Schools must “assess and balance” the risk of a potential strip search to a student’s mental and physical well-being before calling the police, according to new government guidance.
The new advice for schools in England was issued following a national outcry over the treatment of a 15-year-old black girl, known as Child Q, who was strip-searched by female police officers in 2020 after she was wrongly suspected of bringing cannabis to her school in east london.
The incident sparked days of protests in Hackney after it emerged the child was searched without an appropriate adult present and with the knowledge she was menstruating. Her parents have not been contacted.
New Department for Education (DfE) guidance published on Wednesday says that in such circumstances, school staff must maintain their duty of care to the student and must advocate for their welfare at all times.
It also says school staff should consider whether triggering a potential strip search by police is “absolutely necessary” and ensure all other “less invasive” approaches are exhausted first.
A review of local child protection practice by the City & Hackney Safeguarding Children Partnership (CHSCP) and published in March concluded that the strip search of child Q was unjustified and that racism was “likely to have been an influencing factor”.
He said school staff should have been more challenging to police and called on the DfE to “urgently review” its guidance to school staff. The review found that child Q was traumatized and required therapy after having to expose private parts of the body during the search.
The Metropolitan Police said the actions of its officers were “regrettable” and “should never have happened”. A number of other cases where children were strip-searched have since been referred for independent investigation.
The new DfE guidance, which aims to offer step-by-step guidance, reads: “While the decision to undertake the search itself and its conduct are matters for the police, school staff retain a duty of care to the pupil[s] involved and must advocate for student welfare at all times.
“Before calling police to a school, officials must weigh and balance the risk of a potential strip search on the student’s mental and physical well-being against the risk of not recovering the suspicious item.”
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It added: “Staff should consider whether introducing the potential for a strip search through police involvement is absolutely necessary and should always ensure that other appropriate, less invasive approaches are exhausted.”
“Once the police are on school premises, the decision to conduct a strip search rests solely with them and the school’s role is to advocate for the safety and well-being of the student(s) involved.”
The guidance, which comes into force in September, adds that where possible, staff must inform parents in advance of any search. At least two other persons, one of whom must be an adult, must be present during a strip search involving exposure of private parts of the body, except in cases where there is a risk of serious injury to the student or others.
Students must be given appropriate support after a strip search, even if a suspicious item is found. “If an item is found, it may be a matter for the police, but it should always be accompanied by a safeguarding process managed by the school which considers the welfare of the student and involves relevant staff, such as the designated head (or deputy) of the protection. “
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