Under article 8 of the European Convention on Human Rights pupils have a right to respect for their private life. In the context of these particular powers, this means that pupils have the right to expect a reasonable level of personal privacy.
The right under article 8 is not absolute, it can be interfered with but any interference with this right by a school (or any public body) must be justified and proportionate.
The powers to search in the Education Act 1996 are compatible with article 8. A school exercising those powers lawfully should have no difficulty in demonstrating that it has also acted in accordance with article 8. This advice will assist schools in deciding how to exercise the searching powers in a lawful way.
