Safeguarding: Criminal Searches of Children Following Child Q

This blog is based on Judicium’s Safeguarding ‘Sofa Session’ from the 8th of March, with our resident expert James Simoniti. This session focused on your powers in relation to searching pupils, safeguarding children being searched, and implementing a child-focused searching policy at your school.

What is the background of the Child Q incident and police searches in schools? 

The search of Child Q in 2020 led to huge questions about searching children in schools and the role of the police, which has left leaders in education thinking about how they can ensure it is done safely in their settings, with a consideration of the impact it has on the children involved.

For context it is important to know some of the key facts of the Child Q incident.

Child Q was a secondary aged female pupil who attended a school in London. The Local Child Safeguarding Practice Review set out the following:

• School staff noted that she smelt of cannabis.
• She denied having any cannabis in her possession and was searched by staff.
• No cannabis was found, and the school then spoke with their Safer Schools Officer, who advised them to call the police.
• The police attended and conducted a strip search which again found no cannabis.
• The search was conducted without the child’s parents being informed, without an Appropriate Adult being present and while the girl was menstruating.
• Also of relevance was Child Q’s race. She was black – which led the subsequent review to determine that ‘adultification’ had taken place.
• Ultimately, the review concluded that the school had an insufficient focus on the safeguarding needs of Child Q when responding to concerns about suspected drug use and the police were also heavily criticised. You can read the review HERE.

NB: It’s important to distinguish between ‘searching’ and ‘screening’, as often they are lumped together. ‘Searching’ means looking for something on the pupil or in their possession. ‘Screening’ means using a metal detector or ‘knife arch’ to scan pupils for weapons.

Your powers in relation to searching pupils

The power to search pupils is embedded in the Education Act 1996; however, schools will need a good reason to use this power.

Statutory guidance says that schools can search in order to ‘provide a safe environment where all can learn… and to maintain high standards of behaviour through which pupils can learn and thrive’.

In practice, the main reason why pupils are searched is to keep others in the school safe, including the pupil themselves, other pupils and staff too. For example, searching a pupil who has brought in a razorblade to harm themselves. 

As it is an intrusive action, searching should be a last resort. All other options should have been exhausted before a search takes place, i.e., asking the pupil to hand over the item, or checking CCTV.

The member of staff must have reasonable grounds to suspect the pupil is in possession of the item.

What items can be searched for?

Prohibited items

Items that are listed in legislation by the DfE and are fixed, such as:

1. Weapons – including knives, firearms, knuckle dusters. etc.
2. Any item a staff member suspects is likely to be used to cause personal injury, e.g., a drinks bottle filled with acid that the staff member suspects will be used to attack another pupil.
3. Alcohol, tobacco and illegal drugs
4. Stolen items

Banned items

Items the school rules, (usually within the behaviour policy), identify as an item that can be searched for. There is no exhaustive list, but it could include items such as mobile phones or stink bombs.

Schools can search for both prohibited and banned items.

This distinction between prohibited and banned items is important because schools can use reasonable force to search for prohibited items – but not banned items.

It is vital searches using reasonable force should only be carried out by trained members of staff, as they could lead to escalation or injury.

Who can search and where can they do it?

The Headteacher or a member of staff authorised by the Headteacher can search a pupil. This can include school security.

The person searching must be the same sex and there must also be a same-sex witness present, unless exceptional circumstances apply.

Searches should take place outside of the view of other pupils, unless they are urgent, or the pupil makes this impossible.

What role do the police play in these searches?

Schools may only search outer clothing, pockets, and possessions. They have no power to search anything beyond this – which is where the police may step in.

The police have these powers known as ‘strip searching.’

NB: Some police officers may refer to such searches as ‘further searches’ or ‘more thorough searches.’

Therefore, schools may wish to contact the police to conduct a ‘strip search’ when they have been unable to find a prohibited item following a search. They would not do this for a banned item.

When the police become involved in a search, the school loses the autonomy and control over that search as police officers can conduct a search even if you tell them not to.

Ultimately, they will decide if they will use their powers. However, what is important is that you challenge any decisions you are not comfortable with.

Safeguarding children being searched

What do schools need to know before they search pupils? 

First and foremost, there should be a dialogue with the pupil prior to any search taking place, even if they have been searched previously. It should include:

• Why is the search taking place?
• Why is it that specific member of staff who will be searching that pupil?
• Give the pupil an opportunity to ask any questions.

The pupil should be given an opportunity to co-operate with the search. If they choose not to co-operate, staff should explore why.

It may also be appropriate to involve members of staff who know the pupil well as the pupil may be more willing to speak with these members of staff, and they may have a better understanding of why the pupil may be hesitant.

Force should only be used as a last resort on prohibited items only.

If a child does not comply with a search for banned items, the school can use their behaviour policy to address this.

What should schools do after they've searched a pupil? 

The Designated Safeguarding Lead (DSL) should be made aware of any search finding a prohibited or banned item, as it could indicate that the child is at risk of harm. For example, if a child is searched and a quantity of Class A drugs and a knife are found, it could well imply that the pupil is being criminally exploited.

The DSL should consider whether to make a referral to children’s social care if they believe that the child is at risk of harm. This does not only have to be prohibited items. Banned items may also indicate that the child is at risk. For example, several mobile phones could also suggest that they are being exploited.

Parents should be informed following a search. Guidance states that they only need to be informed following a search for prohibited items. However, our best practice advice is that they are informed of every search, for a consistent approach and to ensure clarity.

Schools may also wish to consider sanctions.

What do schools need to know when the police are involved in searching pupils?

Prior to contacting the police, schools must carefully consider whether such action is appropriate, bearing in mind that a ‘strip search’ may take place.

Such searches are very likely to be distressing for pupils – especially when taking place in school. The role of the school during such searches is to advocate for the welfare of the child.

An Appropriate Adult

When a ‘strip search’ takes place, the child must be provided with an ‘Appropriate Adult’ (AA).

• The role of the Appropriate Adult is to safeguard the rights, entitlements and welfare of young people being subjected to police powers.
• Usually, it will be a parent/carer
• The AA should be the same sex as the pupil unless the pupil requests otherwise.
• There are exceptional circumstances when a ‘strip search’ may take place without an AA, e.g., when there is a risk of serious harm OR the pupil states, in the presence of the AA, that they wish for the search to take place without them present AND they agree to it.

Challenge

If police attend and you are not happy with a proposed course of action – tell them.

Schools should not simply defer to the authority of the police and should question decisions when they disagree. Furthermore, officers attending are likely to be uniformed officer who do not have expertise in working with children.

Make sure any challenge is recorded and do not be afraid to ask to speak to their ‘Sergeant’ if you are finding this difficult.

Consider what will be put in place to support a pupil following a ‘strip search’. Give them a chance to have a debrief with a trusted adult at the school and ensure they know how to make a compliant if they feel that they have not been treated fairly.

1. Ensure that you keep good records

• • Record what happened, why the search was carried out and any challenges to any partner agencies.
  • You may also wish to record the ethnicity and gender of those being searched to help you get a deeper understanding of what is taking place at your school. If you have a trend around ethnicities or genders, what can that tell you and how can you address this?

2. Involve your Governors and Trustees

• • Governors should hold you to account over searching in the school. Using the above recorded data, they should be able to see trends and patterns in searching at the school.
  • For example, they could see that the number of searches taking place has dramatically increased this term, and, as a result, could question this and ask what was being put in place to mitigate it.

3. Hear the voice of the child and empower them

• • Debriefing children after they have been searched is very important. As we have seen with Child Q, it can be a very distressing experience that has significant consequences on their mental health.
  • Make sure they are given a chance to talk about what has happened and are supported following any ‘strip search’. In the record you make of the search, try to capture the voice of the child for best practice.
  • Consider educating pupils in their rights when being searched.

4. Train staff

• • If staff in your school are conducting searches using force, it’s important they are appropriately trained.
  • Talk with staff about ‘Adultification Bias’ - this is when a child is seen as being more mature and ‘adult-like’ than they actually are. This can be problematic, as the child is less likely to be seen as vulnerable and may not be appropriately safeguarded as a result. NB: There are concerns that black children are more likely to be victims of adultification and thus more at risk.
  • Staff should feel confident in challenging senior leaders around searches where they have concerns.

5. Involve the DSL and Headteacher

• • Whilst these do not necessarily need to be the staff searching, they should be kept informed around searches in the school.
  • Whenever the police are called, we strongly advise that the Headteacher makes this decision to ensure it is carefully considered and the DSL should be involved in this decision-making process.
  • Ultimately, stakes are high and this might support having staff with the authority and confidence to challenge where needed.

 

The Child Q Child Safeguarding Practice Review listed 14 recommendations to improve practice around searching children, including emphasising the importance of record keeping, speaking with pupils about searching and ‘adultification’ training. The five points mentioned above are practical ways in which you can incorporate some of the recommendations from the Child Q report at your school.

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