Education and Child Matters

I AM L.I.P

I am a Litigant In Person

Search, Screening & Confiscation In Schools

 

WHAT IS A PROHIBITED ITEM?

A prohibited item is one which is not allowed to be brought onto the school premises. 

A few examples of prohibited items are the following:

  1. A knife
  2. A gun
  3. Any weapon
  4. Drugs
  5. Alcohol
  6. Cigarettes
  7. Pornography of any sort 
  8. Fireworks

All schools must list what they deem to be a prohibited item in their school behaviour policy which must be made available to all staff, pupils and parents. Maintained schools are required to do so under section 89 of the education and inspections act 2006. Academy schools are required to do so under the school behaviour (determination and publicising of measures in academies) regulations 2012.

LINK TO SECTION 89 OF THE EDUCATION AND INSPECTIONS ACT 2006

LINK TO THE SCHOOL BEHAVIOUR (DETERMINATION AND PUBLICISING OF MEASURES IN ACADEMIES) REGULATIONS 2012 

As stated above the school will give a list of prohibited items in their behaviour policy. The school will also detail a list of other items which they deem to be prohibited and if brought into school, action can be taken. These other items may not necessarily seem to be prohibited items but according to the school they are. 

CAN A SCHOOL SEARCH A CHILD?

With verbal consent

School staff can search a child for a prohibited item with a child’s verbal consent.

Without verbal consent 

The headteacher or a school staff member given authority by the headteacher can search a child without the child’s consent if they have reason to believe the child is carrying a prohibited item. Please note the following points:

  1. The staff member who does the search whether by consent or no consent should be the same gender as the child.
  2. There should be another school staff member watching the search to ensure the search is conducted according to the law.
  3. If a search of a child is carried out at school, only the outer clothing of the child can be searched or removed from the child’s body. Any clothing worn over underwear cannot be removed. Any clothing that is worn next to the skin cannot be removed. The school staff cannot under any circumstances conduct an intimate search of a child.
  4. Only the police can conduct an intimate search (a strip search) of a child on school premises.
  5. The search must be conducted in a private location on the school premises away from other children.
  6. A search can be conducted on a school trip but should be done privately if possible.

A situation can arise where a school staff member may find themselves or other pupils in danger, they do not have time to call another staff member and may have to conduct an emergency search of a child of the opposite sex and without a witness present. If this happens the staff member who conducted the search must inform senior staff immediately and detail what has happened. 

CAN A MEMBER OF SCHOOL STAFF USE REASONABLE FORCE TO SEARCH A CHILD

Yes they can and this should only be used as a last resort. The staff member must first explain to the child why, how and where a search needs to be carried out and try to get their consent. If the child does not consent then as stated above only a headteacher or a person authorised by the headteacher can conduct a search of a child without consent.

The headteacher or authorised member of staff can use reasonable force to conduct the search but they must have grounds to conduct the search such as:

  1. The item being searched for is a prohibited item not just any item listed in the school’s behaviour policy. 
  2. The search will stop the child from hurting themselves or others.
  3. The search will stop the child damaging property
  4. The search may uncover criminal activity 

SEARCHING YOUR SCHOOL BAG, DESK AND LOCKER

The school can search your child’s school bag, desk, and locker with your child and another school staff individual watching over the search.

The school can also search your child’s school bag, desk, and locker without your child and another school staff individual watching over the search if the school has reasonable grounds to do so.

MOBILE PHONES 

Most schools state in the behaviour policy that they do not accept mobile phone use during the school day. The phone must be switched off and put away in the child’s bag. In some schools the phone is detained at the school office at the start of the day and the child can then collect it from the school office at the end of the day.

If the schools behaviour policy states that a mobile phone is a prohibited item, then the phone can be confiscated. A member of staff can search through the child’s bag, desk and locker for it then confiscate it. 

If a child has used a mobile phone to commit an offence then a school member of staff can go through the phone and delete anything they deem inappropriate or they feel may cause harm to another child or teacher.

The school can call the police and hand over the phone if the school feels a criminal offence has been committed. This could be the discovery of nude pictures of a child on the phone. If a teacher finds any images or data on a confiscated phone that they feel is a criminal offence, they should not delete the images or data or look at them but instead inform a senior member of staff to call the police.

CONFISCATION

The school can confiscate an item from a child if the school has reasonable grounds to do so.The school can also keep or dispose of the item and they can do this legally as a form of discipline under section 91 of the education and inspections act 2006. 

LINK TO SECTION 91 OF THE EDUCATION AND INSPECTIONS ACT 2006

The following are reasonable grounds for confiscating an item:

  1. The item will cause hurt to other children or staff.
  2. The item is dangerous
  3. The item is prohibited
  4. The child used the item in committing a criminal offence.

CAN A SCHOOL SCREEN A CHILD?

Yes they can. Anyone entering a school including children can be forced to be screened using a hand-held or a walk through detector by any member of school staff. A school can refuse entry to any person or child who refuses to be screened. If a child is refused entry to a school it is deemed as an authorised absence.

IF YOU WANT TO COMPLAIN ABOUT A SEARCH

If you feel a search of a child was unwarranted and inappropriate then you can make a complaint. You must complain to the school in the first instance and follow the school complaints procedure.

LINK TO OUR L.I.P HELP GUIDE FOR COMPLAINING TO AND ABOUT UK EDUCATION ESTABLISHMENTS