Question of the month

School: confiscations & searches

Question

Can a teacher confiscate my mobile phone, and/or search my bag?

Answer

A teacher has no lawful right to force you to hand over personal property without your consent unless there is a serious threat to the safety of other students.

The school may still punish you internally for disobedience if you refuse. A teacher who does confiscate something from you must look after it, keep it safely and ensure that it is not damaged. If the teacher loses or damages the property then you can ask for the teacher to replace it or pay you the value of the item.

If you attend a private school you should check your school's polices and procedures, code of conduct or other like document. Furthermore a teacher's power and a student's rights may be spelt out in the contract that your parents signed with the school.

A teacher has no legal right to search you or your school bag (or conduct a random search) unless you agree to be searched, except where they have a reasonable concern for the safety of other students. A teacher can ask to look in your bag or ask you to empty your pockets. You are entitled to refuse; however the school may still punish you internally for being disobedient to a reasonable request from an authority figure. Desks and lockers (if you have not paid money for use) are school property and can be searched even if you do not consent. A teacher has no right to search you for drugs, but they may call the police who can search you. However, the school must tell your parents and ask them to come to the school to be with you when you are searched or questioned.

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