New guidance on mobile phones and AI could impact school regulation

Mobile phone policies: A new focus for Ofsted inspections

The DfE has announced plans to introduce tougher guidance on mobile phone use in schools, with Ofsted set to assess whether schools have robust policies in place. This comes amidst concerns about the negative impact of mobile phones on pupil behaviour, mental health, and academic performance. While the government will issue updated non-statutory guidance, meaning schools are not legally obligated to comply, it is clear that compliance is still expected as part of broader regulatory scrutiny and safeguarding responsibilities.

Key Implications for Schools:

• Schools must strengthen mobile phone policies to comply with new DfE guidance, potentially including stricter rules or bans during school hours.
• Ofsted inspections will now scrutinise mobile phone policies, requiring schools to show their effectiveness in promoting positive behaviour and safeguarding.

AI in schools: Safeguarding learners and ensuring accountability

AI is increasingly being used in schools for purposes such as personalised learning, monitoring pupil progress, and even detecting signs of learner distress. While the potential benefits are significant, the use of AI also raises important regulatory and safeguarding considerations.

The DfE has issued non-statutory safety standards for AI products in schools, with education secretary Bridget Phillipson emphasising that these measures aim to proactively address emerging risks and safeguard mental health.

 
The guidance outlines the following key principles:

• AI should complement, not replace, human interaction.
• AI products must ensure neutrality in the language used when providing responses.
•  AI should encourage critical thinking by supporting, rather than spoon-feeding, pupils when seeking answers.

Regulatory compliance: A combined approach

The introduction of tougher mobile phone guidance and the growing use of AI in schools reflect broader trends in education regulation. Schools are increasingly expected to demonstrate how their policies and practices promote pupil wellbeing, safeguard against risks, and uphold accountability.

Practical Steps for Schools:

• Consider how your mobile phone, AI policies, child protection and behaviour policies interact. For example, mobile phones may be used to access AI tools, which could create additional safeguarding risks.
• Gather data to show the effectiveness of your policies and systems. This could include feedback from pupils, parents, and staff, as well as measurable outcomes such as improved behaviour or reduced distress signals.
• Ensure policies are regularly reviewed and updated to reflect changing guidance and technological advancements.

Conclusion

The DfE’s tougher stance on mobile phone policies and the growing use of AI in schools signal a shift towards greater regulatory scrutiny in education. Schools must proactively adapt to these changes, ensuring their policies and practices align with legal requirements and promote pupil wellbeing. While the updated guidance is non-statutory, it forms part of a broader government initiative to ensure that the use of technology and AI in schools is effectively monitored to promote the safety and wellbeing of pupils. As a result, unless there is a compelling reason not to, schools will be expected to comply with the guidance. By taking a strategic approach to compliance, schools can not only meet their regulatory obligations but also foster a safe and supportive learning environment for all pupils. 

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For more information or advice, please contact Jen Davie in our Regulatory Compliance team.