1. What the law allows:        

  • Schools can require pupils to undergo screening by a walk-through or hand-held metal detector (arch or wand) even if they do not suspect them of having a weapon and without the consent of the pupils. 
  • Schools’ statutory power to make rules on pupil behaviour3 and their duty as an employer to manage the safety of staff, pupils and visitors4 enables them to impose a requirement that pupils undergo screening.
  • Any member of school staff can screen pupils.

      Also note:

  1. If a pupil refuses to be screened, the school may refuse to have the pupil on the premises. Health and safety legislation requires a school to be managed in a way which does not expose pupils or staff to risks to their health and safety and this would include making reasonable rules as a condition of admittance. 
  2. If a pupil fails to comply, and the school does not let the pupil in, the school has not excluded the pupil and the pupil’s absence should be treated as unauthorised.  The pupil must comply with the rules and attend.
  3. This type of screening, without physical contact, is not subject to the same conditions as apply to the powers to search without consent.    

 

3Section 89 of the Education and Inspections Act 2006
4Section 3 of the Health and Safety at Work etc. Act 1974