What powers do schools have to remove smartphones?
Non-statutory government guidance states that schools should prohibit the use of mobile phones throughout the school - “not only during lessons but break and lunchtimes as well". Below are the relevant sections of the current guidance.
The guidance gives headteachers the power to ban smartphones entirely from school premises. But it also gives headteachers the option of a "no see, no hear" policy, which we know doesn't work.
We are calling for a statutory ban to take the pressure off headteachers and ensure every child has the benefits of a smartphone-free school day.
Page 3: “all schools should prohibit the use of mobile phones throughout the school day – not only during lessons but break and lunchtimes as well.”...
Page 6: schools should develop a mobile phone policy that prohibits 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) throughout the school day, including during lessons, the time between lessons, breaktimes and lunchtime.
Page 9: Schools have the power to confiscate mobile phones or similar devices as a disciplinary penalty. The law protects staff from liability in any proceedings brought against them for any loss or damage to items they have confiscated as a sanction, providing they have acted lawfully. Staff should consider whether the confiscation is proportionate and consider any special circumstances relevant to the case. Headteachers are backed by the DfE to confiscate mobile phones and similar devices for the 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. Confiscation as a sanction can be an effective deterrent for a specific pupil or a general deterrent for all pupils at the school.
Online safety
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134. It is essential that children are safeguarded from potentially harmful and inappropriate online material. An effective whole school and college approach to online safety empowers a school or college to protect and educate pupils, students, and staff in their use of technology and establishes mechanisms to identify,
intervene in, and escalate any concerns where appropriate.
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135. The breadth of issues classified within online safety is considerable and ever evolving, but can be categorised into four areas of risk:
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content: being exposed to illegal, inappropriate, or harmful content, for example: pornography, racism, misogyny, self-harm, suicide, anti-Semitism, radicalisation, extremism, misinformation, disinformation (including fakenews) and conspiracy theories.
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contact: being subjected to harmful online interaction with other users; for example: peer to peer pressure, commercial advertising and adults posing as children or young adults with the intention to groom or exploit them for sexual, criminal, financial or other purposes.
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conduct: online behaviour that increases the likelihood of, or causes, harm; for example, making, sending and receiving explicit images (e.g. consensual and non-consensual sharing of nudes and semi-nudes and/or pornography, sharing other explicit images and online bullying, and commerce: risks such as online gambling, inappropriate advertising, phishing and or financial scams. If you feel your pupils, students or staff are at risk, please report it to the Anti-Phishing Working Group(https://apwg.org/).
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136. Governing bodies and proprietors should ensure online safety is a running and interrelated theme whilst devising and implementing their whole school or college approach to safeguarding and related policies and procedures. This will include considering how online safety is reflected as required in all relevant policies
and considering online safety whilst planning the curriculum, any teacher training, the role and responsibilities of the designated safeguarding lead (and deputies) and any parental engagement.
Online safety policy
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137. Online safety and the school or college’s approach to it should be reflected in the child protection policy which, amongst other things, should include appropriate filtering and monitoring on school devices and school networks.
Considering the 4Cs (above) will provide the basis of an effective online policy. The school or college should have a clear policy on the use of mobile and smart technology, which will also reflect the fact many children have unlimited and unrestricted access to the internet via mobile phone networks (i.e. 3G, 4G and 5G).
This access means some children, whilst at school or college, sexually harass, bully, and control others via their mobile and smart technology, share indecent images consensually and non-consensually (often via large chat groups) and view and share pornography and other harmful content. Schools and colleges should carefully consider how this is managed on their premises and reflect this in their mobile and smart technology policy and their child protection policy.
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Searching, Screening and Confiscation Advice for schools, July 2022
Searching
6. The school’s behaviour policy should outline the banned items for which a search can be made. This must include the list of prohibited items in paragraph 3, and may include other items which a headteacher has decided are detrimental to maintaining high standards of behaviour and a safe environment.
Prohibited or illegal items
69. Members of staff should use their judgement to decide to return, retain or dispose of any other items banned under the school rules. In deciding what to do with such an item, the member of staff must have regard to the guidance issued by the Secretary of State in paragraph 70.
70. The member of staff should take into account all relevant circumstances and use their professional judgement to determine whether they can safely dispose of the seized item. In taking into account all relevant circumstances, the member of staff should consider:
• the value of the item;
• whether it is appropriate to return the item to the pupil or parent; and
• whether the item is likely to continue to disrupt learning or the calm, safe and
supportive environment of the school.
Confiscation as a disciplinary penalty
80. Schools’ general power to discipline enables a member of staff to confiscate, retain or dispose of a pupil’s property as a disciplinary penalty, where reasonable to do so.
81. The law protects members of staff from liability in any proceedings brought against them for any loss of, or damage to, any item they have confiscated, provided they acted lawfully.
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