ISC Response on searching pupils for weapons

17 May 2007

The Independent Schools Council (ISC) represents the seven leading independent schools associations in the United Kingdom, collectively educating more than 500,000 children in 1,278 schools.  ISC exists to promote choice, diversity and excellence in education; the development of talent at all levels of ability; and the widening of opportunity for children from all backgrounds to achieve their potential.

Overall, this guidance document is strong and well-structured.  However, a number of issues have been pointed out by schools that it might be helpful to consider before the document is finalised:

Self-Harm

  • The power was introduced principally to combat a growing knife-culture in the UK and so understandably the guidance is written with a similar purpose in mind.  It is worth noting that although there are no national statistics on the number of individuals who self-harm, studies have found it to be increasingly common; with as many as 8% of girls between 13-15 having attempted at some time to harm themselves.  The guidance should consider in consultation with experts in this field how the power sits in relation to those pupils who carry self-harming tools. Staff conducting searches should be aware that self-harm is one of the reasons pupils may carry knives or other weapons and be trained to spot the signs of self-harm and deal sensitively with pupils.

SEN and Medical Needs

  • As stated, for pupils with Special Educational Needs, it may be appropriate, where a search is considered necessary, for help to be given ‘from a further adult with expertise on the pupil's needs'. It will be important for schools to be encouraged to identify the relevant person to be called prior to any incident arising and for this not to absolve other staff of their individual responsibility to understand the needs of the student.
  • Guidance should encourage all staff to be made aware, as appropriate given other confidentiality issues, of medical equipment individual pupils carry legitimately to avoid causing stress by conducting unnecessary searches.

Human Rights Act 1998

  • On page 13, the guidance says that ‘failure to take proportionate steps to preserve the dignity and privacy of any searched pupil may lead to a breach of the pupil's rights under the Human Rights Act'. However, on page 5, the guidance states that ‘the exercise of these powers is unlikely to engage any of the Convention rights'. The principle rights engaged here will be Article 1 of Protocol 1 or Article 8. As it is important that schools be enabled not to disproportionately interfere with these rights, it might be helpful to briefly explain the concept of proportionality, which left without explanation is not readily understandable and the rights most likely to be involved.

Independent Schools

  • When the term ‘independent schools' is used on page 3, is it used to cover academy-type schools or all independent schools? If the later, it needs to be rephrased.
  • Comments already visible on footnote 2, page 5, illustrate one issue with the guidance purporting to cover all independent schools - some of the Act sections do not relate to them. If it is introduced as of assistance to independent schools, it should explain whether the law differs in any area referenced.

Further Power to Seize

  • Section 15(c) could be briefly expanded perhaps in an appendix to aid individuals who find these unexpected items. It can be difficult to cross-reference documents and in any case, the links between the two need to be drawn out further.

Sixth Form Pupils

  • Guidance should be provided as to how the law relates to pupils over the age of 18. If it does not, what is the situation?

Staff Presence at Search

  • In section 5 it states that a Head ‘can', if it is reasonable in the circumstances, direct a member of staff to be present at a search.  Much later in this section it is stated that ‘Two members of staff must be present ...'. This creates some doubt as to who ‘must' be present. For avoidance of any doubt, it would be better to stipulate that two members of staff must be present for all searches, be they with or without consent. 

Consent to Search and Enrolment

  • Are only sixth-forms and FE Colleges to be allowed to make consent to search a condition of their enrolment?  Surely, if it is appropriate for these individuals, it will be appropriate for younger age groups as well?

 

 

 

 http://www.selfharm.org.uk/information/how/default.aspa