A pupil’s phone at school in England: search, seize, erase

Section 550ZA applies where a member of staff of a school in England has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions, and falls within section 550ZB(1); the member of staff may search the pupil (“P”) or P’s possessions for that item. In sections 550ZA and 550ZB, “member of staff”, in relation to a school, means any teacher who works at the school, and any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school; and “possessions”, in relation to P, includes any goods over which P has or appears to have control.

A person carrying out a search under section 550ZA (that is, a member of staff of a school in England within section 550ZB(1), as quoted above) may seize any of the following found in the course of the search: anything which that person has reasonable grounds for suspecting is a prohibited item; any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence.

Subsections (6E) and (6F) of section 550ZC apply to an item that has been seized under subsection (1), is a prohibited item by virtue of section 550ZA(3)(ea) or (g), and is an electronic device. Under subsection (6E), the person who seized the item (a person carrying out a search under section 550ZA, as quoted above) may examine any data or files on the device, if the person thinks there is a good reason to do so.

Subsection (6F) of section 550ZC applies to an item that has been seized under subsection (1), is a prohibited item by virtue of section 550ZA(3)(ea) or (g), and is an electronic device. Following an examination under subsection (6E), if the person has decided to return the item to its owner, retain it or dispose of it, the person (the person who seized the item) may erase any data or files from the device if the person thinks there is a good reason to do so.

A person exercising the power in section 550ZA (the search power of a member of staff of a school in England, as quoted above) to search for an item within section 550ZA(3)(a) to (f) may use such force as is reasonable in the circumstances for exercising that power.

A person exercising the power in section 550ZC(1) (the seizure power of a person carrying out a search under section 550ZA, as quoted above) to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) may use such force as is reasonable in the circumstances for exercising that power.

In Wales, section 550AA(1) says a member of the staff of a school in Wales who has reasonable grounds for suspecting that a pupil at the school may have with him or in his possessions an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or an offensive weapon (within the meaning of the Prevention of Crime Act 1953), may search that pupil or his possessions for such articles and weapons.

The DfE guidance for schools in England, Searching, screening and confiscation (July 2022 edition), says it is for school leaders, school staff, governing bodies, proprietors and trust boards in all maintained schools, academies, free schools and independent schools in England, and for local authorities; and that the powers to search outlined in the guidance only apply in England.

Section 550ZA(3) says that, for the purposes of sections 550ZA and 550ZC, each of the following is a “prohibited item”: (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.); (b) an offensive weapon, within the meaning of the Prevention of Crime Act 1953; (c) alcohol, within the meaning of section 191 of the Licensing Act 2003; (d) a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P’s possession; (e) a stolen article; (ea) an article that the member of staff reasonably suspects has been, or is likely to be, used to commit an offence, or to cause personal injury to, or damage to the property of, any person (including P); (f) an article of a kind specified in regulations; and (g) any other item which the school rules identify as an item for which a search may be made. Subsection (4A) says that in subsection (3)(ea)(i), “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence. Subsection (4B) says that in subsection (3)(g), the “school rules” means, in the case of a maintained school or a non-maintained special school, rules in force at the school that are made under measures determined and publicised by the head teacher under section 89 of the Education and Inspections Act 2006, and, in the case of any other school, measures relating to discipline in the school that are determined and publicised in accordance with regulations. Subsection (4C) says that in subsection (4B)(a), “maintained school” means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school, or a pupil referral unit, and “non-maintained special school” means a school that is approved under section 342.

Section 550ZA(6) says the powers conferred by that section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.

The DfE guidance for schools in England (July 2022 edition), paragraph 19, says the authorised member of staff should always seek the co-operation of the pupil before conducting a search, and that if the pupil is not willing to co-operate with the search, the member of staff should consider why this is. Paragraph 20 says that if a pupil continues to refuse to co-operate, the member of staff may sanction the pupil in line with the school’s behaviour policy, ensuring that they are responding to misbehaviour consistently and fairly.

The DfE guidance for schools in England (July 2022 edition), paragraph 22, says that if the pupil still refuses to co-operate, the member of staff should assess whether it is appropriate to use reasonable force to conduct the search, and that a member of staff can use such force as is reasonable to search for any prohibited items identified in its paragraph 3 (a list this page does not quote), but not to search for items which are identified only in the school rules.

Section 550C of the Education Act 1996 says that the appropriate person for a school in England must have regard to guidance described in subsection (2) in exercising functions in relation to the conduct of the school (subsection (1)); and that the guidance referred to in subsection (1) is guidance issued from time to time by the Secretary of State about registered pupils at schools having mobile phones and other personal interactive communication devices with them, and using them during school hours, and on school premises (subsection (2)). Subsections (4) to (6) apply for the purposes of the section: “appropriate person” means, for a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school, a pupil referral unit, or a school approved by the Secretary of State under section 342 (approval of non-maintained special schools), the head teacher, and, for any other kind of school, the proprietor; “school hours”, in relation to a school, means any time between the start of the first school session on a school day and the end of the last school session on the same day; and references to mobile phones and other personal interactive communication devices do not include references to devices provided by or on behalf of the appropriate person for a school for use by registered pupils.

Section 550ZC(6A) to (6C) says that a person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must deliver the item to a police constable as soon as reasonably practicable, return the item to its owner, retain the item, or dispose of the item; that a person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(g) (item for which search may be made under school rules) under subsection (1) must return it to its owner, retain it or dispose of it; and that, in deciding what to do with an item under subsection (6A) or (6B), the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.

Section 550ZD(2) to (4) says that subsection (3) applies where a person seizes, retains or disposes of an item within subsection (2A) under section 550ZC and proves that the seizure, retention or disposal was lawful; that the items referred to in subsection (2)(a) are alcohol or its container, a controlled drug, a stolen article, and an item that is a prohibited item by virtue of section 550ZA(3)(ea) or (g); that subsection (3) also applies where a person erases data or a file from an electronic device under section 550ZC(6F) and proves that the erasure was lawful; that such a person is not liable in any proceedings in respect of the seizure, retention, disposal or erasure, or any damage or loss which arises in consequence of it; and that subsections (2), (2B) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.

Section 550ZD(1) says the Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a), (6A)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

Section 583(6) of the Education Act 1996 says that, subject to subsections (7) and (8), the Act extends to England and Wales only. Subsection (7) says that section 583, section 493 and section 569 so far as relating to regulations under section 493 extend also to Scotland, and that section 583 extends also to Northern Ireland; subsection (8) says that section 582 and Schedules 37 to 40 have the same extent as the enactments to which they relate.

The DfE guidance for schools in England, Searching, screening and confiscation (July 2022 edition), paragraph 72, says electronic devices, including mobile phones, can contain files or data which relate to an offence, or which may cause harm to another person.

The summary of the DfE guidance for schools in England, Searching, screening and confiscation (July 2022 edition), says it includes statutory guidance which schools must have regard to, and that where its text uses the word ‘must’, the person in question is legally required to do something.

The DfE guidance for schools in England (July 2022 edition), paragraph 57, says an authorised staff member carrying out a search can confiscate any item that they have reasonable grounds for suspecting: poses a risk to staff or pupils; is prohibited, or identified in the school rules for which a search can be made (see paragraphs 2-3); or is evidence in relation to an offence. This is the guidance’s list; “poses a risk to staff or pupils” is not among the grounds in section 550ZC(1) as quoted on this page. Paragraph 74 says staff may examine any data or files on an electronic device they have confiscated as a result of a search, as defined in paragraph 57, if there is good reason to do so.

The DfE guidance for schools in England (July 2022 edition), paragraph 62, says that if a member of staff finds a pornographic image, they may dispose of the image unless they have reasonable grounds to suspect that its possession constitutes a specified offence (i.e. it is extreme or an indecent image of a child) in which case it must be delivered to the police as soon as reasonably practicable. Paragraph 76 says that if a member of staff finds any image, data or file that they suspect might constitute a specified offence, then they must be delivered to the police as soon as is reasonably practicable.

The DfE guidance for schools in England (July 2022 edition), paragraph 77, says that, in exceptional circumstances, members of staff may dispose of the image or data if there is a good reason to do so, and that, in determining a ‘good reason’ to examine or erase the data or files, the member of staff must have regard to the guidance issued by the Secretary of State in paragraphs 78 and 79. Paragraph 78 says that, in determining whether there is a ‘good reason’ to examine the data or files, the member of staff should reasonably suspect that the data or file on the device has been, or could be used, to cause harm, undermine the safe environment of the school and disrupt teaching, or be used to commit an offence.

The DfE guidance for schools in England (July 2022 edition), paragraph 77, says that, in exceptional circumstances, members of staff may dispose of the image or data if there is a good reason to do so, and that, in determining a ‘good reason’ to examine or erase the data or files, the member of staff must have regard to the guidance issued by the Secretary of State in paragraphs 78 and 79. Paragraph 79 says that, in determining whether there is a ‘good reason’ to erase any data or files from the device, the member of staff should consider whether the material found may constitute evidence relating to a suspected offence; in those instances, the data or files should not be deleted, and the device must be handed to the police as soon as it is reasonably practicable; if the data or files are not suspected to be evidence in relation to an offence, a member of staff may delete the data or files if the continued existence of the data or file is likely to continue to cause harm to any person and the pupil and/or the parent refuses to delete the data or files themselves.

The DfE guidance for schools in England, Mobile phones in schools, says it applies to England; that it became statutory on 29 June 2026; and that schools should begin following it from 1 September 2026.

The DfE guidance for schools in England, Mobile phones in schools, says headteachers can and should identify mobile phones and similar devices as something that may be searched for in their school behaviour policy, and that staff should refer to the searching, screening and confiscation in schools guidance regarding searching a pupil.

The DfE guidance for schools in England, Mobile phones in schools, says schools should feel confident to use their power to confiscate mobile phones or similar devices as a disciplinary penalty where their policy is clearly breached, for instance where a mobile phone is used by a pupil or is heard ringing in a pupil’s bag; that the law protects staff from liability in any proceedings brought against them for any loss or damage to items they have confiscated as a sanction, providing they have acted lawfully; that staff should consider whether the confiscation is proportionate and consider any special circumstances relevant to the case; and that headteachers are backed by DfE to confiscate mobile phones and similar devices, if they consider it proportionate, for whatever length of time they deem proportionate.

The DfE guidance for schools in England (July 2022 edition), paragraph 80, says schools’ general power to discipline enables a member of staff to confiscate, retain or dispose of a pupil’s property as a disciplinary penalty, where reasonable to do so; its footnote 21 says “Section 91 of the Education and Inspections Act 2006.”