Introduction
Searching
Screening
Confiscation
More information
 

Introduction

Schools have a number of powers with regard to the searching of pupils, as outlined in the Department for Education’s Searching, screening and confiscation at school guidance.

The guidance covers a number of important areas, including powers to search without consent, prohibited items school can search for, and the powers to confiscate items found during searches.

This guidance has recently been reviewed following recommendations from the safeguarding review of the ‘Child Q’ case. The details of this case can be viewed below.

The key points of the updated guidance are summarised below and the full document can be viewed on the Gov.uk’s Searching, screening and confiscation at school web page. This comes into force on 1 September 2022.

The NASUWT has engaged with the DfE on this matter and will continue to seek opportunities to do so. Our priority will remain focused on representing our members’ best interests and those of the children and young people they teach.

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Searching

The guidance sets out the role that searching can play in ensuring schools are safe environments for all pupils and staff. Headteachers, and staff they authorise, have a statutory power to search a pupil or their possessions where they have reasonable grounds to suspect that the pupil may have a prohibited item or any other item that the school rules identify as an item which may be searched for.

These items are listed on the Searching, screening and confiscation at school web page.

The school’s behaviour policy should outline the banned items for which a search can be made. This must include the list of prohibited items listed in the guidance, as well as any other items which a headteacher has decided are detrimental to maintaining high standards of behaviour and a safe environment.

The NASUWT has produced guidance for members on Developing a Behaviour Management Policy.

The guidance makes it clear that only the headteacher or a member of staff authorised by the headteacher can carry out a search. The headteacher can authorise members of staff to search for all items set out in the school’s behaviour policy or specific items. The guidance demonstrates this through the example that a member of staff may be authorised to search for stolen property and alcohol but not for weapons or drugs.

NASUWT position

The NASUWT holds a long-standing position that teachers should not be involved in searching pupils. This is because it can jeopardise their physical and mental safety, cause damage to teacher/pupil relationships and expose teachers to an increased risk of allegations of assault or inappropriate physical contact.

Teachers cannot be compelled to use these powers. Schools have the right to utilise the expertise of the police and/or appropriately trained, external security personnel to carry out necessary searches of pupils. This is a far better approach than involving teachers.

If a school does decide to use the statutory powers granted to them, the Union asserts that only members of the senior management who have school security as part of their role, and/or the headteacher, should be authorised to conduct ‘without consent’ searches.

In circumstances where a members of staff forms a reasonable suspicion that a pupil has a prohibited item, the NASUWT would advise that they should immediately notify the headteacher and/or authorised member of senior staff, who would then be responsible for commissioning the search.

Paragraph 11 of the guidance supports this position, stating that, ‘The headteacher may not require any other member of staff to undertake a search if they refuse.’

Before and during a search

The guidance states that before any search takes place, the member of staff conducting the search should explain to the pupil the reason they are being searched. They should explain to the pupil how and where the search is going to take place and give them the opportunity to ask any questions.

The authorised member of staff should always seek the co-operation of the pupil before conducting a search. If a pupil refuses to co-operate, they can be sanctioned in line with the school’s behaviour policy.

If the member of staff still believes a search to be necessary, they should seek the advice of the headteacher, designated safeguarding lead, or deputy, or a member of pastoral staff. The guidance sets out that the member of staff should assess whether it is appropriate to use reasonable force to conduct the search. This is only applicable to a search for prohibited items, not for items that are identified only in the school rules.

An appropriate location for the search should be found. Where possible, this should be away from other pupils.

The law states the member of staff conducting the search must be of the same sex as the pupil being searched. There must also be another member of staff present as a witness to the search.

The only exception where a member of staff can search a pupil of the opposite sex and/or without a witness present is:

• if the member of staff carrying out the search reasonably believes there is risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency; and

• in the time available, it is not reasonably practicable for the search to be carried out by a member of staff who is same sex as the pupil or it is not reasonably practicable for the search to be carried out in the presence of another member of staff.

When a member of staff conducts a search without a witness, they should immediately report this to another member of staff and ensure a record of the search is kept.

NASUWT position

We believe that school staff authorised to conduct searches should not use force if a pupil resists. Through the Union’s extensive casework experience, we recognise that this can escalate the situation. It also makes members of staff more likely to be at risk of physical assault by pupils and/or allegations of assaults being made against them. If a pupil resists the search, the member of staff should stop the search and call the police.

Strip searching

Strip searches on school premises can only be carried out by police officers.

The guidance does, however, reference that while the decision to undertake the strip search and how it is conducted are police matters, school staff must retain their duty of care to the pupil(s) involved and should advocate for pupil wellbeing at all times.

The guidance makes clear the process the police must follow during a strip search and also states that parents should always be informed by a staff member once a strip search has taken place.

Schools should also keep a record of strip searches that have been conducted on school premises and monitor them for any trends or patterns.

NASUWT position

The section on strip searching includes a direction that schools should always ensure that other appropriate, less invasive approaches have been exhausted. The Union would agree this is a sensible approach.

The same paragraph also suggests that staff should consider whether introducing the potential for a strip search through police involvement is absolutely necessary. Given that the decision whether to conduct a strip search lies with the police not the school, we can see no valid reason a school should be hesitant in contacting the police. It is for the police to determine whether a strip search is appropriate and lawful.

The Safeguarding Review of the Child Q case recommended that schools should ask questions and challenge the police if appropriate.

It did not recommend that schools should decide not to call the police in case they decide to conduct a strip search. Therefore, we would advise schools to call the police in any circumstances where they feel further action beyond their powers is required.

Recording searches

As well as keeping record of strip searches, the guidance outlines that any search by a member of staff for a prohibited item and all searches conducted by police officers should be recorded in the school’s safeguarding reporting system. The record needs to include whether or not an item was found.

Headteachers can also determine that all searches for items banned by the school rules should be recorded as well.

Recording and monitoring patterns and trends is especially important in light of schools’ legal duty to ensure that their practices do not impact adversely and disproportionately on children and young people with protected characteristics. Schools should use the information gathered through such monitoring to consider the experiences of pupils with protected characteristics and, where necessary, identify and implement measures to tackle practices that discriminate against these pupils.

Screening

The guidance makes it clear that schools hold a statutory power to make rules on behaviour. Combined with their duties as employers with regard to the safety of staff, pupils and visitors, schools can impose a requirement that pupils undergo screening.

Screening is defined as the use of a walk-through or hand-held metal detector, an arch or wand, to scan all pupils for weapons before they enter the school premises.

If a headteacher decides to introduce screening, they should inform pupils and parents in advance to explain what the screening will involve and why it is being introduced.

Where a pupil has a disability, schools should make any reasonable adjustments to the screening process that may be required.

The guidance also states that if a pupil refuses to be screened, the member of staff should consider why the pupil is not co-operating. They can then make an assessment of whether it is necessary to carry out a search.

Confiscation

The section on confiscation sets out that an authorised staff member carrying out a search can confiscate any item they have reasonable grounds for suspecting poses a risk to staff or pupils. Prohibited or items banned by the school can also be confiscated, as can an item that is suspected of being evidence in relation to an offence.

The guidance details the appropriate next steps that should be taken when finding a prohibited or banned item. These include retention, disposal or delivery to the police. This  can be read under the confiscation section of the guidance.

NASUWT position

The guidance states that when alcohol, tobacco, cigarette papers or fireworks are found as a result of a search, they can be retained or disposed of as the school thinks appropriate. They should not be returned to the pupil.

The NASUWT strongly believes there is no reason to retain these items. It leaves the member of staff who found the item open to accusation of inappropriate disposal that would contravene the professional standards expected of school staff.

Confiscation as a disciplinary penalty

Schools’ general power to discipline enables a member of staff to confiscate, retain or dispose of a pupil’s property as a disciplinary penalty where it is reasonable to do so. The law protects members of staff from liability in any proceedings brought against them for any loss of, or damage to, any item they have confiscated provided they acted lawfully.

More information

Further advice and guidance on behaviour management can be found and accessed through the NASUWT’s main Behaviour Management for Teachers in the Classroom page.

If you have a concern about the way in which behaviour is being managed in your school, you should seek advice and support from the NASUWT immediately.

 

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