About this guide

This advice is intended to explain schools’ powers of screening and searching pupils so that school staff have the confidence to use them. In particular it explains the use of the power to search pupils without consent. It also explains the powers schools have to seize and then confiscate items found during a search. It includes statutory guidance which schools must have regard to.

This advice replaces Screening and Searching of Pupils for Weapons: Guidance for School Staff.

Expiry/review date

This advice will next be reviewed in 2013.

What legislation does this advice relate to?

  • Education Act 1996;
  • Education and Inspections Act 2006;
  • The Schools (Specification and Disposal of Articles) Regulations 2012;
  • The School Behaviour (Determination and Publicising of Measures in Academies) Regulations 2012; and
  • Health and Safety at Work etc. Act 1974

Who is this advice for?

This advice is aimed at headteachers, school staff and governing bodies in all schools in England.

This guidance applies to all schools except sixth forms or FE colleges.

Key points

Searching

  • School staff can search a pupil for any item if the pupil agrees1.
  • headteachers and staff authorised by them have a statutory power to search pupils or their possessions, without consent, where they have reasonable grounds for suspecting that the pupil may have a prohibited item. Prohibited items are:
    • knives or weapons
    • alcohol
    • illegal drugs
    • stolen items
    • tobacco and cigarette papers
    • fireworks
    • pornographic images
    • any article that the member of staff reasonably suspects has been, or is likely to be used:
  1. to commit an offence
  2. to cause personal injury to, or damage to the property of, any person (including the pupil)
  • headteachers and authorised staff can also search for any item banned by the school rules which has been identified in the rules as an item which may be searched for2.

Confiscation

  • School staff can seize any prohibited item found as a result of a search. They can also seize any item, however found, whichthey consider harmful or detrimental to school discipline. 

1 The ability to give consent may be influenced by the child’s age or other factors.

2 This provision applies to academies through The School Behaviour (Determination and Publicising of Measures in Academies) Regulations 2012.