The Department for Education has updated its guidance on the Independent School Standards (ISS), a set of regulations which all independent schools in England must adhere to. The guidance is non-statutory, and aims to assist school proprietors, staff and governing bodies in understanding their obligations under the ISS.
The guidance includes six key substantive updates on fundamental British values, sex education, mobile phones in schools, attendance, restrictive interventions, and data protection complaints.
Fundamental British Values
The idea of 'fundamental British values' (including democracy, the rule of law, individual liberty and mutual respect and tolerance) is incorporated across three areas of the ISS: curriculum, teaching and the SMSC ('spiritual, moral, social and cultural') standards.
In terms of the curriculum, the ISS' stated aim is to ensure that pupils' education does not come into conflict with any of the fundamental British values. Examples of content which would contravene this guidance include a history lesson promoting non-democratic political systems, or a religious studies lesson instructing that the requirements of religious law supersede those of English civil or criminal law.
However, even where curriculum content complies with the ISS, teachers may convey their views in a way which undermines fundamental British values, perhaps by suggesting that these fundamental values are incorrect or do not apply to certain communities. In this respect, the guidance reminds schools that school inspectors will check pupils' understanding of fundamental British values as a measure of their teaching.
Regarding SMSC standards, schools can demonstrate their compliance with the ISS by having a clearly set out strategy for embedding the fundamental British values and actively promoting them, including through challenging opinions or behaviours which are inconsistent with these values.
Relationships, Sex and Health Education (RSHE)
The RSHE section reflects Standard 2A and requires schools to ensure pupils receive relationships and sex education, except where a parent requests that their child be excused from sex education [AT1] (a parent cannot withdraw their child from relationships education or to sex education taught as part of the science curriculum).
The guidance reinforces the statutory guidance, which outlines age-appropriate content including families, friendships, online safety, consent, puberty, sexual health and emotional resilience with the aim of preparing young people for life in modern Britain.
Schools must have a separate, written policy for RSHE, explaining what is taught, when and how, and must consult parents before creating or updating this policy.
Mobile Phones in Schools
This section has been updated to reflect the DfE's updated mobile phone policy guidance.
Schools' behaviour policies should specifically address the use of mobile phones by pupils throughout the school day, with all schools being mobile-free environments by default. Where there are exceptions to this, the impact of mobile phones on pupils' behaviour, safety and wellbeing should be monitored, with evidence that mobile phone use is contributing to behavioural issues, bullying and/or mental health being taken as evidence by inspectors that leadership is not taking effective action.
Attendance
Schools should have regard to the relevant sections of the Working Together to Improve School Attendance statutory guidance, consistently promoting the benefits of good attendance and systematically analysing data to identify problems early.
The statutory guidance includes seven key expectations on schools, covering building strong relationships with families, promoting high attendance, having a clear attendance policy, maintaining registers, data monitoring, collaboration with other schools, local authorities and other partners, and being especially considerate of pupils with SEND or other mental/physical needs.
Restrictive Interventions
This section has been updated to reflect changes introduced by the Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025 and acknowledges that, although the use of restrictive interventions (including reasonable force and seclusion) should be exceptional, there will be times when such interventions are necessary to ensure the safety of pupils and the wider school community.
Any staff involved in an incident of restrictive intervention must record that incident in writing as soon as practicable, including details of type and degree of force used and the reason such force was judged necessary. Further, each incident must be reported to parents, unless a pupil is over 20 years old or reporting would be likely to result in significant harm to the pupil. Where there is no parent to whom information could be provided without that being likely to result in significant harm to the pupil, the information must instead be provided to the local authority within whose area the pupil is ordinarily resident.
Data Protection Complaints
Section 164A of the Data Protection Act 2018 is due to come into force in June 2026, requiring data controllers (including schools) to facilitate the making of complaints, acknowledge complaints within 30 days, investigate without undue delay and communicate the outcome promptly.
The updated guidance considers the existing guidance in relation to parental complaints to be compatible with these changes. However, where a complaint is governed by the new data subject complaint provisions, schools will need to ensure they meet the new requirements and that their existing procedures do not pose a conflict.
The overall guidance maintains an emphasis on the continuing obligation to meet all ISS at all times and reminds schools that inspectors, as well as the DfE, will consider the guidance when reporting on whether a school meets the ISS.
Our view
As a minimum, in response to the updated guidance, schools should review their policies and practices across each of the above areas and seek legal advice where required. Further, school proprietors and staff should remember that compliance with the ISS should be treated as an ongoing, embedded commitment, rather than a periodic exercise. Some of the elements of the guidance on Fundamental British Values and RSHE may pose particular challenges for certain faith schools who may need careful advice on ensuring compliance in a manner consistent with the school's stated faith.