GLD Vacancies

SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Children’s Commissioner for England calls for rules on police strip searches and child safeguarding to be strengthened

The Children’s Commissioner has this month welcomed the conclusion of an investigation by the Independent Office for Police Conduct (IOPC) which looked into the ‘strip search’ of a child by the Metropolitan Police.

The IOPC confirmed that four Met Police officers will be facing disciplinary proceedings for their actions and conduct during the incident, which involved the exposure of intimate body parts of a 15-year-old Black girl – known as Child Q – at a school in Hackney, north-east London in 2020.

The IOPC has called 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”.

The search of Child Q occurred after police were called to the school following suspicions by staff that Child Q was in possession of cannabis, the IOPC revealed.

The investigation found that 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.

The IOPC investigated whether the grounds for the search and the conduct of officers “complied with relevant local and national policies, procedures, guidance and legislation”, whether officers treated Child Q differently because of her race and sex, and the officers’ communication with school staff during and after the incident.

The IOPC recommended that the Met Police consider sending formal letters of apology to Child Q and her mother.

Welcoming the conclusions of the investigation, the Children’s Commissioner, Dame Rachel de Souza said: “My thoughts continue to be with Child Q whose experience of being strip searched by the police at school was incredibly traumatic. As I have said repeatedly, Child Qs experience was absolutely contrary to how children should expect to be treated.

“I am glad to see that the Metropolitan Police will have to issue a full apology to Child Q but sorry doesn’t go far enough. Sorry needs to mean that it won’t happen again.

“[…] Unfortunately, this is not just about one girl or one police force. My research across all police forces in England and Wales has shown that there are systemic problems with child protection and safeguarding when it comes to strip searches.”

The Children’s Commissioner said forces had not been following the existing rules and black boys had been disproportionally affected.

“The rules need to be strengthened and forces need to follow them. I will continue to publish information on police strip searches until I am assured that things have improved,” she said.

“I support the IOPC’s recommendation for a substantial review of police powers, which I recommended to the Home Office over a year ago.

“Strip searches are traumatic and should only ever been used in the most exceptional of circumstances with the most robust safeguards and the highest possible scrutiny. Children must be able to trust adults whose job it is to keep them safe.”

Lottie Winson