Searching, Screening and Confiscation - A Guide

The guidance document ‘Searching, screening and confiscation (DfE, 2022)’ was updated in response to the Hackney and City Safeguarding Children Partnership Review concerning the case of ‘Child Q’ (CHSCP, 2022). Child Q, a black female secondary school student, was subjected to a strip search by police officers on school premises under suspicion of concealing drugs. However, no drugs were found in her possession. The incident sparked national outrage, prompting a review into the treatment of Child Q and the controversial use of strip searches in response to concerns about children.

The guidance shifts its focus from legal actions related to searching, screening, and confiscation in schools to a more comprehensive approach, emphasising that safeguarding is the primary concern in situations where children may possess prohibited items. The document now underscores a holistic perspective, highlighting the importance of prioritising safeguarding over other considerations in such incidents.

In this blog I wish to delve into essential messages regarding searching, screening, and confiscation, exploring the concept of best practices in these areas. While the guidance provided is non-statutory, it is closely aligned with various legislations, including the Keeping Children Safe in Education (KCSIE) statutory guidance, and offers additional insights into school behaviour guidance.

The guidance represents a notable shift in emphasis from the legality of school actions to a focus on what schools ‘should’ and ‘must’ do in terms of searching, screening, and confiscation. It emphasises the creation of a ‘calm, safe, and supportive environment’ and underscores these practices as tools to ensure staff and pupil safety and welfare. The document incorporates references to children's fundamental rights under the European Convention on Human Rights, emphasising the importance of considering a child's right to a private life. The guidance stresses the need for informed consent during searches, considering age and special needs, and highlights the importance of safeguarding over a purely punitive approach. It provides a protocol for searching children, addresses reasonable force, and outlines procedures for strip searches, emphasising post-incident care and the involvement of the child's voice. Reporting to the designated safeguarding lead is mandated, even if nothing is found, and parents should be informed about searches. The guidance also offers detailed advice on handling various prohibited items, including links to related guidance documents.

Adopting a safeguarding first approach:

To adopt a safeguarding first approach to searching, screening, and confiscation in schools, the following steps are recommended:

Review and Consultation

Review current procedures and seek advice from your local safeguarding children’s partnership (LSCP) if needed.

Policy Alignment

- Ensure the behaviour policy aligns with the guidance, emphasising a safeguarding focus.

- Update any other policies referencing this information to maintain consistency.

Communication and Training

- Communicate the school's behaviour policy to all members of the school community, meeting statutory responsibilities.

- Ensure all staff, not just those conducting searches, are trained on what to do in case of concerns about prohibited items.

Leadership Oversight

- The headteacher should oversee the school's search practices, maintaining a culture of safe, proportionate, and appropriate searching.

- Collaborate with the designated safeguarding lead (or deputy) to ensure effective oversight.

Information Sharing

- Consider mechanisms for communicating and sharing information about behaviour incidents, including searches, with the designated safeguarding lead.

Data Analysis

- Analyse the frequency and reasons for searches, identifying any groups disproportionately impacted.

Pupil Voice

- Consider the use of pupil voice following incidents to support individuals and enhance the overall approach to the issue.

By implementing these measures, schools can prioritise safeguarding, maintain a safe environment, and improve their overall approach to searching, screening, and confiscation.

The process of searching children requires careful consideration to meet both their safeguarding needs and those of the broader school community. This approach extends beyond specific incidents, contributing to the overall culture of safeguarding within a school. It is emphasised that this consideration is relevant for all schools, not just those experiencing high numbers of searches or issues with prohibited items. By implementing these practices, schools can enhance transparency, support staff in responding to behaviour incidents, and prioritise the safety of children, preventing potential harm.

Key Documents:

DFE Screening, Searching and Confiscation Advice for Schools: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1091132/Searching__Screening_and_Confiscation_guidance_July_2022.pdf

Child Q Safeguarding Practice Review: https://chscp.org.uk/wp-content/uploads/2022/03/Child-Q-PUBLISHED-14-March-22.pdf

KCSIE: https://www.gov.uk/government/publications/keeping-children-safe-in-education--2

DFE Behaviour in Schools Advice for Headteachers and School Staff: https://assets.publishing.service.gov.uk/media/651d42d86a6955001278b2af/Behaviour_in_schools_guidance.pdf