Common use of Power of Search Clause in Contracts

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 believed to be illegal must be passed to the police as soon as practicable, including pornographic images of children, without deleting them. Any data, files or images that are not believed to be unlawful, may be deleted or kept as evidence of a breach of the School’s Behaviour Policy. In carrying out a search, staff members must adhere to guidance in the Department for Education document, Advice for schools: ‘Searching, Screening and Confiscation 2022’ (Appendix 6).

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; • energy drinks • illegal drugs; • tobacco and cigarette papers; • 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 believed to be illegal must be passed to the police as soon as practicable, including pornographic images of children, without deleting them. Any data, files or images that are not believed to be unlawful, may be deleted or kept as evidence of a breach of the School’s Behaviour Policy. In carrying out a search, staff members must adhere to guidance in the Department for Education document, Advice for schools: ‘Searching, Screening and Confiscation 2022’ (Appendix 6).

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. 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 believed to be illegal must be passed to the police as soon as practicable, including pornographic images of children, without deleting them. Any data, files or images that are not believed to be unlawful, may be deleted or kept as evidence of a breach of the School’s Behaviour Policy. In carrying out a search, staff members must adhere to guidance in the Department for Education document, Advice for schools: ‘Searching, Screening and Confiscation 2022’ (Appendix 6)7.