Departmental advice http://www.education.gov.uk/f0076803/guide-for-heads-and-school-staff-on-behaviour-and-discipline/confiscation-of-inappropriate-items 2012-04-26T15:19:07 Confiscation of inappropriate items Confiscation of inappropriate items Advice on confiscation of inappropriate items from pupils for heads and school staff. <![CDATA[<h1> What the law allows</h1> 30. There are two sets of legal provisions which enable school staff to confiscate items from pupils: <ol> <li> The general power to discipline (as described in the bullets under the heading Discipline in Schools – Teachers’ Powers on page 3) and at the end of this sentence, enables a member of staff to confiscate, retain or dispose of a pupil’s property as a punishment and protects them from liability for damage to, or loss of, any confiscated items. The legislation does not describe what must be done with the confiscated item and the school behaviour policy may set this out.</li> <li> Power to search without consent for prohibited items6 including:</li> </ol> <ul style="margin-left: 40px"> <li> knives and weapons</li> <li> alcohol,</li> <li> illegal drugs</li> <li> stolen items</li> <li> tobacco and cigarette papers</li> <li> fireworks</li> <li> pornographic images</li> <li> any article that has been or is likely to be used to commit an offence , cause personal injury or damage to property</li> <li> any item banned by the school rules which has been identified in the rules as an item which may be searched for.</li> </ul> <div style="padding-left: 40px"> The legislation sets out what must be done with prohibited items found as a result of a search7.  </div> 31. Weapons and knives and extreme or child pornography must always be handed over to the police, otherwise it is for the teacher to decide if and when to return a confiscated item. 32. More detailed advice on confiscation and what must be done with prohibited items found as a result of a search is provided in <cite class="publication">Screening, searching and confiscation – advice for headteachers, staff and governing bodies.</cite> 6Section 550ZA of the Education Act 1996 7Section 550ZA of the Education Act 1996 ]]> false Governor Headteacher Leadership team Local authority Media Newly qualified teacher Support staff Teacher Teaching assistant Department for Education English Screening searching and confiscation advice for headteachers staff and governing bodies

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