Strip-Searches: “One Child Strip-Searched Every 14 Hours”

Last week saw the office of the Children’s Commissioner, Dame Rachel de Souza, publish data regarding strip-searches of children in England and Wales. The data covered the period 2018 to mid-2023 and during this time over 3,300 children were strip searched, amounting to one child being search every 14 hours.

It has further been noted that 1 in 20, so 660, of those searches were not in compliance with the strict rules regarding the search of children, and that children were four times more likely to be strip-searched if they were black.

The rules regarding strip-searches of children are governed by the Police and Criminal Evidence Act 1984 (PACE).

Police and Criminal Evidence Act

PACE contains codes of practice for police officers regarding the detention, treatment and questioning of individuals held by the police. This Code also covers the requirements and rules in place regarding strip-searches of juveniles. PACE notes that “anyone who appears to be under 18, shall, in the absence of clear evidence that they are older…be treated as a juvenile for the purposes of this Code”. Therefore, the term “juvenile” can be taken to mean anyone under the age of 18 years old. Below, we have used the term “child or young person” instead of “juvenile”.

Code C, Annex A of PACE deals with strip searches and sets out the rules and requirements to be complied with when undertaking such searches. A strip search means any search by police officers that requires more than the removal of outer clothing, including socks and shoes. Strip searches must only take place if the officer reasonably considers that the detained person has something on them which they are not permitted to have.

With regards to all strip-searches, the following requirements must be met:

1. The officer(s) carrying out the search must be the same sex as the person detained;
2. The search shall take place somewhere that the detained person cannot be seen by anyone else of the opposite sex (save for an appropriate adult), or by anyone else whose presence is not required (i.e. the search should not take place in a public place).
3. Unless the search needs to be carried out urgently, if the search involves the exposure of intimate body parts, there must be at least two officers present in addition to the detained person being searched;
   

   If the search is of a child or young person, the presence of more than two people (i.e. police officers), other than the appropriate adult, shall be allowed only in exceptional circumstances.

4. Unless the search needs to be carried out urgently, if the search is of a child or young person, or someone who is vulnerable by virtue of their mental health, then one of those individuals present at the search must be an appropriate adult.
   

   The only exceptions to this are (a) if there is a risk to the risk to the child or young person’s life or welfare or (b) if the child or young person confirms, in the presence of the appropriate adult, that they do not wish for the appropriate adult to be present during the search. This must be documented and signed by the appropriate adult.

   An appropriate adult is someone, such as a parent or another suitable adult, who supports children or vulnerable people who are detained and/or interviewed by the police under PACE.

5. The officers conducting the search should make every reasonable effort to ensure that the individual is able to cooperate with the search, and that minimal embarrassment is caused to that person. It would be expected that if the detainee is required to remove clothing that this is done in a way that allows that person to retain their dignity as far as possible. To achieve this, it is good practice for clothing from the waist up to be removed to allow a search or inspection to take place of the upper body and for the detained person to then be given the opportunity to get dressed and then if necessary, remove clothing from the waist down to complete the search.

It is clear from the recent data published by the Children’s Commissioner that police officers are simply not following the requirements, which clearly set out in PACE. Dame de Souza is of the view that strip-searches should only take place if there is a life-threatening situation, and she has indicated that it is her intention for her office to publish data regarding the strip searches of children and young people annually, until the number of inappropriate strip-searches being conducted comes down. Strip-searches are invasive and distressing, particularly if the person being searched is a child or young person and/or they have been targeted simply because of their race; the impact can be traumatic and have long-lasting consequences.

If you have been subjected to a strip-search that did not comply with PACE or was possibly unlawful, then you may be able to bring a claim for damages for a breach of your rights under Articles 3 and 8 of the European Convention on Human Rights (which is implemented by the Human Rights Act 1998):

• Article 3 protects the right to freedom from torture or inhuman and degrading treatment. The threshold for the type of harm needed for a breach of Article 3 is high, however depending on the circumstances and nature of the search, it may be arguable that your Article 3 rights have been breached.

• Article 8 protects the right to privacy, bodily integrity and family life. Unlawful arrests and/or assaults can potentially amount to breaches of this right and it may be that this right was breached as a consequence of the strip search.

Quite often, there are additional factors at play when considering whether or not the strip-search was PACE compliant. This may include (1) whether the detention in order to carry out the search was itself lawful or you were falsely imprisoned (2) whether there was sufficient justification to carry out the search and (3) whether the child or young person has been discriminated against by virtue of their race which, based on the data published by the Children’s Commissioner very well may be the case.

If you or someone you know have been strip-searched and you believe that this was unlawful or in breach of rules as set out in PACE, you may be able to bring a claim for damages. You can contact our legal experts by calling 0330 822 3451 to speak with a civil liberties solicitor, alternatively, you can request a call back.