin Williamson launched a call for evidence asking teachers, parents and other staff for their views and policies on managing behaviour ahead of planned updates to Government non-statutory guidance later this year in relation to discipline in schools. This next step follows the Department's '10 million behaviour hubs programme, which partners heads and leaders from England's highest performing multi-academy trusts with schools struggling with poor behaviour and discipline.

The six-week consultation seeks an understanding of the policies and strategies schools use to prevent and manage common challenges, and in particular, it will consider how schools' behaviour policies and approaches in these areas have changed in response to the pandemic and any successful practices they intend to maintain.

Although the majority of schools have policies in place limiting the use of phones in classrooms, rules and sanctions have not always been applied consistently. As such, in addition to the consideration of in-school units and managed moves, the use of mobile phones in schools is one of a number of areas being considered by the Government as part of the review.

The Education Secretary has previously claimed that mobile phones can act as a 'breeding ground' for cyberbullying and there is evidence that banning mobile phones from the school day has a possible effect on attainment. There are also clear links between screen time, social media and poor mental health.

The recent statutory guidance in relation to 'Keeping Children Safe in Education' published by the Department for Education on 1 September has additionally stated that children's unlimited and unrestricted access to the internet via mobile phones means that some children, whilst at school or college, sexually harass their peers via their mobile and smart technology, share indecent images non-consensually (often via large chat groups) and view and share pornography and other harmful content.

As such, the Department for Education has specified that schools and colleges should be carefully considering how this is managed on their premises and reflect sexual violence and sexual harassment in their whole school or college approach to safeguarding and in their child protection policy, as well as implementing a robust mobile phone and smart technology policy.

Ofsted's rapid review of sexual abuse in schools and colleges published in June this year has additionally highlighted...