National recommendation - Home Office, September 2023
We identified national organisational learning from investigations into search procedures.
One search occurred in December 2020 after police were called to a school following suspicions by staff that a child was in possession of cannabis. This followed a search by staff of her bag and outer clothing where no drugs were found.
The child was subject to a search involving the removal of clothing by two female officers under the Misuse of Drugs Act 1971, while two male officers and school staff remained outside the room where the search took place. No drugs were found during the search.
Our recommendation calls for a substantial review of policing powers under the laws relating to the strip searches of children, to improve safeguarding and prioritise the welfare of minors.
IOPC reference
Recommendations
The IOPC recommends that the Home Office should work with key partners in policing and other relevant stakeholders to complete a substantial review of the Police and Criminal Evidence Act 1984 (PACE) and PACE Codes A and C in relation to searches of children that include exposure of intimate body parts and, in particular, identify changes that better safeguard children.
This follows a series of IOPC investigations that looked at searches of children involving the exposure of intimate body parts.
Recommendation accepted:
Strip search is one of the most intrusive powers available to the police and its use must be fair, respectful and without unlawful discrimination. Any use of strip search should be carried out in accordance with the law and with full regard for the welfare and dignity of the individual being searched, particularly if that individual is a child.
The Government supports the police in the appropriate use of strip search powers if they deem it necessary in order to protect communities, individuals and the police themselves.
The police’s use of strip search is regulated by legislation and statutory guidance, namely the Police and Criminal Evidence Act 1984 (PACE) and PACE Codes A and C, which make clear that strip search powers should not be used as a matter of routine. In addition, under the Children Act 2004, chief constables have duties with respect to the need to safeguard and promote the welfare of children.
The Home Office is committed to ensuring that the police operate effectively with strong leadership, in accordance with legislation, and treat everyone with dignity, especially children. Following several concerning cases of strip search of children coming to light, including the case of Child Q, the Home Office has been taking steps to respond to this issue. We are engaging with policing partners, including the NPCC, HMICFRS and the College, to consider enhanced safeguards around police strip searching of children including exposure of intimate body parts, to provide clearer guidance for police and promote children’s dignity and wellbeing. The Home Office is carefully considering reforms including amendments to PACE Codes C and A.