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Berkhamsted Schools Group

Drugs Alcohol and Smoking Policy

of 22 © Berkhamsted Schools Group 2018


Berkhamsted Prep and Pre-Prep

Berkhamsted Senior Schools & Sixth

Heatherton

Berkhamsted Day Nursery Ltd.

Berkhamsted Enterprises Ltd.

Revision and Terminology: Please refer to the School’s Policies Policy.

Policy owner: Principal

Type of policy: Non-Regulatory

Last reviewed / approved by /

date: Exec on 25 January 2018

Next review due: Lent 2021

This version published: 13 December 2018

Circulation: All Staff & Governors ☐Inspection Portal School Website

Linked Policies: Behaviour and Discipline in School

Expulsion and Required Removal

PSHE

Visits and Activities out of School




Contents

Policy Aims ................................................................................................................................................................... 3

2 Policy Statement ................................................................................................................................................ 3

3 Scope and Application ...................................................................................................................................... 4

4 Regulatory Framework ..................................................................................................................................... 4

5 Publication and availability ............................................................................................................................... 5

6 Definitions ........................................................................................................................................................... 5

7 Smoke Free Policy ............................................................................................................................................. 6

8 Education and pastoral care ............................................................................................................................ 6

9 School rules ......................................................................................................................................................... 7

10 Investigation .................................................................................................................................................... 7

11 Sanctions ......................................................................................................................................................... 9

12 Training .......................................................................................................................................................... 10

13 Record Keeping ........................................................................................................................................... 10

14 Students and Alcohol in School and on School Occasions ............................................................... 10

15 Students and Alcohol on School Trips .................................................................................................. 11

Appendix 1 ................................................................................................................................................................. 13

Testing for alcohol .................................................................................................................................................... 13

Appendix 2 ................................................................................................................................................................. 14

Testing for drugs ....................................................................................................................................................... 14

Appendix 3 ................................................................................................................................................................. 15

Supportive regime .................................................................................................................................................... 15

Appendix 4 ................................................................................................................................................................. 16

Declaration of parents / guardian / education guardian .................................................................................. 16

Appendix 5 ................................................................................................................................................................. 17

Procedure for dealing with a drug found on the school site.......................................................................... 17

Appendix 6 ................................................................................................................................................................. 18

BSA Boarding Briefing Paper .............................................................................................................................. 18




Policy Aims

1.1 This is the Policy on Smoking, Alcohol and the Misuse of Drugs and Substances for the

whole of of Berkhamsted Schools Group (the School).

1.2 The aims of this policy are as follows:

1.2.1 to promote safety, welfare and good physical and mental health

1.2.2 to promote a mature and moderate approach to the use of alcohol

1.2.3 to reduce the risk of alcohol-induced misconduct in and out of the School

1.2.4 to prevent smoking and the misuse of drugs and substances in and out of the School

1.2.5 to keep drugs out of the School.

2 Policy Statement

2.1 The School has a three-phase policy: -

2.1.1 Education:

The School places great importance on educating pupils to understand their responsibilities,

and the risks and consequences of decisions regarding tobacco, alcohol and psychoactive

drugs. This programme includes PSHE, outside speakers, medical opinion and internal

counselling to give pupils every opportunity to develop mature and responsible attitudes and

behaviours. See Section 8 below.

2.1.2 Partnership:

In such matters of serious concern, it is vital that parents and School operate in tandem so

that pupils are left in no doubt about the seriousness and illegality of tobacco, alcohol and/or

drug abuse. The School holds events to brief parents on the School’s policy and on how the

School and parents can support each other.

2.1.3 Sanctions:

The School applies sanctions to pupils both as part of the education of young people – ie

that actions necessarily have consequences – and partly to protect the School community

from hazards and threats. Such sanctions may include permanent exclusion where

warranted.




3 Scope and Application

3.1 This policy applies to the whole School including the Early Years Foundation Stage

(EYFS).

3.2 This policy applies to all pupils at the School and at all times when a pupil is:

3.2.1 in or at school

3.2.2 representing the School or wearing School uniform

3.2.3 travelling to or from School

3.2.4 on School-organised trips

3.2.5 associated with the School at any time.

3.3 This policy shall also apply to pupils at all times and places in circumstances where failing

to apply this policy may:

3.3.1 affect the health, safety or wellbeing of a member of the School community or a

member of the public

3.3.2 have repercussions for the orderly running of the School or

3.3.3 bring the School into disrepute.

3.4 This policy applies to the:

3.4.1 possession

3.4.2 use / consumption

3.4.3 supply

of tobacco, alcohol, drugs and substances.

4 Regulatory Framework

4.1 This policy has been prepared to meet the School's responsibilities under:

4.1.1 The Education (Independent School Standards) Regulations 2014

4.1.2 The National Minimum Standards for Boarding Schools

4.1.3 The Statutory Framework of the Early Years Foundation Stage




4.1.4 The Education and Skills Act 2008

4.1.5 The Children Act 1989

4.1.6 The Childcare Act 2006

4.1.7 The Equality Act 2010

4.2 This policy has regard to the following guidance and advice:

4.2.1 MOSA Guidelines for testing for substance misuse in schools (2015)

4.2.2 DfE and ACPO drug advice for schools (2012)

4.3 The following School policies, procedures and resource materials are relevant to this

policy:

4.3.1 Behaviour and Discipline in School Policy

4.3.2 Expulsion and Required Removal Policy

4.3.3 Governors Review Procedure

4.3.4 Child protection and Safeguarding Policy and procedures

4.3.5 Visits and Activities out of School Policy

5 Publication and availability

5.1 This policy is published on the School website.

5.2 This policy is available in hard copy on request.

5.3 This policy can be made available in large print or other accessible format if required.

6 Definitions

6.1 Where the following words or phrases are used in this policy:

6.1.1 References to the Proprietor are references to the Governing Body

6.1.2 Alcohol means intoxicating liquor of all descriptions (including beer, cider, wine and

spirits).

http://www.mosa.org.uk/mosa-guidelines.asp

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270169/drug_advice_for_schools.pdf




6.1.3 Biological sample means a sample of breath, saliva, hair or urine provided by pupil

in accordance with the procedures set out in this policy.

6.1.4 Drugs and substances means controlled drugs and the paraphernalia of drugs

(including the materials to roll cigarettes), psychoactive substances or substances

intended to resemble drugs, or "legal" drugs which can be obtained from a chemist shop,

performance enhancing drugs, anabolic steroids, glue and other substances held or

supplied in each case for purposes of misuse.

6.1.5 Tobacco means any tobacco-related product and paraphernalia including cigarettes,

cigars and pipes and any other smoking related products such as nicotine substitutes and

electronic cigarettes.

7 Smoke Free Policy

7.1 The School operates a smoke free policy within its buildings, grounds and vehicles.

7.2 The total smoking ban applies to the whole School community including pupils,

employees, volunteers, parents, visitors, members of the public and others working in

or using the School's premises or vehicles.

8 Education and pastoral care

8.1 The School educates pupils to understand:

8.1.1 the effect and risks associated with alcohol and tobacco in relation to their health

and well-being and the law and

8.1.2 the use of illegal drugs is or may be a criminal offence and will be harmful to their

health, integrity, independence, opportunities and careers and will damage the society in

which they live.

8.2 The School educates pupils about these issues through its PSHE curriculum, by means of

personal development courses, by example and by discussion.

8.3 The School encourages pupils to discuss in confidence (subject only to the safeguarding

responsibilities of the School, and all staff) any anxieties they may have about use of

tobacco, alcohol or drugs and substance abuse with a member of staff or the School

counsellor.

8.4 Matters brought into counselling by a pupil or his / her parents, in circumstances which

are judged by the Principal to be genuine, will be "ring-fenced" from disciplinary

sanctions, but a pupil who contravenes this policy will face disciplinary action. For

example, a pupil who comes forward and voluntarily identifies him/herself as a drug user




and asks for help may be given the opportunity to reform his/her behaviour with

counselling and a supportive testing regime (see Appendix 3). Similarly, pupils who

smoke may be given support in order to help them to give up.

9 School rules

9.1 Pupils are forbidden from:

9.1.1 smoking inside or outside School premises, being in possession of tobacco while in

the care of the School or supplying tobacco to other pupils

9.1.2 any production, possession, use or supply of drugs and substances

9.1.3 bringing alcohol onto School premises or being in unsupervised possession of

alcohol or obtaining or supplying alcohol to another, or being impaired by alcohol while

on School premises or in the care of the School

9.1.4 bringing the School into disrepute for any reason associated with tobacco, alcohol

or drugs and substances, whether or not the pupil is in the care of the School at the

time.

9.2 Parents

9.2.1 If parents attending School premises appear to be under the influence of drugs or

substances or alcohol, they will be asked to leave and the member of staff making the

request should refer the matter to the School's Designated Safeguarding Lead.

9.2.2 If a member of staff suspects that a parent has driven or will drive whilst under the

influence of drugs or alcohol, the member of staff should report the matter to the

Designated Safeguarding Lead (DSL) or Designated Senior Person (DSP) who may

telephone the police.

9.2.3 If the DSL/DSP reasonably believes that a child is at immediate risk of harm from a

parent who is under the influence of alcohol or drugs, the child will not be released into

the care of the parent and the School's child protection procedures will be followed.

10 Investigation

10.1 Every complaint, allegation or rumour or observation of pupil behaviour in relation to

tobacco or alcohol or involvement with drugs and substances will be followed up and

investigated in accordance with this policy and the procedures set out in the School's

Behaviour and Discipline in School Policy.

10.2 Searches for tobacco, alcohol, drugs and substances




10.2.1 A pupil may be searched without his / her consent for tobacco, alcohol, drugs or

substances in accordance with the School's policy on searching and confiscation (see the

procedures set out in the Behaviour and Discipline in School Policy).

10.2.2 The School may conduct a search of the buildings and grounds for drugs, by means

of ‘sniffer-dog’ or equivalent. In such circumstances, a member of SMT may confiscate

and search a bag, container or case, providing:

10.2.2.1 Another member of staff is present;

10.2.2.2 The search is conducted by the member of SMT, minuted by the other

member of staff; and

10.2.2.3 There has been a clear indication of suspicion of this bag, container or case.

10.2.2.4 The pupil and parents are subsequently informed of the action taken,

reasons, and consequence by the Headteacher of the relevant part of the School.

10.3 Testing

10.3.1 A pupil suspected of unauthorised consumption of alcohol or involvement with

drugs or substances may be asked to give a biological sample. The reason for this policy

is:

10.3.1.1 to deter breaches of School Rules or School discipline

10.3.1.2 to identify users

10.3.1.3 to absolve those who have been wrongly suspected.

10.3.2 Reason to suspect alcohol consumption or use of drugs or substances may arise as a

result of information or a complaint received or because of a pupil's behaviour or

demeanour.

10.3.3 Alcohol

See Appendix 1 Error! Reference source not found.for details of the testing

procedure for alcohol. Please note that where it is deemed reasonable to test for

alcohol, we will also test for drugs and substances.

10.3.4 Drugs and substances

See Appendix 2 for details of the testing procedure for drugs and substances. Please

note that where it is deemed reasonable to test for drugs and substances, we will

also test for alcohol.

10.3.5 Consent




10.3.5.1 The relevant consent to a test is that of the pupil rather than the parents,

even if the pupil is under 16 years of age, provided he / she is of sufficient maturity

and understanding and gives his / her informed consent in writing.

10.3.5.2 The member of staff leading the investigation will determine whether or not

the pupil is able to provide this consent and may request the additional opinion of a

medically qualified member of staff.

10.3.5.3 If a pupil refuses to provide a biological sample he / she will be asked to say

why he / she has refused. The School will be entitled to draw inferences from his /

her response and general demeanour. If a parent's consent is required and they

refuse to consent to their child providing a biological sample, the School may draw

inferences from the refusal and the pupil's general demeanour.

10.3.6 Reasonable endeavours will be made, before a biological sample is taken, to notify a

parent, guardian or education guardian of the requirement for a biological sample and

the reasons for that requirement.

10.3.7 The School will treat a positive test, although not infallible, as evidence that the pupil

has consumed alcohol or been using drugs or substances, as appropriate.

10.4 Police involvement

10.4.1 If the School seizes a controlled drug, the drug may be destroyed if there is good

reason to do so. Otherwise the School will deliver it to the police as soon as reasonably

practicable.

10.4.2 In all other cases, the School may decide to request the involvement of the police

from the outset. If the police suspect that a pupil possesses or has stored drugs,

substances or related paraphernalia, the police may elect to investigate using their own

procedures or may pass the matter back to the School to investigate.

10.5 If the findings of the investigation support the allegation, complaint or rumour or

observation of pupil behaviour, a disciplinary meeting will be held in accordance with

the procedures set out in the Behaviour and Discipline in School Policy.

11 Sanctions

11.1 Where a pupil breaches any of the School rules set out in this policy, the Proprietor has

authorised the Principal to apply any sanction which is appropriate and proportionate to

the breach in accordance with the Behaviour and Discipline in School Policy and

Expulsion and Required Removal Policy.

11.2 The following guidelines will apply:

11.2.1 Tobacco and alcohol: Sanctions will be applied in accordance with the School's




Behaviour and Discipline in School Policy. For a serious breach or persistent breaches, a

pupil may be expelled or removed from the School.

11.2.2 Drugs: Anyone producing or supplying drugs or substances must expect

to be expelled immediately even if he / she is about to sit public

examinations. Anyone possessing or using drugs, whether at school or outside of

school, during the school term or holidays, taking part in a School related activity,

travelling to or from School or wearing School uniform must also expect to be expelled

in accordance with the School's Behaviour and Discipline in School Policy and Expulsion

and Required Removal Policy. In exceptional cases, a supportive regime (see Appendix 3)

may be offered as an alternative to expulsion. The Principal is not obliged to offer a

supportive regime.

12 Training

12.1 The School ensures that guidance and training is arranged on induction and at regular

intervals thereafter so that staff and volunteers understand what is expected of them by

this policy and have the necessary knowledge and skills to carry out their roles.

12.2 The level and frequency of training depends on role of the individual member of staff.

12.3 The School maintains written records of all staff training.

13 Record Keeping

13.1 All records created in accordance with this policy are managed in accordance with the

School's policies that apply to the retention and destruction of records.

13.2 Sensitive personal information about pupils is disclosed only on a "need to know" basis

with careful attention to pupils' rights and needs.

14 Students and Alcohol in School and on School Occasions

14.1 These rules are necessary to protect the interests of the School, pupils and parents as

well as to comply with the Licensing Act 2003.

14.2 No pupils below the Sixth Form are to be offered alcoholic drinks on any school

occasion or activity.

14.3 At School functions where there are no pupils below Year 10 present, members of the

Sixth Form (Y12/13) may be offered a glass of wine or beer if the following conditions

are met:




14.3.1 For events taking place in a licensed part of the School

14.3.1.1 The student must be only be offered alcohol while sitting down at a meal.

This does not include snacks or barbeques.

14.3.1.2 The student must be supervised by a member of staff.

14.3.1.3 The event must be sanctioned in advance by the Principal, Vice Principal or

the Headteacher of Berkhamsted Sixth.

14.3.2 For events taking place in a non-licensed part of the School,

14.3.2.1 The event must be sanctioned in advance by the Principal.

14.4 At School functions where there are pupils below Year 10 present, no alcohol should

be offered.

14.5 When a social event is organised (e.g. a House/Society/Club occasion) at a venue

outside the school, the same rules apply as in points 14.2, 14.3 and 14.4 above. If it is

intended to offer alcohol to those whom the law permits to drink, the parents of such

pupils must be informed beforehand. The Head of House or Teacher-in-charge should

write to parents describing the event and state that, with parental permission, wine or

similar (specify one or two small glasses) will be available but only with a table meal.

There should be a reply form to acknowledge receipt of the information including digital

or paper means by which parents give permission for their child to be offered wine.

14.6 For health and safety reasons anyone who is suspected of having abused these rules may

be subjected to a simple breathalyzer test.

14.7 No pupil, of whatever age, should be offered spirits.

14.8 Heads of House acting in loco parentis have the same responsibility (legally and

educationally) as parents with regard to alcohol and those in their care.

15 Students and Alcohol on School Trips

15.1 The Trip Leader will decide if alcohol is to be permitted on the School Trip.

15.2 Drinking alcohol on School Trips must always abide by the laws of the land in which

the residential trip is taking place.

15.3 On School Trips members of the Sixth Form (Y12/13) may drink alcohol responsibly if

the following conditions are met:

15.3.1 If the parents have given written permission in advance of the trip.




15.3.2 The event must be sanctioned in advance by the Principal, Vice Principal or the

Headteacher of Berkhamsted Sixth.

15.3.3 The student may only be offered alcohol at a meal or in a bar, whilst given

permission by, and under the supervision of, a member of staff.

15.3.4 The permission to drink alcohol is a privilege (and not a right) which can be

withdrawn by any member of staff at any time.

15.4 No pupils below the Sixth Form may drink alcohol on a School Trip.

15.5 A copy of this policy to be in the Code of Conduct for all School Residential Trips.




Appendix 1

Testing for alcohol

1 Method of use: Only members of staff who have received training will be authorised to

administer the breathalyser. In general, they will be members of the Senior Management

Team or Medical staff.

2 Refusal: If a pupil refuses to provide a sample of breath the pupil may be asked to supply,

under medical supervision, a further biological sample for analysis in accordance with the

drug testing procedures (see Appendix 2).

3 Record: A written record will be kept when a pupil is asked to take a test and its outcome

will be recorded.




Appendix 2

Testing for drugs

1 Biological sample: If, outside the context of confidential counselling as defined in Section

7.4, there is reason to suspect that a pupil has been involved with drugs or substances, he /

she may be asked to supply, under medical supervision, a biological sample (saliva, hair or

urine) for analysis.

2 Medical supervision: The biological sample will be taken under medical supervision. A

member of the school staff will be present. All due care will be taken to respect the pupil's

privacy and human rights.

3 Testing procedures: These will be in accordance with standard good practice and where

applicable the Guidelines for Testing for Substance Misuse in Schools produced by

the Medical Officers in Schools Association (MoSA):

3.1 care will be taken to make as certain as possible that the sample provided is genuine

and uncontaminated

3.2 the pupil will be asked to sign various seals and documents which confirm that the

specimens are his / hers

3.3 the pupil will also be asked to sign a form before the test result is established, which

signifies that he / she has been satisfied with the collection procedure and gives

consent for the results of the test being made available to the Headteacher.

4 Medical record: The outcome of the test, whether positive or negative, will not form part

of the pupil's permanent medical record.

5 Outcome: When the School receives the initial test result:

5.1 reasonable attempts will be made to notify a parent by telephone and to inform

them that:

5.1.1 if the result is negative, the second sample will be destroyed immediately

5.1.2 if the result is positive, the second sample will be made available for

independent laboratory analysis if this is requested by parents within three

school days.




Appendix 3

Supportive regime

Full name of pupil

Date

Pupil's date of birth

Age now

1 [●I have made a voluntary admission of having used a controlled drug or substance in

breach of the School's policy and disciplinary rules.]

2 As an alternative to expulsion, the Headteacher/Principal has offered me a supportive

regime under which for the remainder of this term and the next three school terms,

without obligation on the part of the School, I may at any time be asked to provide a

saliva / hair / urine sample under medical supervision for analysis in accordance with the

procedures described in the attached policy which I have read and understood.

3 I understand that I may be asked to provide a saliva / hair / urine sample at any

reasonable time even if no grounds exist at that time to suspect that I have been involved

with drugs or substances.

4 I agree to be subject to this regime and to co-operate with the School in every respect. I

understand that the School will take all reasonable care to preserve my confidentiality

and human rights in the operation of this regime.

5 I also understand that if without good reason I fail to co-operate with this regime or if a

test proves positive I would almost certainly be required to leave the School.

6 I understand that I may elect, after the remainder of this term and another three terms,

to remain on this regime, and that if I do so I will give my assent on an annual basis to be

subject to this regime.

Signed

Note

Where Appendix 3 is being filled in by the pupil, Appendix 4 must also be filled in by the parent.




Appendix 4

Declaration of parents / guardian / education guardian

I / We the undersigned have read the School's Policy on Drugs and Substances, and this Appendix.

For my / our part, I / we accept the Headteacher's/ Principal’s offer of a supportive regime for the

above named pupil, as described above.

I / We undertake to co-operate with the regime in all respects and to pay the laboratory charges for

each test which I / we understand to be up to £65 plus VAT per test.

Signed

Full name

Relationship to pupil

Date

Signed

Full name

Relationship to pupil

Date




Appendix 5

Procedure for dealing with a drug found on the school site

1 Disposal of a controlled drug:

1.1 The law permits school staff to take temporary possession of a substance suspected of

being a controlled drug. The drug should be placed in a sealed bag and then in a locked

cupboard. This procedure should be witnessed by a staff colleague. Members of staff

who come into contact with any substance should always put on a pair of latex gloves as

some substances can be absorbed through the skin.

1.2 The Local Authority Youth Affairs Officer should be informed and he will collect the

sealed bag at the earliest opportunity. Any medicines should be returned to a pharmacy

for disposal.

1.3 Do not flush any drugs down the toilet or throw them in the bin.

1.4 Find a witness to assist.

1.5 Take possession of the substance without having skin contact.

1.6 Inform Headteacher and attempt to identify drug. Advice can be obtained from the Local

Authority Youth Affairs Officer.

2 The school has no legal obligation to disclose the identity of a pupil involved in a drug related

offence. The school can choose to deal with the incident internally. However, police expect to be

informed if a pupil is found to be involved in supply for profit or if Class A drugs are involved.




Appendix 6

BSA Boarding Briefing Paper

Boarding briefing

paper

Conducting a search

of a pupil’s room,

belongings or person

A Briefing Paper for the

Boarding Schools’ Association

prepared by Farrer & Co.

No. 15

September 2015

www.boarding.org.uk




This Briefing Paper addresses the law and legal issues which arise on the undertaking of any type of search

of a pupil or his/her possessions.

A. Relevant Legislation Section 3 (5) of the Children Act 1989 provides that:

“A person who does not have parental responsibility but has the care of a child may do what is

reasonable in all the circumstances of a case for the purpose of safeguarding or promoting the child’s

welfare”

The Education Act 2011 introduced new provisions into the Education Act 1996 [section 550Z] which give

school staff the power to search a pupil or his/her possessions if they believe them to be carrying any

prohibited item which the staff member reasonably suspects has been, or is likely to be, (a) used to commit

a criminal offence or (b) to cause personal injury to, or damage the property of, any person or (c) any other

item which the school rules identify as an item for which a search may be made. Staff are given the power

to search a pupil even if they are under the age of criminal responsibility, and likewise staff of the opposite

sex may still search a pupil if they believe the risk is so great that serious harm would be caused if they

waited to find a member of staff of the same sex as the pupil to be searched.

There are particular rules relating to electronic devices which allow such devices to be seized and examined

for relevant data or files which might offend the law or school rules. Section 550Z provides for the return of

such devices to the pupil but also deals with any offending data or files which may be erased from the device

if the staff member believes there are good reasons for doing so.

The Schools (Specification and Disposal of Articles) Regulations 2012 legislated for the following items

to be treated as prohibited items and so subject to the power to search under s. 550Z of the Education Act

1996

• Tobacco and cigarette papers

• Fireworks

• Pornographic images

These regulations also provide for the power of disposal of all of the above after investigation, unless in the

case of pornographic images where prohibited images of children or extreme pornographic images where

these must be delivered to the police as soon as possible.

In February 2014 the DfE brought together these legislative developments in a guidance entitled Searching,

Screening and Confiscation – Advice for headteachers, school staff and governing bodies. This

guidance is in fact extremely clear and there is little point in paraphrasing it. It is the key document to which

schools should refer on conducting pupil searches and is available www.gov.uk/government/

uploads/system/uploads/attachment_data/file/444053/

Searching_screening_confiscation_advice_Reviewed_ July_2015.pdf

Boarding Schools must obviously comply with the National Minimum Boarding Standards for Boarding

Schools, the latest version (at the time of writing) was published on 1 April 2015 and is available

www.boarding.org.uk/370/ about-the-bsa/national-standards. Under Standard 9.4 “any search of boarders’

personal belongings should be carried out in accordance with section 550Z of the Education Act 1996 and

with regard to any guidance issued by the Secretary of State”.

Schools should in carrying out searches or investigations in relation to drugs should refer to the DfE and

ACPO drug guidance for schools dated September 2012 and available

https://www.gov.uk/government/publications/drugs-advicefor-schools.

B. School Rules and Policies As can be seen from the above, and in particular from the DfE guidance, the position on searching pupils

has been significantly strengthened and clarified in the last three years and that is to be welcomed.

There is nevertheless still good reason for boarding schools to have clear school rules which identify items

not covered by legislation and for which a search may be made. In the absence of school rules clearly

https://www.gov.uk/government/publications/drugs-advicefor-schools




identifying such items, school staff will not be protected by the legislation and guidance in carrying out

searches.

There is also good reason to include in school rules, policies, parent contracts etc an express power to

search. The guidance makes clear that schools can make it a condition of having a locker or a room that the

pupil consents to these being searched for any item whether or not s/he is present.

C. To seek, or not to seek, consent?

The DfE guidance makes clear that school staff can search pupils for any item provided the pupil consents

(assuming that the pupil is of a sufficient age to be able to consent, ie understands the implications of

consenting).

Clearly most boarding schools will want to proceed by way of consent wherever possible, rather than relying

on their statutory powers. Whilst consent does not need to be recorded in writing it is probably safer if it is.

If there is a dispute about the validity of consent schools will be able to fall back on their statutory powers,

but only in circumstances where the items searched for fall within the definition of prohibited items, and only

on the basis that the staff member has complied with the relevant conditions set out in s. 55O Z.

In short, it obviously makes sense to ensure that any staff members authorised to carry out searches

routinely seek to do so in a manner which is compliant with the legislation, whether or not consent is

obtained.

D. Protection of the person The power to search without consent does enable a personal search of a pupil involving the removal of outer

clothing and searching of pockets. An intimate search going beyond that is not permitted by the Education

Act and can only be carried out by someone with more extensive powers (such as a police officer). Any

attempt by a staff member to conduct an intimate search will leave him/her open to charges of assault and/or

indecent assault.

The legislation and guidance have an expectation that searches of pupils will generally be carried out by an

authorised staff member of the same sex. However there are circumstances in which a search may be

carried out by a member of the opposite sex. These are when the person carrying out the search

reasonably believes there is a risk that serious harm will be caused to a person if the search is not carried

out and in the time available it is not reasonably practicable for the search to be carried out by a person of

the same sex.

A similar rule applies to the presence of witnesses to any search. A witness must always be present in the

case of a search unless the person carrying out the search reasonably believes there is a risk that serious

harm will be caused to a person if the search is not carried out and in the time available it is not reasonably

practicable for the search to be carried out in the presence of a witness.

E. The position of staff Headteachers can authorise which staff members can use the statutory powers of search, but they must

be so authorised. Security staff can be required to carry out searches, but teaching staff cannot be forced

to carry out searches without their agreement.

F. Reasonableness The statutory power of search, and for that matter any contractual power of search, is subject to a

reasonableness test. Teachers can only undertake a search without consent for a prohibited item where

they have reasonable grounds for suspecting that a pupil has a prohibited item in his/her possession.

G. Jurisdiction The legislation only provides statutory powers of search in England. It does not provide protection outside of

England, for example on overseas trips. This is yet another reason for schools not simply relying on their




statutory powers but ensuring they have policies incorporated into the school parent contract on which they

can rely.

H. Impact of human rights legislation The Human Rights Act 1998 (‘HRA’) came into force on 2 October 2000. It incorporates into English law the

rights and freedoms articulated in the European Convention on Human Rights, an international treaty drawn

up in 1950. The central provision of the Act is to make it unlawful for a public authority to act in a way that is

incompatible with a person’s convention rights.

The HRA binds public authorities or other bodies exercising public functions. Independent boarding schools

are, in contrast, generally viewed as private communities exercising private functions, since the provision of

educational services is regulated by contracts with parents. It is unlikely, therefore, that independent

schools are vulnerable to direct claims from pupils (or parents) based on breaches of human rights.

However, this is a developing area of law and schools should take into account that, for example, courts are

public bodies and are bound to consider the HRA in the way in which they administer justice.

I. Checklist for searches 1. Whether or not the item under search is high risk – such as knife or drugs – pupils should only be

searched if the search is legitimate and is based on a reasonable suspicion. Before proceeding consult

the relevant school policy/rules and the DfE Guidance www.gov.uk/ government/publications/searching-

screening-andconfiscation

2. The extent and nature of the search should be proportionate to the value of or “risk factor” of the item

sought (even in the case of stolen property), otherwise there is a danger that it will be considered

unreasonable and perhaps lead to a suspicion of an ulterior motive: for example, if every child’s locker

were searched regularly for lost textbooks this could be seen as a mere pretext for an unreasonable

intrusion into their privacy.

3. The extent of the search should also be proportionate to likelihood of the item being found.

Consequently, to search all school property when it is most likely that the item will be found in one

classroom or one pupil’s locker might be an unjustified invasion of the privacy of other pupils and fall

outside the terms of the legislation. A wider search might, however, be justified if the item was

particularly valuable or dangerous and the evidence could not narrow down the likely culprits.

4. Again, to reduce the chance that a search is the subject of argument at a later stage, it is important that,

insofar as possible, the school’s policy documents set out explicitly the circumstances in which a search

is likely to be made. Using the example of drugs, the policies might make it clear that a search would be

undertaken where possession, supply or manufacture of drugs is reasonably suspected.

5. Having considered these factors and decided that a search is reasonable and (hopefully) supported by

policy documents and/or legislation, the school should still normally seek the pupil’s consent.

6. If consent is refused, and the matter is now considered sufficiently serious, and in the circumstances the

law supports a search without consent, a teacher may proceed notwithstanding the pupil’s objections. If,

however, the allegation is sufficiently serious to warrant this degree of searching, then consideration

should be given to whether the pupil’s parents should be informed and/or the police involved.




7. Similarly, if the pupil is away and, as a result, it is not possible to seek his/her consent, the teacher

should check whether the school’s policies provide that a search of school property may be carried out in

the pupil’s absence and consider whether the particular circumstances are serious enough to warrant the

search.

8. If possible, the pupil should be present during any search of school property used to store his

belongings. This will hopefully reduce the chances of an allegation that an item was planted.

9. The search should always be carried out by an authorised staff member of the same sex and take place

in the presence of an adult witness unless the exception in the legislation applies. A written record of the

search should be made setting out the main details of the search, including the date, time, people

present and the outcome.

J. After the search The DfE guidance lays down the rules regarding retention and/or disposal of prohibited items recovered

during a search – and also of those circumstances where prohibited items should be handed over to the

police (eg in the case of drugs or unlawful pornography).

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