2.7.3 Searching Children (and their Belongings) |
REGULATIONS AND STANDARDS
England: STANDARD 3 - Promoting positive behaviour and relationships
Regulation 17 - Behaviour management, discipline and restraint
Wales: Standard 7: Privacy and Confidentiality . See: Children's Homes Regulations and Standards (Wales) 2002
OUTCOME STATEMENT
Children's privacy is respected and information is confidentially handled.
RELEVANT CHAPTERS
Contents
1. Searching
It may be appropriate to conduct a search of a child or a child's belongings if there is reasonable cause to believe that the child has concealed weapons, illegal drugs other items which may place the child or others at risk of injury.
1.1 Searches with Co-operation
If there is a suspicion that such items are concealed, staff should try to obtain them with the child's co-operation.
Before conducting such a search, staff should consult their own supervisor/manager and the child's social worker. Two staff/carers should be present during the search, one of whom should be the same gender as the child, and the child should be present.
Only outer garments may be searched. More intimate searches may only be conducted by the Police or with the authorisation of the Court.
When conducting searches, reasonable precautions must be taken to protect against possible sharp or dangerous objects that may be concealed.
If weapons or any dangerous or offensive items are found, they must be confiscated and passed to the Manager.
1.2 Searches without Co-operation
If the child does not co-operate, or is likely not to, a search may be undertaken without the child's co-operation or knowledge.
Unless there are exceptional circumstances, the Manager and child's social worker must be consulted and come to a decision about the actions that may be taken. It may be appropriate to consult relevant Line Managers.
When coming to a decision on the actions that will be taken, the managers/social worker(s) must take account of the following:
- Two staff/carers must be present, one of whom must be the same gender as the child, and the child if possible.
- Only outer garments may be searched. More intimate searches may only be conducted by the Police or with the authorisation of the Court.
- When conducting searches, reasonable precautions must be taken to protect against possible sharp or dangerous objects that may be concealed.
- If weapons or any dangerous or offensive items are found, they must be confiscated and passed to the Manager/Supervising social worker or child's Social Worker.
Exceptional CircumstancesIf there is an immediate risk of Injury or Damage to Property, staff may take what actions they deem to be appropriate to protect themselves or others. As a Last Resort, this can include the use of Physical Intervention in order to search a child, and the entering of a child's bedroom without their knowledge. However, staff must only take such actions if it is safe to do so and their actions comply with the provisions/procedures set out in Physical Intervention Procedure. If there is a risk that an offence may be committed, the Police must be called (See: The Police Procedure) |
2. Notifications and Management Review
There are different notifications procedures for searches concluded with and without children's co-operation.
2.1 With Children's Co-operation
Searches undertaken with the child's co-operation, where no force is used, must be notified to the Manager at the first opportunity; the manager will decide whether to inform the relevant social worker.
2.2 Without Children's Co-operation
Searches conducted without the child's co-operation, where a level of force has been used, is an Incident and must be notified to the Manager and relevant within 24 hours or as soon as practicable thereafter.
The social worker should decide whether to inform the child's parent(s) and, if so, who should do so.
Depending on the seriousness of the Incident, other people/agencies may have to be notified, see Notifiable Events Procedure.
All searches conducted without the child's co-operation must be subject to a Management Review, as set out in Section 5, Incidents - General Guidance.
3. Recording
There are different recording procedures for searches concluded with and without children's co-operation.
3.1 With Children's Co-operation
These searches should be noted the home's Daily Log, relevant child's Daily Record, with details as listed below on a Detail Record.
The details, which must be included in the Detail Record, are:
- The time and date of the search
- The reason or suspicions which led to the need to conduct the search
- Who conducted the search and whether the child or others were present
- What was found, and whether items found were retained/confiscated
- If items were retained/confiscated, where they were stored
All those present including the child must sign the Detail Record, whether or not s/he was present.
3.2 Without Children's Co-operation
Searches conducted without the child's co-operation and where a level of force is used, are deemed to be an Incident.
Section 3, Incidents - General Guidance summarises the records that must be completed in these circumstances.
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