Strip Searching of Children

Lindsay Hoyle Excerpts

Tuesday 28th March 2023 Commons Chamber

[Miss Dines]

My right hon. Friend is entirely right. There are serious and important safeguarding reasons behind this, which is why it is important that the PACE codes are adhered to. Young people are often exploited by criminal gangs who recruit them to transport drugs in intimate body cavities, and we need to identify and stop that. It is shocking that about half the children who are searched have such illegal substances on them, often because of those criminal gangs. Stopping that will require a mixture of policing and safeguarding, and we need to get the balance right. Like my right hon. Friend, I am very keen to ensure that the police are doing what they should be doing, because no one wants them to go beyond what is unlawful.

[Mr Speaker]

I call the shadow Minister.

[Sarah Jones (Croydon Central) (Lab)]

We all accept that in certain extreme circumstances it will be necessary to search children, and this discussion does not question that. The findings of the Children’s Commissioner, Dame Rachel de Souza, on the strip search of children are shocking, and I pay tribute to her. One child who was strip searched aged 13 is quoted as saying:

“They told me to get naked. They told me to bend over… I think there were about three officers present. So, I’ve got three fully grown blokes staring at my bollocks”.

I repeat that that child was 13.

Let us be clear about what the law allows a strip search to entail. The report states that

“searching officers may make physical contact with…orifices. Searching officers can physically manipulate intimate body parts, including the penis or buttocks”.

That is very intrusive. However, Dame Rachel found that 53% of searches of children did not include an appropriate adult, in 45% of cases the venue was not even recorded, 2% of searches took place in a public or commercial setting, and 1% took place in public view. The report also identified very high levels of disproportionality, with black children up to six times more likely to be strip searched. This is not just a problem with the Met; other forces conducted proportionally more strip searches of children.

Child Q was strip searched in December 2020, and a report on the search was published in March 2022. That was a year ago. I stood in the House and told the then Minister that the guidance in the authorised professional practice of the College of Policing on strip searching children and Police and Criminal Evidence Act codes A and C were not clear enough, but nothing has been done. Dame Rachel has said exactly the same in her report one year on. Why did the Government not act a year ago? Why have we allowed hundreds more children to be strip searched without proper protection? Yet again, the Conservatives’ hands-off approach is under-mining confidence in policing and the safeguarding of our young people.

I appreciate that this report is new and that the Minister is new and she will take some time to consider the recommendations, but the fundamental review of PACE called for by the Children’s Commissioner is in the Minister’s gift and we have been calling for it for a year. Will the Minister commit to it today? If not, will she at least give us a timescale on when she will come back with how she plans to act?

I hope the Minister will condemn the response of the Government Minister in the other place yesterday in a debate on the same subject, who simply said:

“I assume that they have very good reasons to do this; otherwise, they would not conduct these searches.”—[Official Report, House of Lords, 27 March 2023; Vol. 829, c. 17.]

That complacency and that optimism bias fly in the face of Dame Rachel’s findings. Does the Minister accept that there is any problem at all? We need to see change, and the Minister can make it now.

--- Later in debate ---

[Miss Dines]

My right hon. Friend is absolutely right. I know she works incredibly hard on this issue in her constituency. There are important reasons why strip search has to be used on some occasions. It is a tool that must be used proportionately, and it has to be in the police’s armoury when dealing with criminal gangs. This is a safeguarding issue, too, and not only a pure policing issue. We need to protect our young people from these criminal gangs, and it is only right that we remember that the police find something in about half of the cases. The police must act lawfully, but we should not stop them using these powers.

[Mr Speaker]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Children’s Commissioner has uncovered the shocking absence of a working system of safeguards across multiple police forces. There is no scrutiny by senior police officers to ensure that basic protections for children are being met, and a complete disregard for the potential trauma of strip searching vulnerable children.

Again, just one week after the Casey review, we see that police forces have systemic problems with transparency, scrutiny and non-compliance with the rules. Given that even experienced officers are not following basic safeguards, what will the Minister do to ensure that the huge influx of new, inexperienced officers brought in under the uplift programme—often supervised by sergeants with very limited experience—are properly trained and understand their basic duty to protect and safeguard children?

--- Later in debate ---

[Ian Paisley (North Antrim) (DUP)]

On a point of order, Mr Speaker.

[Mr Speaker]

A point of order comes after statements unless it is relevant to the urgent question.

[Ian Paisley]

It does have relevance, Mr Speaker.

During the course of questions this morning, the terror threat level in Northern Ireland was raised to severe, making it clear that an attack is now highly likely. Is the Department able to inform the House of the reasons for that increase in the terror threat?

[Mr Speaker]

There are two things. First, the hon. Gentleman has misled me, because I thought the point of order was in relation to the question that he had asked. Secondly, we do not discuss security at this level. I think it will have been mentioned, and I am sure that somebody can contact him to give him the information that he is seeking.

That completes the urgent question.