Apprenticeships, Skills, Children and Learning Bill

My Lords, I think I can give the noble Baronesses the reassurance that they are looking for. On Amendments 213 and 214, I can reassure noble Lords that the new powers do not remove existing common law powers to search for any item with consent. This is stated explicitly in the clauses so there can be no doubt on this issue. Under common law powers, schools and colleges are already able to search lockers and desks, provided the learner agrees, as we have established. Furthermore, it could be made a condition of having a locker or a desk that the learner consents to future searches at which they are not present. In order to reduce the risk of any false allegations that staff have planted evidence or confiscated items they are not permitted to take, the new powers of search without consent require that these searches should be conducted in the learner’s presence and witnessed by a second person. We also consider it advisable that the learner and a witness be present during the with-consent searches of lockers and desks or other possessions, even though this is not a requirement but advice. On Amendments 213A, 213B, 215 and 216 and the disposal of alcohol found as a result of a search, my department’s current guidance for schools regarding drugs recommends that where alcohol is found, parents or carers should normally be informed and given the opportunity to collect the alcohol, unless this would jeopardise the safety of the learner. The clause, as currently drafted, allows the alcohol to be retained until the member of staff can properly dispose of it. There is a requirement that searches without consent for alcohol be witnessed by a second member of staff, as the noble Baroness knows. We think it would be good practice for the witness to the search also to witness the disposal of the alcohol and we will ensure that our revised guidance on the search powers is clear on this. The noble Baroness talked about the person being designated by the head teacher. That seems like a sensible suggestion and I do not see any good reason why that should not be the case. The idea of it just being a friend does not seem to be a sensible solution. Finally, on Amendments 213B and 216, I appreciate that noble Lords may be concerned that suspicion may fall on a member of staff in a school or college who has seized alcohol or who has chosen to dispose of controlled drugs. The difficulty is that unfounded allegations may be made whatever the law says about these items and how they should be disposed of, but we think it is right that staff should have discretion in relation to the disposal of alcohol and controlled drugs. The clause provides protection for members of staff who seize, retain or dispose of alcohol or controlled drugs by providing that they are not liable in any legal proceedings for loss or damage arising from their actions. I agree that it is good practice to have a second person present during the disposal, as the noble Baroness suggests. Our current guidance already recommends this and we will reinforce it in revised guidance. The noble Baroness, Lady Walmsley, asked whether the guidance will be for colleges, too. The answer is that it will cover both. I hope the noble Baroness, Lady Walmsley, will agree that the Bill as drafted, together with our commitment to develop further guidance in response to these discussions, will protect teachers and give them the flexibility that they need to do their jobs.