Parents heading for court to make smartphones in schools illegal

Who’s involved & what’s happening?
Two UK fathers, Will Orr‑Ewing and Pete Montgomery, supported by their campaign Smartphone Free Childhood and funded by charities, have launched legal proceedings against the Department for Education via Generation Alpha CIC. They are seeking a judicial review to force a nationwide ban on smartphones in schools.

Why are they taking action?
They argue that current policies inadequately protect children. Smartphones, they say, facilitate access to pornography, online predators, cyberbullying, and even secret filming. Some schools allow devices during sports events or trips, and students sometimes bypass bans using “burner” phones.

Legal basis:
Their case claims that allowing smartphones breaches children’s rights under the European Convention on Human Rights:

  • Article 3 – protection from degrading treatment, such as sexualized bullying.
  • Article 2 – right to life, citing self-harm or suicide content.
  • Article 8 – privacy rights, with incidents of secret filming.

What they want instead:
Only basic “brick” phones (calls/texts only, no internet) should be permitted on school grounds.

Official response:

  • Department for Education insists existing guidance allows schools to ban phones and has 14 days to respond.
  • Nick Gibb, former schools minister, and other critics support statutory bans to ease enforcement burdens.

Evidence & impact:
In Kent, one school saw a 40% drop in detentions, 80% fewer online-related incidents, 75% less truancy, and livelier social interaction once phones were banned

This isn’t just about enforcement, it’s a rights-based challenge urging clarity and uniform standards. If successful, the case could lead to a mandatory nationwide ban on smartphones within schools, across all school activities, shaping future policy.

Read the article in The Times

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