Developing a mobile phone policy draft guidance for schools: equality impact assessment [HTML]

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Overview

This Equality Impact Assessment has been undertaken in line with the Welsh Government's Strategic Equality and Human Rights Plan 2025 to 2029 and National Equality Objectives. In particular, it supports National Equality Objective 4, which aims to create a Wales free from discrimination, victimisation, harassment, abuse, hate crime and (or) bullying, against all people. ‘Strategic Equality and Human Rights Plan 2025 to 2029 [HTML]’

New statutory guidance on mobile phone use in schools is intended to support local authorities and schools to develop and implement policies to restrict the use of mobile phones during the school day. The intended outcomes are to improve learner concentration, support wellbeing, reduce disruption to learning, and minimise exposure to online harms, including cyberbullying.

The proposal seeks to:

Advance equality of opportunity through improvements to engagement and attainment for all learners.
Eliminate discrimination by ensuring that any restrictions are applied fairly and consistently and include reasonable adjustments where required.
Promote positive relationships by reducing opportunities for online conflict, harassment and bullying during the school day.

Whilst the proposal is expected to have an overall positive impact, where appropriate, consideration has been given to learners with protected characteristics, for example, through appropriate exemptions to ensure that implementation does not create unintended barriers or disadvantage.

How will the proposal promote equality

The guidance is expected to promote equality by:

Creating a learning environment that benefits all learners, particularly those who may be disproportionately affected by distraction, online harassment or social pressures.
Reducing opportunities for cyberbullying, discriminatory behaviour and harmful online interactions during the school day.
Supporting improved learner wellbeing through increased face-to-face social interaction.
Providing statutory guidance while allowing schools flexibility to respond to individual learner circumstances.
Requiring schools to consider equality impacts and make reasonable adjustments for learners whose mobile phone use is linked to disability, medical needs, communication requirements or additional learning needs (ALN).

The proposal is therefore expected to support equal participation in education while recognising that different learners may require different arrangements to access the same opportunities.

Record of Impacts by protected characteristic

Protected characteristic or group	What are the positive or negative impacts of the proposal?	Reasons for your decision (including evidence)	How will you mitigate impacts?
Age	Positive impact. The guidance relates primarily to compulsory school-age children and young people and aims to support learning, wellbeing and engagement during the school day. Some older pupils may perceive restrictions as a reduction in autonomy.	There is growing demand from families, schools and local authorities for a more consistent approach. The guidance will apply consistently across age groups whilst allowing schools flexibility in implementation.	Guidance should encourage age-appropriate implementation and clear communication with learners and families. Schools may wish to consider how restrictions are applied across different age groups.
Disability	Potential positive and negative impacts. Restricting mobile phones could disadvantage some disabled learners who use phones for accessibility features, communication, medical monitoring, wellbeing support or assistive technology. Positive impacts may arise where reduced distractions improve engagement for some learners. Some learners with ALN may rely on mobile devices for organisation, communication, emotional regulation or access to learning supports.	Disabled learners are not a homogenous group and some may rely on mobile technology to overcome barriers to participation. Without appropriate exemptions, restrictions could indirectly disadvantage some learners.	Guidance should make clear that schools must consider their duties under the Equality Act 2010, including reasonable adjustments. Schools should be able to make exemptions or alternative arrangements where required to meet individual needs. Schools should consider learners with ALN when designing and implementing policies.
Gender Reassignment	No direct impact identified. Some transgender learners may use mobile devices to access support networks or wellbeing resources during the day.	The proposal does not differentiate on the basis of gender reassignment. Any impacts are likely to arise from individual circumstances rather than the protected characteristic itself.	Schools should ensure pastoral and wellbeing support remains accessible through alternative routes and consider individual circumstances where appropriate.
Pregnancy and Maternity	Limited potential impact. Pregnant learners or young mothers may wish to maintain contact with family, carers or support services during the school day.	The proposal applies universally and is not expected to affect this group disproportionately. However, individual needs may arise.	Schools should retain discretion to make reasonable arrangements where safeguarding, health or welfare considerations require access to communication devices.
Race	No direct impact identified. Positive impacts may arise if improved classroom engagement benefits all learners.	The guidance applies equally regardless of race, ethnicity, nationality or migration status. No evidence has been identified that the proposal would affect particular ethnic groups differently.	Continue engagement with stakeholders representing diverse communities and monitor any evidence of differential impacts.
Religion, belief and non-belief	No direct impact identified.	The proposal relates to the use of mobile phones in schools and applies consistently to learners regardless of religion, belief or non-belief, including in faith-based schools. No direct impact has been identified.	No specific mitigation required. Schools should continue to comply with equality duties and accommodate individual needs where appropriate.
Sex or Gender	No direct impact identified. There could be both positive and negative impacts in relation to online harassment, peer pressure or wellbeing.	The proposal applies equally to all genders. Any differential effects are likely to be indirect and linked to patterns of phone use rather than the policy itself.	Schools should continue to address safeguarding, harassment and wellbeing concerns through existing policies and support arrangements.
Sexual Orientation	No direct impact identified. Some learners may use phones to access peer support or wellbeing resources.	The proposal does not differentiate on the basis of sexual orientation. Any impacts are likely to be individual rather than group-based.	Ensure learners have access to pastoral support services and appropriate sources of support during the school day.
Marriage and Civil Partnership	No impact identified.	While this protected characteristic may apply to a small number of learners of statutory school age, the proposal does not distinguish between learners on the basis of marriage or civil partnership status and no differential impacts have been identified.	No mitigation required.
Children and young people up to the age of 18	Significant positive impact intended. The guidance aims to support learning, reduce distractions and promote wellbeing. Some learners may perceive restrictions negatively due to reduced access to personal devices during the school day.	Children and young people are the primary group affected. The proposal seeks to improve educational and wellbeing outcomes whilst supporting schools to establish clear expectations. A Children’s Rights Impact Assessment has been completed as part of this proposal.	Guidance should emphasise learner engagement, communication with families and proportionate implementation. Schools should consider children's rights and learner voice when developing policies.

Human Rights and UN Conventions

Do you think that this policy will have a positive or negative impact on people’s human rights

Human Rights	What are the positive or negative impacts of the proposal?	Reasons for your decision (including evidence)	How will you mitigate negative Impacts?
Article 2 of Protocol 1 – The Right to Education	Overall positive impact. The guidance is intended to support learning, wellbeing, safeguarding and positive behaviour in schools. There is potential for a limited impact on learners' ability to use personal mobile phones during the school day and on aspects of privacy and freedom of expression.	The guidance supports learners' right to education by helping to minimise distractions and disruption to learning. It may also contribute positively to the protection of children from bullying, online harms and inappropriate content. While restrictions on mobile phone use may engage rights relating to privacy and freedom of expression, any interference is likely to be proportionate, justified and in pursuit of legitimate aims such as protecting the rights and wellbeing of others and maintaining an effective educational environment. The guidance does not remove learners' access to education and applies equally to all learners.	Any restrictions should be proportionate, clearly communicated and implemented consistently. Schools should retain flexibility to make reasonable adjustments where required, including for health, disability, wellbeing or safeguarding reasons. Schools should ensure learners and parents understand the rationale for any restrictions and that decisions are made in accordance with existing legal duties and school policies.

Human Rights

What are the positive or negative impacts of the proposal?

Reasons for your decision (including evidence)

How will you mitigate negative Impacts?

Article 2 of Protocol 1 – The Right to Education

Overall positive impact. The guidance is intended to support learning, wellbeing, safeguarding and positive behaviour in schools. There is potential for a limited impact on learners' ability to use personal mobile phones during the school day and on aspects of privacy and freedom of expression.

The guidance supports learners' right to education by helping to minimise distractions and disruption to learning. It may also contribute positively to the protection of children from bullying, online harms and inappropriate content. While restrictions on mobile phone use may engage rights relating to privacy and freedom of expression, any interference is likely to be proportionate, justified and in pursuit of legitimate aims such as protecting the rights and wellbeing of others and maintaining an effective educational environment. The guidance does not remove learners' access to education and applies equally to all learners.

Any restrictions should be proportionate, clearly communicated and implemented consistently. Schools should retain flexibility to make reasonable adjustments where required, including for health, disability, wellbeing or safeguarding reasons. Schools should ensure learners and parents understand the rationale for any restrictions and that decisions are made in accordance with existing legal duties and school policies.

EU/EEA and Swiss Citizens’ Rights

Are there any impacts on the rights of EU, EEA or Swiss citizens protected under the Citizens' Rights Agreements

No impacts have been identified on the rights of EU, EEA or Swiss citizens protected under the Citizens' Rights Agreements. The new statutory guidance on mobile phone use in schools relates solely to the use of mobile devices within schools and does not affect residency rights, access to services, employment rights, or equal treatment provisions. Therefore, no mitigating actions are required and legal advice is not considered necessary in relation to this aspect of the assessment.