Justice Project

Safeguards for the strip-searching of children

Illustration of documents under the magnifying glass

Overview

In recent years, Travers Smith has worked closely with JUSTICE, a cross-party law reform charity which aims to strengthen the rule of law, protect human rights and ensure a fair UK justice system for all.

Since 2019, we have assisted JUSTICE on a number of different projects, including:

  • as the corporate partner for JUSTICE's expert panel investigation into the over-representation of Black, Brown and racialised youths in the criminal youth justice system; and
  • an extensive research project aimed at better understanding the impact of the criminal justice system on Black, Brown and racialised women (particularly young women) and girls.

Most recently we have been conducting research for JUSTICE on safeguards around the strip-searching of children. This project has arisen out of a set of initial recommended changes to the PACE Codes (the statutory codes of practice governing police powers) aimed at increasing those safeguards which JUSTICE developed and submitted to the Home Office in 2024. However, progress from the government since then has been slow, and so JUSTICE sought Travers Smith's help in bolstering its original recommendations and exploring broader reforms, including alternatives to strip search.

3,400
Between January 2018 and June 2024 almost 3,400 strip searches were conducted on children – with the youngest child being just eight.
8x
Black children in England and Wales are now almost eight times more likely to be strip-searched than White children.
>100
Over 100 Travers Smith fee-earners from 14 departments of the firm have worked on JUSTICE projects since 2022.

Child Q and the Children's Commissioner

The strip searching of children came into sharp focus in 2022 with the publication of a damning local child safeguarding report in the case of Child Q, a 15-year-old girl who, whilst at her school in Hackney, was taken out of an exam and strip searched by Metropolitan Police officers after teachers wrongly suspected her of carrying cannabis. The search involved the exposure of Child Q’s intimate body parts in the knowledge that she was menstruating, without a parent or trusted adult present, and without a parent being contacted in advance.

The safeguarding report found that the search was unjustified and that racism was likely to have been a factor. In particular, it was highly likely that "adultification bias", where adults perceive primarily Black children as being older, less vulnerable and more culpable than other children, had been at play in the case.

Child Q's case prompted a number of investigations and reports by the Children's Commissioner who found that, both in the Metropolitan Police and more widely across England and Wales, there were systemic issues with a lack of transparency, minimal scrutiny and non-compliance with statutory codes of practice when carrying out strip searching of children, exposing them to unacceptable safeguarding risks. In April 2026, the Commissioner published her fourth report which concluded that, although there were signs of progress, too many searches remained unnecessary, unsafe and underreported.

Areas of focus of our research

Following a roundtable in October 2024 hosted by Travers Smith and attended by a range of experts including lawyers, psychologists and youth and racial justice organisations, JUSTICE developed a set of core recommendations aimed at establishing a safeguarding-based approach that law enforcement bodies can adopt when conducting strip searches on children.

Travers Smith is currently researching various topics connected to those recommendations, including: the impact of adultification bias on Black and racialised children, threshold requirements for strip searching children in other jurisdictions, the impact that strip searching has on children and young people, and alternatives to strip searching.

To give a flavour of this research:

  • We have been analysing data which reveals significant racial disparity in the use of strip search powers, with Black children in England and Wales significantly more likely to be strip searched than any other ethnic group. We have also reviewed surrounding literature and official reports, including those that point to adultification bias as a possible explanation for this racial disproportionality.

  • We have also been looking at the neuroscientific evidence indicating that individuals do not reach full psychological or neurological maturity until their mid-20s or even later.  Research shows that young adulthood (18–25) is a critical transitional stage in brain development, marked by ongoing maturation in systems essential for self-regulation, reasoning, and social responsibility. Recognition of this fact validates the classification of those aged 18–25 as ‘young adults’ with distinct developmental vulnerabilities and needs, particularly important in the context of intrusive procedures such as strip searches which can cause acute psychological harm.

  • We have been researching steps taken by police forces across England and Wales to restrict or eliminate powers to strip search children, and any safeguards that forces have put in place around those powers. We are considering what information JUSTICE can request from police forces via Freedom of Information Act requests that may shed light on the impact of such initiatives.

The intention is that JUSTICE will be able to use our research findings to refresh and reinforce the recommendations that it has already made to the government, at a time when there appears to be some appetite within government to move towards a more empathetic youth justice system.

Travers Smith team

As with previous research projects that Travers Smith has conducted for JUSTICE, this one is a truly collaborative effort involving individuals from all four corners the firm. Thus far, over 20 individuals from across 8 departments have worked on it, committing some 500 hours in total over the past six months and balancing this pro bono work with the competing demands of their day-to-day work for other clients.

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