Mobile Phones

This offence may apply where a pupil uses, displays, or possesses a mobile phone in breach of school rules, particularly where that use causes disruption, defiance, invasion of privacy, misuse of images or recordings, bullying, harassment, or wider safeguarding concerns.

This guidance should be read alongside the school’s behaviour policy, mobile phone policy, safeguarding policy, online safety policy, and any examination guidance where relevant.

Step 1 – Determining the offence category

You should determine the offence category with reference only to the factors in the tables below. In order to determine the category, you should assess culpability and harm.

Culpability

The level of culpability or blame is worked out by looking at all the factors involved in the incident. If there are elements that point to different levels of blame, you should weigh these up carefully and give the most relevant ones the right amount of importance to reach a fair judgement about the person’s level of responsibility.

A – High culpability

Deliberate and repeated breach of the school’s mobile phone rules
Refusal to hand over the device when reasonably instructed to do so
Filming, photographing, or recording another person without consent
Use of a phone to facilitate bullying, harassment, intimidation, or humiliation
Use of a phone in an area where privacy would reasonably be expected, for example toilets or changing rooms
Recording or sharing an incident involving violence, distress, or vulnerability
Deliberate use of a phone to undermine staff authority or disrupt the school day
Use of the device to access, share, or circulate inappropriate, abusive, or harmful content
Encouraging others to misuse phones or taking a leading role in a group incident
Use of a phone in connection with another serious offence
Deliberate use of a phone during an examination or assessment in breach of clear rules

B – Medium culpability

Deliberate use of a mobile phone during prohibited times despite warnings
Repeated low-level breaches of the school’s mobile phone policy
Use of a phone causing clear disruption to learning or school routines
Passive role in a group where phones are used inappropriately
Recording, photographing, or using the phone in a way that causes concern, but not at the highest level of seriousness
Use of the phone for non-learning purposes after clear reminders
Incident falling between categories A and C

C – Lesser culpability

Accidental or infrequent use of mobile phone
Use of phone due to perceived emergency or urgent personal reasons
Involved through peer pressure
Not turning off the phone after a reminder from staff

Harm

Harm 1

Serious invasion of privacy
Serious psychological or emotional harm caused to another pupil, member of staff, or other person
Serious safeguarding concern created
Significant bullying, humiliation, intimidation, or reputational damage caused through phone use
Serious disruption to the school day, examination process, or school systems
Recording or sharing content that significantly harms the dignity, wellbeing, or safety of another person
Serious compromise of trust, safety, or order in the school

Harm 2

Moderate disruption to learning, routines, or staff time
Clear distress, embarrassment, or upset caused to another person
Misuse of images, recordings, or messages causing concern, but not the most serious consequences
Harm falling between categories 1 and 3 because:
factors are present in 1 and 3 which balance each other out and/or
the harm falls between the factors described in 1 and 3

Harm 3

Minor disruption with limited impact
Brief off-task behaviour
No significant invasion of privacy
No lasting distress caused
Limited wider impact on the school community

Step 2 – Starting point and category range

The starting point applies to all offenders irrespective of personal circumstances or previous exclusions. It is at the school’s discretion how many exclusion days are served externally and internally within each category.

Where mobile phone misuse forms part of a wider incident, headteachers should consider whether this guidance should be used alongside other relevant sections of Sanction Guidelines, for example bullying, social media and online offences, threatening behaviour, false allegations, or assault.

Where the misuse involves filming, privacy breaches, safeguarding concerns, or exam malpractice, the seriousness of the response should reflect that wider context.

Step 3 – Take into consideration Aggravating and Mitigating factors

The school could consider any adjustment for any aggravating or mitigating factors. Below is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender.

Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point of punitive action.

Factors increasing seriousness (Aggravation Factors)

Previous similar breaches of the mobile phone policy
Nature of previous offences and their relevance to the current offence
Time elapsed since previous offences
Repeated refusal to follow staff instructions بشأن phone use or surrender
Deliberate filming, photographing, or recording without consent
Sharing or threatening to share recordings, images, or messages
Use of social media, messaging apps, or group chats to spread harm
Misuse involving a member of staff or a vulnerable pupil
Incident taking place in a private or sensitive area
Misuse during an examination, assessment, or formal school event
Phone use linked to bullying, harassment, intimidation, or another offence
Attempts to conceal the device, delete evidence, or avoid accountability
Significant impact on the wellbeing of others or the reputation of the school

Factors reducing seriousness or reflecting personal mitigation

No previous similar offences or no relevant/recent offences
Genuine remorse
Good character and/or exemplary conduct
Isolated incident
Immediate compliance when challenged
Age and/or lack of maturity
Learning difficulties or Additional Learning Needs
Family circumstances
Genuine misunderstanding or misjudgement in a lower-level incident
Clear evidence that the phone was used because of a perceived emergency

Safeguarding issues should be considered separately and are not necessarily mitigating factors.

Step 4 – Adjust the starting point and category range

Having taken into consideration all aggravating and mitigating factors adjust the starting point as deemed best fit.

Where mobile phone misuse involves repeated defiance, privacy breaches, filming, sharing of harmful content, bullying, or safeguarding concerns, an upward adjustment is likely to be appropriate.

Where the incident is isolated, lower-level, and causes limited harm, with prompt compliance and genuine remorse, a downward adjustment may be appropriate.