Yes, where your school’s policy has been breached — and DfE goes further than most staff expect.
It says heads are backed to confiscate for whatever length of time they judge proportionate, and that the law protects staff from liability for loss or damage to a confiscated item, provided they acted lawfully. The test is proportionality, not a fixed maximum. This is a power teachers routinely believe is riskier than it is.
updated 28 Jun 2026last checked 17 Sept 2026
What the source actually says
On the power and the length:
“Headteachers are backed by DfE to confiscate mobile phones and similar devices, if they consider it proportionate, for whatever length of time they deem proportionate.”
— Mobile phones in schools, DfE, statutory guidance, “The use of sanctions” DfE
On staff being protected:
“Schools should feel confident to use their power to confiscate mobile phones or similar devices as a disciplinary penalty where their policy is clearly breached, for instance where a mobile phone is used by a pupil or is heard ringing in a pupil’s bag. The law protects staff from liability in any proceedings brought against them for any loss or damage to items they have confiscated as a sanction, providing they have acted lawfully. Staff should consider whether the confiscation is proportionate and consider any special circumstances relevant to the case.”
— Mobile phones in schools, DfE, statutory guidance, “The use of sanctions” DfE
The status of this guidance, in its own words:
“This guidance became statutory on 29 June 2026.”
— Mobile phones in schools, DfE, statutory guidance, opening lines (under the heading “Mobile phones in schools”, immediately before “About this guidance”) DfE
“Schools should begin following it from 1 September 2026”
— Mobile phones in schools, DfE, statutory guidance, opening lines (under the heading “Mobile phones in schools”, immediately before “About this guidance”) DfE
Your school may still require it
Your school can lawfully decide how confiscation works in practice — who takes the phone, where it is stored, whether it goes back at the end of the day or is collected by a parent, and when a senior leader has to be involved. Follow your school’s policy; the DfE position is that the power is there and that acting lawfully within it does not leave you personally exposed.
See also Do I have to give a confiscated item back? and Am I banned from using my own phone during the school day?.