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A question, reference children being searched at school

Posted: Fri Feb 12, 2010 4:50 pm
by Kwackerz
Anyone know the rules, procedures behind this?
My daughter has been accused of nicking money, despite the time and whereabouts not matching her movements.. she was blatently in a class at the time of the incident and not in a changing room as accused.
Basically a teacher searched her today looking for 'stolen money'. She (daughter) is 16, but still obviously a minor. Ive asked why I was not informed of the incident either before or after.
Before I click out of seethe mode and into completely bloody annoyed kicky offy type mode, does anyone know the pukka rules with regards searches of minors? I thought the rules had not been brought in yet - Apprenticeships, Skills, Children and Learning Act 2009? due to be released this year?

Posted: Fri Feb 12, 2010 6:23 pm
by Falco9
I'm no expert but I am pretty certain that another independent adult should have been in attendance when the search was conducted.

As to whether they have the right to search your daughter I'm afraid I don't know

Maybe T.C would be able to help?

I share your fury though, I have a sixteen year old daughter as well and anyone (teacher or otherwise) searching / laying hands on her without me or her mother in attendance would be in serious bother

Hope you get the matter resolved asap

F9 :smt006

Posted: Fri Feb 12, 2010 6:30 pm
by BikerGran
I would have thought they would have the right as teachers are 'in loco parentis' while children are at school, although they're not supposed to cuddle little ones that hurt themselves - was this a body search or a search of her bag and locker?

Posted: Fri Feb 12, 2010 6:34 pm
by hobbit
If it was a male teacher, that's verging on assault, and if a female chaperone wasn't present, about 6 months . . .

Posted: Fri Feb 12, 2010 6:58 pm
by Kwackerz
From what i gather it wasnt a cavity search!! just pockets, remove shoes and check inside them, bag search and the like. I shall quiz her ladyship later on what went on with a bit more depth and apply some leniency to her take on it.. i know there's two sides to most stories and im sure they are too BG, although i thought they were then meant to inform the parents.
It was a female teacher and apparently one that has a habit of not quite following the book, not that i have a problem with her being searched however i do believe a one on one search is a no-no and i wasnt informed.

I think the incident sparks from typical teenage girls bitchfighting and trying to get the other into trouble or seen in a bad light, as they do.. typical bloody girls! why cant they just punch each other out like lads do? so much easier.. :smt011

Mrs K has been informed that if the new arrival turns out to have tits, it's going straight back where it came from until she gets it right and produces a boy.

Posted: Fri Feb 12, 2010 7:14 pm
by T.C.
Falco9 wrote:
Maybe T.C would be able to help?
I am afraid this is outside of my area of expertise, as rules for search as a police officer are different to other walks of life, however!

There should have been at least one other teacher present of the same gender, and that I am afraid is where I dry up :smt009

For what it is worth, I would have thought that ff the allegation was deemed sufficient to warrant a search, then the Police should have been called as there is obviously an alleged theft, and is therefore a criminal offence, so by calling the Police, they would have had the authority to carry out the search themselves.

That is not to say I am correct as I was never much up to speed on stop and search other than for certain situations, but maybe one of the current serving pepes may be able to help.

Posted: Fri Feb 12, 2010 7:18 pm
by joecrx
dont know much about it but TC,s law sounds right if it isint it should be

Posted: Sat Feb 13, 2010 12:50 am
by BikerGran
There certainly should have been a third person present, otherwise it could be one teacher's word against a child's word, which would be a very unequal situation.

I think a quiet word with the head about procedure would definitely be in order.

Posted: Sun Feb 14, 2010 4:42 pm
by Nooj
From a mate who's a teacher. He's in Scotlandshire though, so the rules maybe differents as he says. He's going to have an ask around anyway.
Not sure bud.
I think, and it is only a thought, that bags can be searched as long as there are at least two members of staff there to witness the search.
Not sure about actual body searches, my feeling (or muzzy, alcohol tainted recollection) is that they should only be done by the police.
Again, none of this is from knowing the legislation involved, only what I think I remember.
Sorry I can't be much more help.

I can ask around for you though.

Other thing is we may (probably will) have different legal requirements up here than you folks down south.

light derail

Posted: Sun Feb 14, 2010 7:00 pm
by snapdragon
Kwackerz wrote: Mrs K has been informed that if the new arrival turns out to have tits, it's going straight back where it came from until she gets it right and produces a boy.
on MrsK's side I'd say >> just so long as you take your half by the same means your half exited.



although I totally agree that girls appear to be nightmares

Posted: Sun Feb 14, 2010 9:36 pm
by Kwackerz
Thanks for the replies, still waiting for an email or phonecall although granted its the weekend..
Nooj, cheers for that, appreciated

Snappy, Im sure it will be a boy... better be!! could be painful!

Posted: Sun Feb 14, 2010 10:37 pm
by Nooj
Im sure it will be a boy
Might be an hermaphrodite.

Posted: Sun Feb 14, 2010 10:55 pm
by D-Rider
Whatever it is, he/she won't have much growing to do before they are taller than their dad .............

:smt002

Posted: Sun Feb 14, 2010 11:12 pm
by Kwackerz
*mutters under breath*

Thanks... :smt002

Posted: Mon Feb 15, 2010 1:31 pm
by Samray
Speaking to a teaching assistant who queried being asked to assist a student on a one to one basis behind a closed door in an annex to the classroom, she was told that if there was any kind of incident the teaching staff would have to take the child's side as the assistant was not a member of the union.

Irrelevant, except for raising the union issue.