Examining electronic devices Clause Samples
Examining electronic devices. School staff have the specific power under the Education and Inspections Act 2006 (which has been increased by the Education Act 2011) to search for and, if necessary, delete inappropriate images or files on pupils’ electronic devices, including mobile phones, iPads and other tablet devices, where they believe there is a ‘good reason’ to do so. When deciding whether there is a good reason to examine or erase data or files on an electronic device, staff must reasonably suspect that the data or file in question has been, or could be, used to: Cause harm, and/or Disrupt teaching, and/or Break any of the school rules If inappropriate material is found on the device, it is up to the staff member in conjunction with the DSL or other member of the senior leadership team to decide whether they should: Delete that material, or Retain it as evidence (of a criminal offence or a breach of school discipline), and/or Report it to the police Any searching of pupils will be carried out in line with the DfE’s latest guidance on screening, searching and confiscation. Any complaints about searching for or deleting inappropriate images or files on pupils’ electronic devices will be dealt with through the school complaints procedure.
Examining electronic devices. The Headteacher/Head of School, and any member of staff authorised to do so by the Headteacher/Head of School (as set out in the School’s behaviour policy, can carry out a search and confiscate any electronic device that they have reasonable grounds for suspecting: Poses a risk to staff or pupils, and/or Is identified in the school rules as a banned item for which a search Make an assessment of how urgent the search is and consider the risk to other pupils and staff. If the search is not urgent, they will seek advice from the Headteacher/Head of School or DSL Explain to the pupil why they are being searched, how the search will happen, and give them the opportunity to ask questions about it Seek the pupil’s co-operation Authorised staff members may examine, and in exceptional circumstances erase, any data or files on an electronic device that they have confiscated where they believe there is a ‘good reason’ to do so. When deciding whether there is a ‘good reason’ to examine data or files on an electronic device, the staff member should reasonably suspect that the device has, or could be used to: Cause harm, and/or Undermine the safe environment of the school or disrupt teaching, and/or Commit an offence If inappropriate material is found on the device, it is up to the staff member in conjunction with the DSL / Headteacher / Head of School / other member of the senior leadership team to decide on a suitable response. If there are images, data or files on the device that staff reasonably suspect are likely to put a person at risk, they will first consider the appropriate safeguarding response. the material is not suspected to be evidence in relation to an offence, staff members may delete it if: They reasonably suspect that its continued existence is likely to cause harm to any person, and/or The pupil and/or the parent/carer refuses to delete the material themselves If a staff member suspects a device may contain an indecent image of a child (also known as a nude or semi-nude image), they will: Confiscate the device and report the incident to the DSL (or equivalent) immediately, who will decide what to do next. The DSL will make the decision in line with the DfE’s latest guidance on screening, searching and confiscation and the UK Council for Internet Safety (UKCIS) guidance on sharing nudes and semi-nudes: advice for education settings working with children and young people Any searching of pupils will be carried out in line with: The DfE’s latest guidance...