Question to the Department for Education:

To ask the Secretary of State for Education, what steps her Department has taken with schools to ensure that they differentiate their approach to mobile phone restrictions for students with special educational needs and disabilities who rely on (a) mobile phones and (b) other technology for (i) communication and (ii) learning support.

All schools should have a behaviour policy which is aligned with the school’s legal duties and standards relating to the welfare of children. As part of this policy, schools should develop a mobile phone policy that prohibits the use of mobile phones and other smart technology with similar functionality to mobile phones.

Exemptions may be required for children with specific special educational needs or disabilities, including users of assistive technology. Schools have a duty under the Equality Act 2010 to take such steps as is reasonable to avoid substantial disadvantage to a disabled pupil caused by the school’s policies or practices. 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.

Headteachers remain responsible for deciding how to implement a mobile phone policy, taking into account the unique context of each school and its pupils. Headteachers should assess each case for adjustments and adaptations on its own merits.

The ‘Mobile phones in schools’ guidance contains practical advice for schools, including case studies, which consider how to ensure that the needs of all children are met while continuing to remove distractions in lessons and create an environment where children can focus on learning and building friendships.