Claimants to challenge Government in High Court over smartphone use in schools

Will Orr-Ewing and Pete Montgomery first notified the Education Secretary, Bridget Phillipson, in July that they would pursue legal action, arguing that current guidance, which allows headteachers to decide how smartphones are used, is unlawful and unsafe for children.

Since then, a teenage girl and a mum-of-three, Katie Moore, have also joined as claimants, with 17-year-old Flossie McShea arguing that the Secretary of State failed to protect her, and millions of children like her, from harms inflicted through smartphones during the school day.

Representing the claimants, Conrathe Gardner LLP said: "From Year 7 onwards [Miss] McShea was exposed to horrific images and videos, including pornography, a shooting and a beheading, as well as threatening messages – sent and viewed on smartphones during the school day."

The Law firm noted there is “extensive evidence” that the ‘no-see, no-hear’ smartphone policy recommended in the current government guidance, and implemented by 79% of secondary schools, does not work.

The claimants are seeking declarations from the High Court that:
1. “the SoS’s failure to include a requirement that schools prohibit children from having access to smartphones in school settings in KSCIE 2025 is unlawful” and/or
2. “the SoS’s ongoing failure to introduce statutory or non-statutory guidance requiring schools to prohibit children from having access to smartphones in school settings is unlawful” and/or
3. “the SoS has acted unlawfully, in breach of her statutory and/or Convention duties to safeguard and promote the welfare of children, by failing to take reasonable measures to ensure that schools protect pupils, while under their care or supervision, from serious and avoidable harms arising from pupils’ personal, unsupervised access to the internet through smartphones.”

James Gardner of Conrathe Gardner LLP, acting for the claimants, said: “The Government is well aware of the serious harms caused to children as a result of smartphones in school settings. They had a golden opportunity to put it right with a national ban when they issued safeguarding guidance this autumn – but they decided to ignore the problem once again. Bridget Phillipson is putting the nation’s children in harm’s way.”

A Government spokesperson said: “Phones have no place in our schools, and leaders already have the power to ban phones. Research from the Children’s Commissioner shows that 99.8% of primary schools and 90% of secondary schools already have policies restricting the use of mobile phones.

“We support headteachers to take the necessary steps to prevent disruption, backed by clear guidance, and have also brought in better protections for children from harmful content through the Online Safety Act.”

Lottie Winson