Search and confiscate policy

Searching with consent

Legislation sets out the powers a member of staff has in regard to searching a student. Staff members can only undertake a search if they have reasonable grounds for suspecting that a student may have in their possession a prohibited item (listed on the previous page). The staff member must decide in each particular case what constitutes reasonable grounds for suspicion. Examples include:

• overhearing students talking about being in possession of a prohibited item
• a student behaving in a way causing suspicions to be raised

The authorised member of staff should:

• make an assessment of how urgent the need for a search is
• consider the risk to others

Before any search takes place, the member of staff conducting the search should:

• explain to the learner why they are being searched
• explain how and where the search is going to take place
• give them the opportunity to ask any questions

The authorised member of staff should always seek the co-operation of the learner before conducting a search. If the learner is not willing to co-operate with the search, the member of staff should consider why this is. Reasons might include that they:

• are in possession of a prohibited item
• do not understand the instruction
• are unaware of what a search may involve
• have had a previous distressing experience of being searched

If a learner continues to refuse to co-operate, the member of staff may sanction the learner in line with the InspireU learner conduct policy. If the member of staff still considers a search to be necessary, but is not required urgently, they should seek the advice of the principal, senior leads or pastoral leads who may have more information about the learner. During this time the learner should be supervised and kept away from others.

In undertaking a search with consent, any vulnerability of the student should be considered, such as:

• any special educational needs (SEN)
• learning difficulties

In these circumstances a member of staff that is known to the student that supports them, is asked to be present for the search.

It is the policy of InspireU that this type of search will be recorded on the MIS database. To facilitate this, a proforma aide memoire is attached at appendix A. This should be used and forwarded to the senior leadership team.

Searching with reasonable force or without consent

If the learner refuses to co-operate, the member of staff should assess whether it is appropriate to use reasonable force to conduct the search. A member of staff can use such force as is reasonable to search for any prohibited items. The decision to use reasonable force should be made on a case-by-case basis. The member of staff should consider whether conducting the search will prevent the learner from:

• harming themselves or others
• damaging property
• causing disorder

It should be noted that the use of reasonable force will differ. This depends on whether the member of staff is searching possessions or the learner themselves. 

Consideration must be given to any additional support needs that the learner may have. A member of support staff should be present where possible. This type of search would require the completion of a search record.

The staff member may determine that prior to a search taking place, screening would be appropriate. For example, if it is believed that the leaner may have a bladed article concealed.  If ‘wands’ are available, staff may choose to use these in the first instance.

During the search

The staff member conducting the search should be the same sex as the student being searched. There will be a witness (also a staff member). If possible, they will also be the same sex as the student being searched. It is best practice to undertake any search of a student while another member of staff is present.

As far as the situation dictates, and within reason, the views of the person being searched as to the sex of the person conducting the search should be taken into consideration being mindful of the equality and diversity policy. For example, an individual who identifies themselves with a certain gender.

A learner’s possessions can only be searched in the presence of the learner and another member of staff. An exception can be made where 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. The search can include possessions, such as:

• lockers
• bags
• desks

The member of staff may use a metal detector to assist with the search.

The member of staff conducting the search may not require the student to remove any clothing other than outer clothing. This is clothing that is not worn next to the skin or immediately over a garment that is being worn as underwear. Outer clothing includes:

• hats
• shoes
• boots
• gloves
• scarves

If a student refuses to be searched, best practice will be to seek support from the senior leadership team. It may be necessary to contact the police to seek support in undertaking the search.