| SPOTLIGHT |
The Government has proposed a number of measures to strengthen protections in place for children and vulnerable people subject to a strip search by police, including the requirement for parents and guardians to be informed.
Following the ‘Child Q’ case, reviews conducted by the Independent Office for Police Conduct and the Children’s Commissioner for England found that “too often” when strip searches involving the exposure of intimate parts are conducted, safeguarding and child protection have not been sufficiently prioritised, said the Home Office.
A Local Child Safeguarding Practice Review concluded that Child Q, a black pupil who was strip-searched by the police at school in December 2020 when she was 15, with no appropriate adult present, should never have been strip searched.
The changes to the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice A and C include proposals that would require a senior officer, of the rank of inspector or above, to authorise any strip search of a child or vulnerable person.
Police officers will also have to make a safeguarding referral to children’s services whenever a child is subject to a search involving the exposure of intimate parts, “to ensure appropriate follow up action is taken”, said the Home Office.
Greater clarity will also be given to existing safeguards, for instance, that appropriate adults of the opposite sex can only be present during a strip search if known to the detainee, and the detainee agrees.
Further changes being proposed include:
A 6-week consultation on the proposed amendments was launched yesterday (30 April), with law enforcement, children’s services and practitioners invited to share their views on the proposals.
Crime and Policing Minister Chris Philp said: “Strip search is one of the most intrusive powers available to the police, and whilst necessary to keep the public and children safe, it should be used only where necessary and proportionate.
“Following the concerning case of Child Q and subsequent findings by the Children’s Commissioner, we must ensure that the dignity of children and vulnerable people is protected.
“With these reforms, we will ensure police are clear on what is expected of them so when it is absolutely necessary, they are able to use these powers with confidence and accountability.”
Responding to the announcement of the consultation, Dame Rachel de Souza, Children's Commissioner for England, said: "Since the shocking and avoidable circumstances of Child Q’s case came to light, I’ve made it my mission to make sure no child is subjected to the same kind of humiliation.
“I welcome the proposals being set out by the Government to implement a number of my recommendations to strengthen safeguards when a strip search is carried out, including by notifying parents, which should be an absolute minimum requirement."
She added: “Strip searches on children should only be carried out in certain, exceptional situations, and as a last resort with robust protections in place – so it is reassuring to see explicit reference in these proposals to treating children as children, no matter the circumstances. I would urge the Government to go even further by restricting the locations where any search can legally be carried out – no child should be subjected to this at school, where they should feel safe and secure among trusted adults.
“I am also repeating my call for the Government to publish annual data on strip searches of children under stop and search powers, as my research found that often the police are not held to account for failing to meet the statutory safeguards that already exist.
“I am hopeful that these proposals will go some way towards shifting this culture, to bring in clearer standards and more effective oversight on these potentially traumatic powers on often very vulnerable young people.”
Lottie Winson
