What happened to civil liberties?

Last week we were left wondering about the true nature of the coalition Government. Against the background of its pledges to restore the civil liberties of the British people and give communities a real say in decision-making came Government plans to severely limit children's fundamental freedoms in the name of achieving better discipline in schools. It would be ironic if it wasn't so disturbing. 

Searching children has been a reality of law and practice in schools for several years, with headteachers and school staff already able to search children without their consent for weapons, drugs, alcohol and stolen property. Yet the Government is planning not only to encourage searching children without consent for items such as iPods and cigarettes - a significant extension of existing powers - but to legislate for additional powers to cover any item 'which may cause disorder or pose a threat to safety'. 

Very few voices last week challenged the Government's plans. Few asked if it is really necessary to violate children's privacy and physical integrity in order to achieve discipline in schools. Searching a child without his or her consent is a serious step that should not be taken lightly by legislators or policy-makers. Where is the evidence that justifies the extension of current search powers? Perhaps it exists, but none has been forthcoming. Research and practice in the public domain shows clearly that where schools work in partnership with students to build a culture of rights and respect - engaging children, not ignoring their rights - better behaviour is often the result. Extending forced searches of children in places that exist to promote their development is a ridiculous starting point for developing policies to improve behaviour in schools. 

We need to learn from recent judgments from the European Court of Human Rights on stop and search, and accompanying concerns from the Equality and Human Rights Commission on the application of stop and search powers, which make it clear that blanket search powers are likely to be unlawful and in violation of privacy rights. We must recognise, understand and take into account children's particular vulnerability. It seems to me that the approach demonstrated by these new proposals is overly simplistic, short-sighted and fundamentally flawed. Surely it is within our capabilities as a nation to work with children to develop an effective, proportionate and rights-based approach to behaviour and discipline in schools that respects rather than erodes children's fundamental rights.