Independent School Standards guidance (April 2026): key changes and compliance considerations

The Independent School Standards guidance has been updated by the Department for Education (DfE). The refreshed guidance brings together key developments since 2019 and is essential reading for governing bodies, staff and proprietors of independent schools and academies [1] .

Why this matters

For most independent schools, the guidance will confirm existing practice; however, it also flags updated areas that schools should review to support ongoing compliance and inspection readiness. Below, we summarise the six key substantive updates that the DfE describe as meriting “particular consideration”.

1) Fundamental British Values – compliance beyond the curriculum

The updated guidance reinforces that an independent school’s [2] curriculum and wider provision must not conflict with, or undermine, fundamental British values. Schools are unlikely to meet the Independent School Standards (ISS) where policies or teaching materials promote belief systems that are inconsistent with democracy, the rule of law or mutual respect, or where pupils are led to believe that individuals of certain faiths or beliefs (or none) are not entitled to equal respect.

The guidance confirms that schools may teach about different belief systems and encourage debate, provided this does not promote non-democratic systems, undermine the primacy of English law, or suggest that religious or philosophical beliefs justify disregarding legal requirements. However, decisions about curriculum content and teaching materials, including any redaction or editing, should not compromise curriculum breadth or pupils’ ability to access and succeed in examinations.

Schools must actively promote each of the fundamental British values and be able to demonstrate a clear, coherent approach across curriculum, pastoral and wider school life (including pupil voice, extracurricular activities and exposure to a range of beliefs), with appropriate adjustments for pupils with special educational needs - isolated activities (for example, context free mock elections) are unlikely to be sufficient. Even where curriculum materials are compliant, the guidance cautions that fundamental British values may be undermined if teaching presents them as incorrect, optional or inapplicable to certain groups, and inspectors will consider pupils’ age-appropriate understanding as an important indicator of how effectively these values are conveyed in practice. 

While aimed at maintained schools, Promoting fundamental British values as part of SMSC is highlighted in the guidance as a useful resource for independent schools in this context.

2) Relationships Sex and Health Education – policy, content and parental engagement

The updated guidance pulls together the Relationships Sex and Health Education (RSHE) expectations that sit behind Standard 2A of the ISS and the Relationships Education, Relationships and Sex Education and Health Education statutory guidance (RSHE guidance).

The guidance reinforces the statutory requirement for schools to provide relationships education (primary school age pupils) and relationships and sex education (secondary education). This requirement is subject only to a parent’s limited right to withdraw their child from sex education (n.b. parents cannot withdraw a child from relationships education, or from any sex education taught as part of the science curriculum).

School must have regard to the RSHE guidance when providing relationships and/or relationships/sex education. This sets out age-appropriate content for primary and secondary pupils and emphasises the importance of safeguarding and inclusivity.

A separate, written policy on relationships education (for primary pupils) and relationships and sex education (for secondary pupils) is required, clearly setting out what is taught, when and how. The policy must be kept under review and schools must consult parents when creating or updating it, including sharing a draft, inviting comments and genuinely considering responses before finalising or revising.

3) Mobile phones in schools – mobile-free by default

The updated guidance aligns with the DfE’s Mobile phones in schools guidance (which, following the Royal Assent of the Children’s Wellbeing and Schools Act 2026 now has statutory force). It reinforces the expectation that schools should be mobile-free environments by default, with an alternative approach taken only by exception. 

The guidance confirms that mobile phone expectations should be included in the school’s behaviour policy and cover the whole school day (lessons, breaks and lunchtimes). For boarding schools, it also recommends setting out expectations for the remainder of pupils’ time at school.

4) Attendance in schools – aligning with the statutory framework

The updated guidance reflects key developments in attendance law and policy since 2019. In particular, it aligns with the School Attendance (Pupil Registration) (England) Regulations 2024 and the DfE’s Working Together to Improve School Attendance guidance. Schools should focus on proactive strategies to promote good attendance, intervene early when patterns of absence emerge and work closely with families and partners. Robust attendance policies, register keeping and escalation processes are emphasised, alongside the importance of joined-up working with local authorities and other agencies where appropriate. 

The guidance also reminds schools of the need to consider the particular circumstances of pupils with SEND or health needs when addressing attendance issues. Attendance is an area of increasing scrutiny for inspectors, who will also check compliance with notification requirements to local authorities and the correct maintenance of admissions and attendance registers.

5) Restrictive interventions, reasonable force and seclusion – records and reporting

The changes brought in by the Schools (Recording and Reporting of Seclusion and Restraint) (No. 2) (England) Regulations 2025 are reflected in the new guidance. These impose new requirements in relation to how schools record and communicate incidents involving restraint, reasonable force and seclusion. The guidance recognises that, while the use of restrictive interventions, including reasonable force and seclusion should remain exceptional, there may be circumstances where such measures are necessary to protect the safety of pupils and others within the school community.

Where restrictive intervention is used, prompt and accurate record keeping is key: a written record of the intervention must be made as soon as practicable (ideally the same day). This requirement applies even if restrictive interventions are part of an agreed behaviour support plan. Records must contain (as a minimum) the information specified in the Restrictive interventions, including use of reasonable force, in schools guidance.

Each incident must also be reported to parents, unless the pupil is over 20 years old or notification would be likely to result in significant harm to the pupil. Where there is no parent who can be informed without that risk arising, the information must instead be provided to the relevant local authority.

6) Data protection complaints – preparing for June 2026

The updated guidance reflects amendments to the Data Protection Act 2018 which are due to take effect in June 2026. These will require schools to have clear arrangements for handling data protection complaints. Schools will be required to acknowledge complaints within 30 days, investigate complaints without undue delay and communicate the outcome to complainants promptly. 

The guidance highlights the ICO’s advice on preparing to handle data protection complaints and makes clear that schools do not need to introduce a separate standalone procedure. However, if schools rely on existing parental complaints procedures, these should be reviewed and adapted to meet the new statutory requirements and to avoid inconsistency.

What should schools do now?

The following steps can help schools demonstrate compliance, reduce risk and prepare for inspection. 

• Review and, where appropriate, update key policies and procedures to reflect the revised ISS guidance. 

• Ensure that staff training and day-to-day practice align with policies and regulatory requirements, particularly in areas such as mobile phones, RSHE, restrictive interventions and attendance. 

• Check that record keeping and reporting processes (including for restraint, reasonable force and seclusion) meet the new requirements and that your complaints processes are ready for the June 2026 data protection changes.

How Stone King can help

We can support schools with a focused ISS compliance review, drafting or refreshing key policies (including behaviour, RSHE, attendance, restrictive interventions and complaints), and by providing practical training for governors and staff. If you would like to discuss what the April 2026 guidance (and broader changes) means for your school, please get in touch.

Footnotes:

1. References to schools and independent schools in this article include academies. The Independent School Standards apply to academies with the exception of specific provisions relating to curriculum, teaching and the provision of certain types of information to parents, prospective parents, inspectors and the Secretary of State.
2. Note that whilst technically this part of the guidance does not apply to academies because the curriculum standard (paragraph 2 of the Schedule of the Independent School Standards) only applies to independent schools, in practice this is useful guidance because academies are required under their funding agreements to actively promote fundamental British values