Searching/Confiscation: Leadership & Clarity Please

Searching of young people in schools and children’s homes or other similar settings, particularly if it involves confiscation, is a controversial issue.

Teachers/Care staff have been crying out for clear guidance for years, some have been calling for changes in the law. 

However, the law doesn’t need to be changed. What’s required is for government and, particularly, schools and children’s homes managers to provide clear direction and clarity for their staff and young people/pupils.

Lack of leadership and clarity leaves staff feeling vulnerable and this results in them either sticking their heads in the sand or acting by instinct, which can lead to poor or inappropriate actions, complaints and worse.

The bottom line is that staff can search young people/pupils if they have reasonable grounds to suspect that harmful items are being carried.

Harmful items INCLUDE knives, alcohol or stolen items; that’s obvious.

However, the definition can be extended to include devices such as mobile phones – if the device/phone is being or likely to be used to cause significant harm.

I should note here: the key is that schools, homes or organisations caring for or teaching young people have a policy, that staff are properly trained and supervised in carrying out that policy. For example, staff have to be clear what ‘significant harm’ means; this is just a blog, it’s impossible to expand fully in such matters.

The point is, searching of young people/pupils can be a reasonable action; staff don’t have to stand by and permit the carrying of harmful items, if given authority and leadership, they can take action.

In terms of the actions that can be taken i.e. how to search, whether consent is required or not, and whether said harmful items (including mobile phones) can be confiscated – the answers in a nutshell are:

Searches are permissible, in some circumstances, without consent. There are, obviously, limitations; in some circumstances, the Police have to be called in. But, in many cases, staff can deal with matters themselves, on the spot.

Consent doesn’t always have to be given by the young person/pupil e.g. the searching of desks, lockers or bedrooms/in children’s homes.

Reasonable force can be used and harmful items can – some would argue ‘must’ – be confiscated and in some circumstances, disposed of.

I apologise if the reading of this blog leaves people with more questions than answers; it’s just not possible to provide detailed guidance for all situations, and I’m not attempting to do so don’t take the reading of this as permission to search a young person you are caring for/teaching.

The key, as I have stated over and over, is that such measures/actions are permissible in law, we don’t require additional or amended legislation.

If you are caring for or teaching young people and your policy is unclear, you should do something about it, talk to your manager(s), request some clarity; don't leave a policy vacuum, this doesnt help anyone.

For more information please read our Practice Guide #2: Searching and Confiscation

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