Power of Search. The Headteacher and authorised staff have the power to search students, without consent, when they have reasonable grounds for suspecting that a student has a prohibited item or has broken the law. If a student refuses to co-operate, the member of staff may sanction the student in line with the School’s Behaviour Policy, ensuring that they are responding to misbehaviour consistently and fairly. Prohibited items or illegal content include the following: • knives or weapons; • alcohol; • illegal drugs; • vapes; • stolen items; • tobacco and cigarette papers; • fireworks; • pornographic images or content; • abusive images or content (racial, homophobic etc.) • any article that a member of staff reasonably suspects has been, or is likely to be, used to commit an offence or injure a person or damage property; and • any item which a school policy specifies as banned and able to be searched for. When exercising their powers, schools must consider the age and needs of students being searched or screened. This includes the individual needs or learning difficulties of students with Special Educational Needs (SEN) and making reasonable adjustments that may be required where a student has a disability. Searches must be carried out by a member of staff of the same sex as the student being searched; and there must be a witness (also a staff member) and, if possible, they should be the same sex as the student being searched. There is a limited exception to this rule. We can carry out a search of a student of the opposite sex and/or without a witness present where we reasonably believe that there is a risk that serious harm will be caused to a person if the search is not conducted immediately and where it is not reasonably practicable to summon another member of staff. If a student identifies as a different gender from their biological sex an agreement will be reached about the most appropriate sex. The search may be carried out on school premises or anywhere else where students are under the charge of the member of staff conducting the search, such as during an off-site educational visit. Staff may lawfully search electronic devices, without consent or parental permission, if there is a suspicion that the student has a device prohibited by school rules, or the staff member has good reason to suspect the device may be used to cause harm, disrupt teaching, break school rules, commit an offence, cause personal injury or damage property. Any data, files or images that are be...
Power of Search. The Headteacher and staff authorised by them can search a student for any item if the student agrees. Written consent is not required. Where a student refuses to consent to a search then an appropriate sanction, consistent with the Behaviour Policy, can be invoked. The Headteacher and staff authorised by them have a statutory power to search students or their possessions, without consent, where they have reasonable grounds for suspecting that the student may have a prohibited item. Prohibited items are listed under ‘Confiscation: Prohibited items’ above. The Headteacher and authorised staff can also search for any item banned by the School Code of Conduct which has been identified in the rules as an item which may be searched for. The person conducting the search must be the same sex as the student being searched; and there must be a witness (also a staff member) and, if at all possible, they should be the same sex as the student being searched. Where you reasonably believe that there is a risk that serious harm will be caused to a person if you do not conduct the search immediately then there may not be a same sex member of staff and witness. Searches without consent can only be carried out on the school premises or, if elsewhere, where the member of staff has lawful control or charge of the student, for example on school trips or in training settings. In carrying out the search, seizing items and contacting parents/carers the staff members must adhere to guidance in the Department for Education document ‘Searching, screening and confiscation: Advice for headteachers, school staff and governing bodies’ 2014 Appendix 6 Use of Reasonable Force There may be some circumstances where staff may have to use reasonable force and the lawful use of this power will provide a defense to any related prosecution or other legal action. ‘Reasonable’ means using no more force than is needed. The decision on whether or not to physically intervene is always down to the professional judgement of the member of staff concerned and should always depend on individual circumstances. In School, force may be used for two main purposes: To control students To restrain students This can range from guiding a student to safety by the arm through to more extreme circumstances such as breaking up a fight or where a student needs to be restrained to prevent violence or injury. Control means either passive, physical contact, such as standing between students or blocking a student’s pat...
