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Pupils aren’t covered by the staff policy. Bringing them into scope is a deliberate, carefully guarded decision. It shouldn’t happen by default, and it shouldn’t be allowed to creep in.
What it is
An optional module that extends the policy to pupil use of AI, but only once both conditions are in place: first, a DPIA completed for the specific tools and processing; and second, an age-appropriate AI education plan covering AI literacy, misinformation, deepfakes and responsible use. If pupil use isn’t permitted, you should delete the module, and pupils stay out of scope.
Why it’s important
Two things are easy to confuse, and mustn’t be. A tool’s terms may require parent or guardian agreement for younger users; a named person obtains and records that. Separately, your UK GDPR lawful basis for processing pupils’ data comes from the DPIA, and will rarely be consent. Where a pupil-facing tool processes children’s data, the ICO Children’s Code applies: the child’s best interests come first, settings default to high privacy, and profiling is off by default. Using a tool below its stated minimum age, or without the agreement it requires, is likely to breach both the tool’s terms and data protection law.
Pupils are taught what AI can and can’t do: how to recognise deepfakes, misinformation and impersonation, and how to avoid over-reliance, including on tools that simulate conversation or companionship. Declining pupil use, where meeting these conditions isn’t practical, is a perfectly reasonable and defensible choice.
Guidance it speaks to
- ICO Children’s Code, wherever children’s data is involved.
- Keeping Children Safe in Education 2026 — the statutory safeguarding baseline from 1 September 2026.
- UK GDPR & Data Protection Act 2018 (as amended by the Data (Use and Access) Act 2025); ICO guidance on AI and the ICO AI & data protection risk toolkit.
- Online Safety Act 2023 and the Ofcom Protection of Children code of practice.
- DfE position on generative AI in education and the DfE generative AI product safety standards (January 2026).
A non-negotiable
Don’t bring pupils into scope until a DPIA and an age-appropriate AI education plan are both in place. Enabling pupil use without them is the most common way a sound policy becomes indefensible.