Section 384G — Children, Young Persons, and Their Families Act 1989: Restrictions on searches

384G Restrictions on searches (1) A member of staff must consult with the manager or a senior member of staff before carrying out a search under section 384C or section 384E unless consultation would, in the circumstances, be impracticable. (2) A pat down search or a strip search of a child or young person must be carried out by a member of staff who is of the same sex as the child or young person being searched. (3) A pat down search or a strip search must not be carried out in view of— (a) a person who is not of the same sex as the child or young person, unless the person is a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person: (b) another child or young person in the residence. (4) A pat down search or a strip search must not be conducted unless 1 of the following persons is also present: (a) another member of staff: (b) a member of the police: (c) a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person. (5) A person who conducts a pat down search or a strip search must conduct the search with decency and sensitivity and in a manner that affords the child or young person being searched the greatest degree of privacy and dignity consistent with the purpose of the search. Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3). See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).