PARLIAMENTARY DEBATE
Strip Searching of Children - 28 March 2023 (Commons/Commons Chamber)

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on the strip searching of children.

I am grateful to the hon. Lady for this important question. I also offer my thanks to the Children’s Commissioner for her report: it raises a number of concerns, which we take extremely seriously. The Government are, of course, considering the findings fully, and we expect the police to do so too. This is an important and emotive topic and, as with all areas of policing, it is right that we shine a light on practices and policies to understand where improvements can be made—and they invariably can.

Strip search is one of the most intrusive powers available to the police. No one should be strip searched on the basis of their race or ethnicity. Any use of strip search should be carried out in accordance with the law and with full regard for the welfare and dignity of the individual who is being searched, particularly if that individual is a child. If police judge it operationally necessary to strip search a child, they must do so in the presence of the child’s appropriate adult unless there is an urgent risk of serious harm or the child specifically requests otherwise and the appropriate adult agrees.

As the House is aware, it is the role of the Independent Office for Police Conduct to investigate serious matters involving the police. As one would expect, the IOPC is currently investigating cases of children being strip searched, including the case of Child Q. As part of those investigations, it will review existing legislation, guidance and policies. It is therefore only right that we await the IOPC’s findings in relation to Child Q so that any resulting actions and lessons can be applied with joined-up thinking across the law enforcement system.

It is for the police to perform their critical functions effectively. However, for them to do so, public confidence is vital. Our model of policing, as we all agree, depends on that consent. That is why we have made it a priority to ensure that forces meet the highest possible standards. Where improvements are needed, I will be unapologetic, as will the Prime Minister and the Home Secretary, in demanding that changes are made.

Thank you for granting this urgent question, Mr Speaker. I am disappointed not to see either the Home Secretary or the Minister for Crime, Policing and Fire responding to it.

The report published by the Children’s Commissioner yesterday is truly shocking. Children as young as eight have been strip searched, more than half of searches took place without an appropriate adult present, and 1% of strip searches were conducted within public view. Last year, I questioned Ministers about the Child Q scandal, in which a 15-year-old girl was strip searched at school, while on her period, without an appropriate adult present. The then Minister for Crime and Policing, the right hon. Member for North West Hampshire (Kit Malthouse), said that if there was “a systemic problem”, the Government would

“act on it accordingly.”—[Official Report, 21 March 2022; Vol. 711, c. 29.]

This report makes it crystal clear that we do have a systemic problem. It is clear that nothing has changed since Child Q. One teenager told the commissioner that

“every time I’ve been strip searched, it very much feels like a tactic used on purpose to humiliate me.”

No child should be profiled for a strip search because of their ethnicity. No child should be strip searched in view of the public. No child should be strip searched without an appropriate adult present.

The Government say that the IOPC is investigating and that we must await its findings. I say to the Minister that we have enough evidence already, so I ask her the following questions. Will she write to all chief constables to make clear the importance of adhering to the Police and Criminal Evidence Act 1984 codes of practice? Will she implement the commissioner’s recommendations to amend codes A and C so that an appropriate adult is always present, save in the most exceptional circumstances? Will the Government explicitly rule out performing strip searches in schools?

The guidance is not being followed routinely around the country. We need immediate action before another child is strip searched in such humiliating, traumatising circumstances again. No child can afford to wait.

I thank the hon. Lady for her submissions. It is important to note that while very occasionally a child as young as eight has been strip searched—[Interruption.] May I just clarify this? It is important to note that 95% of searches carried out are of males and 75% are of 16 to 17-year-olds, and that something illegal is found in about half the cases.

On the request for the Home Secretary to write to all chief constables about the possible upgrading or reconsideration of Police and Criminal Evidence Act codes A and C, that is being considered very seriously. Strip searches in schools will also be considered seriously. The report was received only very recently, but it is being looked at very earnestly and quickly. Three of its recommendations appertain directly to the Home Office, and they too are being looked at very seriously.

I am pleased to hear that the Minister is taking the report as seriously as she obviously is. It is clear that police forces need to do significant work in respect of the alarming levels of non-compliance with existing guidelines on strip searches. However, the Minister will be aware that there is no boundary to the evil that these gangs will perpetrate, and that if we create no-go areas or particular demographics where the police are restricted in some way in their searches, we immediately expose those demographics to exploitation by gangs. She will know that, for example, one of the reasons why county line gangs use teenagers so much is that the police cannot recruit them as informants. As a result, they are seen as easily exploitable by those gangs. While the Minister does her work to ensure that when strip searches are performed on minors that is done within the guidelines, will she ensure that she does not unwittingly expose very young children, in particular, to even more exploitation than they are currently exposed to?

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.

I call the shadow Minister.

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.

The Government and I very much welcome this report. There is, of course, opportunity for change and improvement, and we must do better for our children, but I do not accept the general proposition that the Government are doing nothing, as the hon. Lady suggests. That is simply not the case.

There has been ground-leading engagement recently. Since the case of Child Q came to light, the Home Office has engaged widely with stakeholders including the National Police Chiefs’ Council, custody leads and stop and search leads. The College of Policing is making improvements. His Majesty’s inspectorate of constabulary and fire and rescue services, the Police Federation, the Association of Police and Crime Commissioners and wider civil society organisations have been engaged by the police. There is movement in this space. Members on this side of the House take it very seriously. We want to safeguard our children from the criminal gangs.

The hon. Lady mentioned PACE. We are committed to looking at that. One of the core recommendations that bites against the Home Office is for the proper reconsideration of PACE to see if it is appropriate, and that will be done. I give a commitment to consider that recommendation carefully.

In relation to data, we have moved significantly in the last three years in that regard. We have increased our custody data collection to allow people who are looking at this to have more cognisance of the research that can be done to improve things, for example by knowing more information about the age, ethnicity or gender of somebody who is to be searched. This information is crucial. We cannot just jump to conclusions; this needs to be evidence-based. I am pleased that the Government are working on data.

This Government believe in scrutiny. As we set out in the “Inclusive Britain” report, the Government and policing partners will create a new national framework for how our police powers, such as stop and search, are scrutinised at local level. There are also protective measures to protect children and sometimes, it has to be said, to protect police officers. There is an increase in the use of body-worn videos to explore the sharing of body-worn video footage with local scrutiny panels—[Interruption.] Opposition Members seem to find this hilarious, but I think it is really important that local scrutiny bodies are able to see what is happening on the ground. The Home Office is supporting the Ministry of Justice, which is working really hard with the National Police Chiefs’ Council to develop these scrutiny panels so that the use of stop and search can be examined more, with the aim of addressing the difference in the experience of ethnic minority children and adults in police custody. This is really important work.

I, too, was worried and concerned about some of the things in the report, but I am pleased that the Home Office is taking steps and taking it incredibly seriously. In my constituency over recent weeks, I have seen an absolute increase in gangs operating, with children being exploited, and it is causing trouble on our high streets. It is essential that Kent police continue to have these powers to stop and search. My constituency and the people in it mean a lot to me, and therefore, despite the moans and groans from the other side of the House, stop and search is an essential tool, as is the ability of police officers to search for weapons and illegal substances. Will the Minister confirm that that will continue, and that we will take the findings of the report seriously?

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.

I call the Chair of the Home Affairs Committee.

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?

The right hon. Lady raises an important issue. As I have previously said at the Dispatch Box, the education and training of police officers is vital and more needs to be done. That is why the Government are engaging with the College of Policing to improve education in this regard.

Obviously, there is also local mentoring, but the right hon. Lady is right that better scrutiny is needed, which is why the Government are leading the push for better scrutiny of police forces by local groups. The Government are working hard in this area, and it is about time Opposition Members accepted the force of the Government’s work, some of it groundbreaking, to protect our children and the public from the criminal gangs who exploit children.

We have an outstanding police force in north Lincolnshire, and Humberside Police is widely recognised as the best force in the country. I recognise there is a small, limited set of circumstances in which these searches may be necessary, but we have to find a balance between allowing the police to do their job and protecting children. What can we do to ensure that, from today, any child who finds themselves in a situation in which they are to be strip searched by the police is able, if they wish, to have an appropriate adult present?

My hon. Friend raises an important point. Of course, PACE code C says there must be an appropriate adult present unless the specific exceptions I set out earlier are met. The PACE powers are quite onerous, and it is right that, when the state does something so intrusive to a child, or indeed an adult, the PACE code must be adhered to. Where the Children’s Commissioner has found the police wanting, there needs to be improvement, and the Government do not shy away from that. There needs to be proper protection for our children. PACE must be adhered to, and it will be reviewed.

It would be alarming if a Government accepted recommendations within hours of a report; we need there to be proper understanding and consideration. After looking at the three basic recommendations, I am concerned that Opposition Members seek to inflame local policing by emphasising, for example, the strip and search of an eight-year-old, when there have been in excess of 2,500 such strip searches—most of which were of people over the age of 16. It is not right for the Labour party to inflame local policing by misquoting or misrepresenting what is going on. I reiterate that 75% of those searched are 16 or 17, and about half are found with illegal substances or weapons on them.

The shocking strip search of Child Q happened in 2020 and came to public attention a year ago. It is not acceptable for the Government to hide behind the Independent Office for Police Conduct investigation in order to justify a lack of action on the routine breaching of existing guidance, and it is not acceptable for the Minister to downplay or excuse the routine breaching of existing guidance as she has done today. Sixteen and 17-year-olds are still children. Why has there been such a disgraceful lack of urgency and action on this issue, and when will the Minister be able to guarantee that children will always be treated as children by the police, with the full application of statutory safeguarding duties?

With the greatest of respect, I do not accept that I have downplayed the seriousness of this issue; it is very serious. The Government received the report on Monday. Today is Tuesday. Proper consideration is the basis of good government; there is no need for knee-jerk reactions. The Government are working very hard and will continue to do so. It would be damaging to jump in on the Child Q situation before the IOPC report, as due processes need to be adhered to, but there are concerning warning signs and the Government take the matter very seriously.

What is the Minister doing to address adultification bias in our police and justice system, by which black children are systematically treated as adults and thus denied the basic protections to which they have a right, as we see in the report? Or will she dismiss it as more woke nonsense in order to hide her Government’s fundamental failure of leadership on this question?

With respect, I have not used the word “wokeification”—[Interruption.] I will be corrected if I have. The adultification of any child, regardless of colour or sex, is not acceptable. That is why we have code C of PACE to protect and safeguard children. It is not right or acceptable that any person—child or adult—is strip searched because of their ethnicity, and adultification is not appropriate. The police should not be making children feel like they are adults. There are rules: there should be an appropriate adult present, and the process should be done in an appropriate way. The police must be called out when they are not doing this properly, but they also need to be able to get on with their job when they are acting lawfully.

It is no wonder that a report by Crest Advisory found that just 36% of black children trust the police, compared to 75% of white children. Black children know full well that they are not receiving fair treatment, and we must be able to hold the police to account for that. When will the Government commit to compelling police forces to report annually on the strip searching of children, including information on ethnicity?

As I mentioned, collecting data is fundamental. Initially, that will be on a voluntary basis, but the Government are working with forces and the National Police Chiefs’ Council to improve data collection in future years. Such information will be part of our annual statistical bulletin. It is important that we have proper evidence and data, so the hon. Lady is right to want that. The Government are committed to improving this provision in discussion with the NPCC.

The Minister has made it clear that, if the police are to have these powers, they must be used proportionately and within the guidelines, but it is as obvious as a galloping horse that they are not being used proportionately and they are not being used within the guidelines. The statistics that have been produced with regard to Northern Ireland show that in 2021—whenever we had a period of devolution—there were 27 searches of children, and in only one case was there an appropriate adult accompanying that child. The justice system in Northern Ireland allowed that atrocious set of circumstances to pertain. Between 2021 and 2022, there were 53 searches of children, and only three items were found: in one case, a mobile phone; and in two instances, drugs. The Minister can say, “If you have devolution of these issues in Northern Ireland, it can all be swept under the carpet.” It cannot. This House and the Department are responsible now. What will the Minister do about it?

If the Northern Ireland statistics put forward by the hon. Gentleman are accurate—I am sure they are, as he has done the research—they are shocking and concerning. I am therefore very happy to say that, in the absence of the Assembly, I will speak to the Secretary of State for Northern Ireland to see what more can be done. These are draconian powers; the police need them in circumstances and in some circumstances they should not be used, but there needs to be a proper balance. I am very happy to undertake to speak to the Secretary of State about this issue.

I try not to get personal—to keep things professional—but my daughter is eight years old. To think that she could have been strip searched and I, her parent, would not have been informed! I think about all the other parents and carers whose children this has happened to, on what seems to be a regular basis.

Following the news about Child Q, I and my two other Lambeth colleagues—my hon. Friends the Members for Streatham (Bell Ribeiro-Addy) and for Dulwich and West Norwood (Helen Hayes)—wrote to our local police, because we found that our borough had the highest rate of multiple searches of intimate parts, or strip searches. This is traumatising for the young people involved.

I would like the Minister to read an important book called “Girlhood Unfiltered” by Ebinehita Iyere, which details the trauma that these young girls are going through and says that, for the young people being subjected to the experience, it is not a new one; this has been going on for many years, and the data and investigation are only highlighting the scale of the problem. Respectfully, when will the Minister and this Government outlaw this abhorrent practice on our young children, and treat them like young children?

Children must be safeguarded, and treated fairly and lawfully, which is why it is important to have a full view of what is happening. It is important to look at the statistics in context. Unless there are exceptional circumstances, a child should not be strip searched without an appropriate adult and without a parent being informed. That is the law and those are the rules, and the police must abide by them. When they do not, they quite rightly must be held to account. Again, when it comes to the statistics, I implore the Opposition to have some perspective: most of those searched are 16 to 17 years old. When they are younger, there needs to be a high level of exceptionality, and when the police get it wrong they must be called out, which is why I take the report very seriously and will be reviewing the three recommendations to the Home Office.

Serious concerns were raised in the Casey report about the strip searching of children, alongside a damning account of culture in the Met. We know that there are serious issues with culture and behaviour in police forces across the country, so can I ask the Minister why the Government still have not introduced national standards on vetting, misconduct and training within the police?

As the hon. Lady knows, the Home Secretary is looking at these issues at pace. It is clear from Baroness Casey’s review and recent cases across England and Wales that such behaviour, including instances of racism, misogyny, homophobia, are completely unacceptable, and I have been clear that standards must improve as a matter of urgency. The hon. Lady is right that policing is built on trust and we need to improve standards. However, I remind the House that the majority of police officers and members of staff are still honest, good and committed and work hard, and they can be let down by police officers who act beyond the law. It is critical that we do not lose the momentum that the Government have pushed forward, so we will be working on this issue in conjunction with the Home Secretary.

I am truly shocked and horrified by the Minister’s tone. This is an absolutely damning report. The Children’s Commissioner is putting children first, when will the Government do so? Finally, does the Minister consider it appropriate that children should be strip searched in the back of a police van? In effect, this is a violation. How does she think that this affects a child, and what will she do about it?

I am disappointed that the hon. Lady does not think that my tone is appropriate. Strip searches are very serious. They have to be lawful and they have to be carried out in the most appropriate way, with the least amount of trauma. There is much research on this, which the Children’s Commissioner has looked at very carefully, and so will the Government. I can give a commitment that the Government will be looking at this very important issue. We have a balance to strike. We have to safeguard children in relation to gangs, because those gangs will abuse them. If there is a strict outlawing of strip searches, which some Opposition Members would like to see, the criminal gangs would have a field day abusing our children. That cannot be right, and we need time to look at these recommendations.

As a father of two young children, I am furious. I am horrified by the findings of this report that children as young as eight are being strip searched. I, too, have an eight-year-old child. Many of these children will have been confused, humiliated and scared, and, undoubtedly, this will have a long-lasting impact on them and their trust in the police. The Children’s Commissioner recommends that forces should review all the concerning strip search cases identified in her report and refer them to the Independent Office for Police Conduct. Will the Minister confirm that she will accept this recommendation and issue a firm deadline for the forces to comply, and, for goodness’ sake, Mr Speaker, will she accept that 16 and 17-year-olds are still children?

Let me highlight the statistics, which are correct. Seventy five per cent of those strip searched are 16 to 17-year-olds. Yes, they are still children, but I have added that information to show some balance. Very, very few eight-year-olds, with respect, have been strip searched, and that has to be in exceptional circumstances. However, I do take the report very seriously, and there will be a proper consideration of what can be done. There is always room for change. I, too, was concerned to read some of the facts in the report. The work that was done is very much valued, and I welcome it, because any criticism of the police is an opportunity to do better. We on the Conservative Benches are committed to do better rather than to grandstand on the issue of ages. I remind Members that 75% of those strip searched are over the age of 16 and 17. The Opposition must get a sense of proportion. Mistakes have been made. When the police act unlawfully we must step in, but we also need to allow the police to do their job lawfully.

I am not surprised that the Minister is struggling this afternoon as she tries to defend the indefensible. Instead of doing that, can she tell us how she will ensure that children are protected from what could be termed child abuse? Did she really suggest that body cameras could be used during strip searches?

It is child abuse when criminal gangs are allowed to use children to carry weapons and drugs. That is child abuse. As safeguarding Minister, I wish to save each and every one of those children. There will be times when the police have to do their job. As I have said previously, in about half of searches, something is found. There are occasions when the police go beyond their lawful powers, and they need to be called out when they do. The Government will seriously look at the recommendation to review PACE codes C and A, but any change will be based on the evidence, not on a blanket view that this should be outlawed or not. We on the Conservative Benches believe in doing things proportionately and carefully based on the evidence.

I am afraid that, in her response, the Minister has been needlessly partisan. We all want to see children respected by authority. She is right to say that children must be safeguarded and that strip searches, if they are to happen, have to be lawful. There are huge variances across police forces. I asked for the data relating to Greater Manchester police. Between 2018 and 2022, there were 20 strip searches, none of which involved children under the age of 15. Nineteen involved boys and one a girl. In 13 cases, illegal items were found, and seven resulted in arrests. All those happened with appropriate adults present, I am told. But then Rachel de Souza stipulated that the strip searching of children requires robust safeguards, and I agree with her. What does the Minister think needs to be done to ensure that these safeguards are in place in every police force?

Every police force needs to act lawfully. I am pleased to say that there will be consideration of the variances in what should be lawful and good practice. In relation to the 20 strip searches—I am not familiar with the exact number, but I will take the hon. Gentleman at his word—13 resulted in illegal weapons or substances being found. That is, indeed, shocking, and we know that, most likely, criminal gangs will be involved. I refer again to the fact that there is a balance to be struck because it is important: the police need to be able to do their job. They must do it lawfully, but evidence shows that often, sadly, children are being abused by criminal gangs and having these items on them. I note with interest the statistics for Manchester. There will be a proper consideration of exactly what the Children’s Commissioner says about the variance between how police are reacting and performing in different police areas.

Clearly, for all of us in the House, this is a difficult and sensitive issue. All of us are concerned for the young people, and some of us have given personal examples. As Members have said, there seems to be a systemic problem. In Northern Ireland, between 2021 and 2022, there were 53 strip searches, as my hon. Friend the Member for North Antrim (Ian Paisley) mentioned, with only one adult present. I believe that the Minister accepts that changes must be made. What steps will she take to ensure that there is a concerted and agreed policy for this UK-wide problem? Will she liaise with the Department of Justice in Northern Ireland to implement reforms that apply everywhere, because the Minister in Northern Ireland and her Department also need to be accountable?

I am grateful to the hon. Gentleman for his question. I will of course work with the Ministry of Justice, and I am sure that it will also reach out to the Northern Ireland Department of Justice. I, too, will reach out to the Secretary of State to see what can be done. As I said in answer to the question about Manchester, some areas have more concerning statistics, which is why data collection is essential. This Government have moved further than any other Government in collecting data. Data is really important. I am not normally someone who relies to that extent on statistical analysis in isolation, but it is important because it enables us to point a finger at certain police forces that frankly need to do better. I am grateful to the hon. Member for raising that matter and I can reassure him that I will work together with the Ministry of Justice.

On a point of order, Mr Speaker.

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

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?

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.