Law change on pupil searches in wake of Bailey’s death ruled out

The Scottish Government will not change the law to give teachers more power to search pupils following the death of schoolboy Bailey Gwynne.

Ministers were urged to consider the move by an independent review into the stabbing of the 16-year-old at Cults Academy in Aberdeen in October 2015.

Deputy First Minister John Swinney said the recommendation had been considered carefully but would not be progressed.

Pupils in Scottish schools have to give their consent to be searched, with police notified if it is withheld and a child or young person is suspected of carrying a weapon.

Mr Swinney told MSPs at Holyrood: “Changing the law would confer statutory powers on teachers, allowing them to compel a young person to be searched.

“Currently outside of the prison system this power is held only by the police. We would therefore be placing teachers on the same footing as police officers if we were to change the law.

“This would radically change the teacher/pupil relationship, which is often fundamental to encouraging young people to change challenging behaviour, and potentially damage the school ethos and commitment to positive relationships that currently exists in Scottish schools.”

Mr Swinney said schools and councils already have “robust” measures in place to address violence and weapons, but refreshed guidance will be issued to reinforce the consensual search process.

He said the guidance will also make clear that any incident “must be monitored and recorded at a local level”.