WQ94862 (d) Tabled on 05/11/2024

Is it the policy of the Government to amend their current guidance to schools to allow teachers to conduct searches without consent if necessary if they have reasonable grounds to suspect that a student is in possession of prohibited items?

Answered by Cabinet Secretary for Education | Answered on 14/11/2024

As set out in Safe and Effective Intervention: guidance for schools and local authorities, headteachers have the power to search learners without consent where they have reasonable grounds for suspecting that a pupil has a knife or other weapon. They also have the power to screen, without suspicion, leaners for weapons.

Whilst it is not possible in Wales to search learners for other prohibited items such as controlled substances without their consent, under common law, school staff have the power to search a learner or their possessions for any item if the learner agrees. If the learner is reluctant to agree, this request can be repeated in the presence of parents/carers or, where appropriate, the police.

As it stands, there are no plans to update guidance to provide further powers for teachers to conduct searches. Should evidence suggest having such extensive powers to search, are necessary, I will re-consider this position.