Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will consider the potential merits of requiring police officers to treat all young people who claim to be under 18 as such unless there is clear evidence to the contrary.
Strip search is one of the most intrusive powers available to the police. There will be times when it is necessary to use such powers, to prevent and detect crime, protect officers or the public. The Government is clear that they must be exercised fairly, respectfully and lawfully, and particularly for strip-searches on children, with regard for the child’s welfare and dignity.
We recognise concerns about where children may be treated as older than they are because of their size, build or other characteristics. We are considering measures that will aim to reduce any implied emphasis on physical appearance when officers assess age and to support a more objective, child-centred approach in practice.
We recognise that repeat strip searches of children can cause significant harm. The Home Office now collects annual data on the use of strip search in custody and under stop and search. The expansion of the Annual Data Requirement has strengthened the quality and consistency of information collected on strip searches, enabling clearer scrutiny of police practice and better-informed safeguarding assessments. Police forces are now required to provide more detailed and consistent data on searches conducted both in custody and under stop and search powers. We are considering further safeguarding measures for repeat strip searches and to improve data recording and collection so that they can be better identified, scrutinised and reviewed.
We recognise that failures to meet statutory safeguards are unacceptable. As part of our manifesto commitments, we are considering a package of measures to introduce new legal safeguards around strip searching children and young people. These reforms will strengthen safeguarding, improve accountability and oversight, and provide greater clarity and consistency in the use of these powers.
Police forces are operationally independent, and decisions on the handling of individual cases, including misconduct and complaints, are a matter for the police and the relevant oversight bodies. There is an established framework for referring the most serious matters to the Independent Office for Police Conduct, and due process must be followed in each case.