Searching and Confiscation Policy Related Policies

• Behaviour Policy
• Child Protection Policy
• Drugs, Education and Prevention Policy

Aim and Purpose

1.              The Milton Junior School Search and Confiscate Policy has been written with regard to statutory guidance for Screening, Searching and Confiscation.

Search with Consent

2.              Milton Junior School staff may search a student with his/her consent for any item. Appropriate consideration will be given to factors that may influence the student's ability to give consent. Searches should always be completed with more than one staff member present.

Search without Consent

3.              A search may be conducted if staff have reasonable grounds to suspect a student has a prohibited item in his/her possession.

4.              Prohibited items include:

  • Knives or weapons

  • Alcohol

  • Illegal drugs

  • Medication not prescribed to the student

  • Stolen items

  • Smoking paraphernalia

  • Fireworks

  • Pornography in any form

  • Any article that a member of staff reasonably suspects has been, or is likely to be, used to commit an offence or cause personal injury to or damage to the property of any person (including the student).

5.              Only the Principal, and staff authorised by the Principal (para 6), may search a student or a student's possessions, without his/her consent. Searches should always be completed with more than one staff member present.


6.              Staff authorised to conduct search:

·       Principal


·       Vice Principal


·       Heads of Departments


·       Offsite Trip Leaders


·       Boarding Houseparent (if in Boarding)

7.              Prior to conducting a physical search, the student must be given opportunity to show his/her possessions. This may include emptying bags/lockers/pockets or in a boarding context, emptying drawers/wardrobes/trunks etc..

8.              If the student refuses to be searched, sanctions will be applied (in line with Milton Junior School’s Behaviour Policies).

9.              Searches without consent can only be carried out on the school premises or, if elsewhere, where the member of staff has lawful control or charge of the student, for example, on school trips in Mozambique or in training settings.

Search Procedures

10.           Searches take place at the beginning of the school day by the Security Staff. Searches should be random and comprehensive i.e. this may include searching in pencil cases (which students will be asked to open). These searches take place in front of the SLT member on duty and the team of prefects.

11.           If staff believe a student is in possession of a prohibited item, it may be appropriate for a member of staff to carry out:

a.              A search of outer clothing. The person conducting the search must not instruct the student to remove any clothing other than outer clothing. ‘Outer clothing’ means 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 and scarves. 


                  b.              A search of school property, e.g. students' lockers or desks 


c.              A search of personal possessions. ‘Possessions’ means any goods over which the student has or appears to have control – these include desks, lockers and bags. Under common law, schools are able to search lockers and desks for any item provided the student agrees. Milton Junior School has made it a condition of having a locker or desk that the student consents to have these searched for any item whether or not the student is present. A student’s possessions can only be searched in the presence of the student and another member of staff, except 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. 


d.              A search of an electronic device. Where the person conducting the search finds an electronic device, they may examine data or files on the device if they think there have good reason. Following an examination, if the person has decided to return the device to the owner, or to retain or dispose of it, they may erase any data or files of a prohibitive nature. 


12.           The power to search without consent enables a personal search, involving removal of outer clothing and searching of pockets but not an intimate search.  A more thorough search can only be conducted by trained personnel with extensive powers such as a police officer.

13.           Searches will be conducted in such a manner as to minimize embarrassment or distress. Any search of a student or their possessions will be carried out in the presence of the student and another member of staff.

14.           Where a student is searched, the searcher and the second member of staff present will usually be the same gender as the student. However, this may not be the case where it is reasonably believed that serious harm may be caused if the search is not carried out immediately and it is not practical to summon another member of staff.

15.           Where the Principal, or staff authorized by the Principal, find anything which they have reasonable grounds for suspecting is a prohibited item, they may seize, retain and dispose of that item as appropriate.

Record Keeping and Informing Parents

16.           A record will be made of any individual searches that take place and this will be placed on the student’s file. These will include the reasons why, who was present and whether anything was found. (See Appendix 1)

17.           In the case of a search such as a boarding house search, a record will be kept in the relevant house.
If an individual is found to have any prohibited item in their possession, this will be recorded on his/her file. Parents or guardians should be informed if alcohol, illegal drugs or potentially harmful substances are found, though there is no legal requirement to do so. If the matter is considered significantly serious, the parents may be invited in to discuss the matter with the Principal or Deputy Principal or a person that they authorise. This is mandatory when a serious sanction is considered (in line with Milton Junior School’s Behaviour policies).

Confiscated Items

18.           Staff must seize any prohibited or banned item found during the search.


a.              Items which are evidence of an offence must be passed to the Police as soon as possible.


b.              Any seized substance whose legal status is unsure should be treated as a controlled drug.


c.              Any substance believed to be a ‘legal high’ will be confiscated.


d.              The Principal should be informed of any ‘sharp’ items seized to arrange safe storage/disposal.


e.              Alcohol, tobacco, cigarette papers and e-cigarettes which have been seized will be destroyed.

19.           All other items should be handed into the Principal’s office immediately. Items will be recorded on Milton Junior School’s MIS and stored until disciplinary matters are concluded. At this point, items will be disposed of or destroyed.

Complaints

20.           Complaints about screening or searching should be dealt with through the normal Milton Junior School complaints proc

Milton Junior School

Search and Confiscate Policy

VALID ACADEMIC YEARS 2023 & 2024