Latest news with #stripsearch
The Independent
3 days ago
- The Independent
Race and lack of accountability involved in Child Q strip search, tribunal hears
Race and lack of accountability are at the heart of why and how a 15 year-old black girl was strip-searched at school by police after being wrongly suspected of carrying cannabis was handled, a misconduct hearing has been told. The degree of failures surrounding the 'grossly disproportionate search', allegedly without an appropriate adult present, meant the Metropolitan Police officers did not look to protect a potentially vulnerable child, according to the Independent Office for Police Conduct (IOPC). Their actions could possibly undermine public trust and confidence in the police, the IOPC warned. The girl, known as Child Q, was strip searched by officers in Hackney, east London, on December 3 2020. She arrived for a mock exam smelling of cannabis and was taken to the medical room to be strip-searched while teachers remained outside. This involved the removal of her clothing including underwear, her bending over and having to expose intimate parts of her body while she was menstruating, the panel heard. Trainee detective constable (TDC) Kristina Linge, Pc Victoria Wray and Pc Rafal Szmydynski, who were all police constables at the time, all deny gross misconduct over their treatment of the girl. In closing submissions Elliot Gold, for the IOPC, said discrimination is not the sole ground the panel needs to consider, but added: 'The issue of race provides you with the only explanation that is left as to why the officers' failures were so great and why so much went wrong and the only explanation as to why it all went so badly.' He told the tribunal panel in south-east London, who could consider sacking the officers if gross misconduct is proved: 'The resolution of this case should primarily be forward-facing. 'It is about preventing similar misconduct from recurring in the future, with the consequent damage to trust and confidence in the police, especially within the black community, which these events have caused.' He added: 'This case shows, that members of racial groups need protection from conduct driven by unrecognised or unconscious bias as much as from conscious and deliberate discrimination.' Mr Gold also noted 'there are almost no contemporaneous documents or records of this case – why? That's because it is the officers who failed to make them.' No drugs were found by the teachers before the school's safeguarding deputy called police. They were called amid fears Child Q could have been carrying drugs for someone, being exploited or groomed in the community – which meant it was a safeguarding issue for her and other school pupils. Mr Gold said 'there is a potential evidential conflict as to whether the teachers were insistent there should be a search'. He added: 'There may be criticism of the school calling the police for advice on a safeguarding matter but that shows they did not know what to do, rather than being insistent (on a search) it shows uncertainty.' Child Q's mother, who was described as a 'supportive' parent, was not present during the strip search and neither was any appropriate adult. Mr Gold said that 'simply being questioned by two police officers, two white police officers for a young black girl may be daunting.' Mr Gold said: 'No adult was present to assist child Q during this time – whether during the conversation with child to decide on the search, when the decision was made to perform a search or when the decision was made to perform a strip search.' PC Linge told Child Q she would be arrested if she failed to consent to being searched, the panel heard. Child Q told the two officers who searched her that she was menstruating, but the search continued during which her sanitary pad was exposed, the panel was told. When no drugs were found after the strip search, Child Q's hair was also scoured. When Child Q said she was on her period this was 'a new piece of evidence' for the officers and it was a chance for the officers to consider the proportionality of what they were doing, according to the IOPC. Within days of the strip search, Child Q had gone to her doctor with symptoms of anxiety. Mr Gold went through a series of doctors' notes including one which suggested Child Q had the 'appearance of symptoms of anxiety consistent with PTSD'. He added: 'No one is likely to suggest that Child Q was anything other than distressed and shaken by a traumatic episode.' According to the allegations, Pcs Linge and Szmydynski performed a search that exposed the girl's intimate parts when this was 'disproportionate in all the circumstances'. Pcs Linge and Wray are also accused of performing or allowing the search in a manner which was 'unjustified, inappropriate, disproportionate, humiliating and degrading'. It is alleged that all of this happened without authorisation, in the absence of an appropriate adult, and with no adequate concern being given to Child Q's age, sex, or the need to treat her as a child, and that the child's race was an effective cause of this. Pcs Szmydynski and Linge are further accused of giving a 'misleading record' of the search afterwards. Outrage over Child Q's treatment led to protests outside Stoke Newington Police Station. Scotland Yard has previously apologised over the incident.
Yahoo
3 days ago
- Yahoo
Race and lack of accountability involved in Child Q strip search, tribunal hears
Race and lack of accountability are at the heart of why and how a 15 year-old black girl was strip-searched at school by police after being wrongly suspected of carrying cannabis was handled, a misconduct hearing has been told. The degree of failures surrounding the 'grossly disproportionate search', allegedly without an appropriate adult present, meant the Metropolitan Police officers did not look to protect a potentially vulnerable child, according to the Independent Office for Police Conduct (IOPC). Their actions could possibly undermine public trust and confidence in the police, the IOPC warned. The girl, known as Child Q, was strip searched by officers in Hackney, east London, on December 3 2020. She arrived for a mock exam smelling of cannabis and was taken to the medical room to be strip-searched while teachers remained outside. This involved the removal of her clothing including underwear, her bending over and having to expose intimate parts of her body while she was menstruating, the panel heard. Trainee detective constable (TDC) Kristina Linge, Pc Victoria Wray and Pc Rafal Szmydynski, who were all police constables at the time, all deny gross misconduct over their treatment of the girl. In closing submissions Elliot Gold, for the IOPC, said discrimination is not the sole ground the panel needs to consider, but added: 'The issue of race provides you with the only explanation that is left as to why the officers' failures were so great and why so much went wrong and the only explanation as to why it all went so badly.' He told the tribunal panel in south-east London, who could consider sacking the officers if gross misconduct is proved: 'The resolution of this case should primarily be forward-facing. 'It is about preventing similar misconduct from recurring in the future, with the consequent damage to trust and confidence in the police, especially within the black community, which these events have caused.' He added: 'This case shows, that members of racial groups need protection from conduct driven by unrecognised or unconscious bias as much as from conscious and deliberate discrimination.' Mr Gold also noted 'there are almost no contemporaneous documents or records of this case – why? That's because it is the officers who failed to make them.' No drugs were found by the teachers before the school's safeguarding deputy called police. They were called amid fears Child Q could have been carrying drugs for someone, being exploited or groomed in the community – which meant it was a safeguarding issue for her and other school pupils. Mr Gold said 'there is a potential evidential conflict as to whether the teachers were insistent there should be a search'. He added: 'There may be criticism of the school calling the police for advice on a safeguarding matter but that shows they did not know what to do, rather than being insistent (on a search) it shows uncertainty.' Child Q's mother, who was described as a 'supportive' parent, was not present during the strip search and neither was any appropriate adult. Mr Gold said that 'simply being questioned by two police officers, two white police officers for a young black girl may be daunting.' Mr Gold said: 'No adult was present to assist child Q during this time – whether during the conversation with child to decide on the search, when the decision was made to perform a search or when the decision was made to perform a strip search.' PC Linge told Child Q she would be arrested if she failed to consent to being searched, the panel heard. Child Q told the two officers who searched her that she was menstruating, but the search continued during which her sanitary pad was exposed, the panel was told. When no drugs were found after the strip search, Child Q's hair was also scoured. When Child Q said she was on her period this was 'a new piece of evidence' for the officers and it was a chance for the officers to consider the proportionality of what they were doing, according to the IOPC. Within days of the strip search, Child Q had gone to her doctor with symptoms of anxiety. Mr Gold went through a series of doctors' notes including one which suggested Child Q had the 'appearance of symptoms of anxiety consistent with PTSD'. He added: 'No one is likely to suggest that Child Q was anything other than distressed and shaken by a traumatic episode.' According to the allegations, Pcs Linge and Szmydynski performed a search that exposed the girl's intimate parts when this was 'disproportionate in all the circumstances'. Pcs Linge and Wray are also accused of performing or allowing the search in a manner which was 'unjustified, inappropriate, disproportionate, humiliating and degrading'. It is alleged that all of this happened without authorisation, in the absence of an appropriate adult, and with no adequate concern being given to Child Q's age, sex, or the need to treat her as a child, and that the child's race was an effective cause of this. Pcs Szmydynski and Linge are further accused of giving a 'misleading record' of the search afterwards. Outrage over Child Q's treatment led to protests outside Stoke Newington Police Station. Scotland Yard has previously apologised over the incident.
BBC News
5 days ago
- BBC News
Child Q Met Police officer followed lead on strip-search, panel told
A Metropolitan Police officer who strip-searched a 15-year-old black schoolgirl has told a misconduct panel she had been "following the lead of other officers".The girl, known as Child Q, was strip-searched at her school by PC Victoria Wray and a female colleague in Hackney, east London, on 3 December 2020 after her teachers wrongly suspected her of carrying search involved her removing all of her clothing and exposing intimate parts while she was menstruating, the panel has been told. PC Wray apologised to Child Q and her family for the search but had thought she was "doing the right thing". She and two other officers deny gross misconduct over their treatment of the girl. Giving evidence to the misconduct panel, PC Wray, who undertook the search alongside PC Kristina Linge, admitted a series of failings in her handling of the Morris, representing her, asked: "Do you think you were performing an overly intrusive search?""I thought the skipper had authorised it, I thought the officers at the scene had covered all bases," she whether she was aware of certain stereotypes relating to black people, PC Wray replied: "If I am aware of the stereotypes, I don't use those stereotypes to make any decisions."Those decisions are purely based on facts, on my surroundings, on the intel; I prefer to make very objective decisions." 'Such a quick interaction' The panel heard records showed the majority of the individuals stopped and searched by PC Wray were black or Morris continued: "Do you think your actions have been unconsciously biased by race?""No, not at all," she if she thought the search should have taken place at all, PC Wray responded: "No.""There were so many things that should've been done," she told the panel. "We should've spoken to the teachers more, we should've phoned mum, we should've spoken to the sergeant more."Mr Morris went on to ask why she did not stop to do those things and reassess the situation, to which PC Wray replied: "I was just following the lead of other officers."It was just such a quick interaction; I am sorry and I should've stopped and I should've thought and I should've checked, I am really sorry," she added. The officer, who was 25 at the time of the incident, said of the search: "I never intended it to be humiliating and degrading."The hearing continues.
The Independent
5 days ago
- The Independent
Child Q: Officer who strip searched girl thought she was ‘doing the right thing'
A Metropolitan Police officer who strip searched a 15-year-old schoolgirl thought she was 'doing the right thing', a misconduct panel has heard. The girl, known as Child Q, was strip searched by officers in Hackney, east London, on December 3 2020 after her school wrongly suspected her of carrying cannabis. This involved the removal of the 15-year-old's clothing including underwear, her bending over and having to expose intimate parts of her body while she was menstruating, the panel heard. Trainee detective constable (TDC) Kristina Linge, Pc Victoria Wray and Pc Rafal Szmydynski, who were all Pcs at the time, all deny gross misconduct over their treatment of the girl. Giving evidence to a misconduct panel on Monday, Pc Wray, who undertook the search alongside TDC Linge, admitted a series of failings in her handling of the incident. Robert Morris, representing her, asked: 'Do you think you were performing an overly intrusive search?' 'I thought the skipper had authorised it, I thought the officers at the scene had covered all bases,' she replied. 'I thought I was doing the right thing,' she added. Asked whether she was 'aware' of certain stereotypes relating to black people, Pc Wray replied: 'If I am aware of the stereotypes, I don't use them stereotypes to make any decisions. 'Those decisions are purely based on facts, on my surroundings, on the intel, I prefer to make very objective decisions.' The panel heard records showed the majority of the individuals stopped and searched by Pc Wray were black or Asian. Mr Morris continued: 'Do you think your actions have been unconsciously biased by race?' 'No, not at all,' she replied. Asked if she thought the search should have taken place at all, Pc Wray responded 'No. 'There was so many things that should've been done, we should've spoken to the teachers more, we should've phoned mum, we should've spoken to the sergeant more.' Mr Morris went on to ask why she did not stop to do those things and reassess the situation, to which Pc Wray replied: 'I was just following the lead of other officers.' 'It was just such a quick interaction, I am sorry and I should've stopped and I should've thought and I should've checked, I am really sorry,' she added. The officer, who was 25 at the time of the incident, said of the search: 'I never intended it to be humiliating and degrading. 'It happened in the way we were trained, we tried to make it age-appropriate.' Speaking through tears, whilst dabbing her eyes with tissues, Pc Wray added: 'I am really sorry to Child Q and her family. 'I should've checked so many things but I didn't and I'm sorry. 'I'm sorry for any distress, it was never my intention, I was just trying to help out.' Pc Wray said prior to the incident she had never strip searched anyone who was not in custody and had never attended a school for policing purposes. The panel previously heard the child informed the officers who searched her that she was menstruating but the search continued during which her sanitary pad was exposed. When no drugs were found, Child Q's hair was also scoured. According to the allegations, Pcs Linge and Szmydynski performed a search that exposed the girl's intimate parts when this was 'disproportionate in all the circumstances'. Pcs Linge and Wray are also accused of performing or allowing the search in a manner which was 'unjustified, inappropriate, disproportionate, humiliating and degrading'. It is alleged that all of this happened without authorisation, in the absence of an appropriate adult, and with no adequate concern being given to Child Q's age, sex, or the need to treat her as a child, and that the child's race was an effective cause of this. Pcs Szmydynski and Linge are further accused of giving a 'misleading record' of the search afterwards. The girl will not be giving evidence at the tribunal 'because of the psychological effects' the search has had on her, the panel has heard. Outrage over Child Q's treatment led to protests outside Stoke Newington Police Station. Scotland Yard has previously apologised over the incident. The hearing continues.
Telegraph
6 days ago
- Politics
- Telegraph
Trans police officers blocked from strip-searching biological women
Transgender police officers will no longer be able to strip-search people of a different biological sex to them. Six forces across England had previously been accused of a lack of urgency in changing policies to ensure detainees should only be searched by an officer of the same sex in the wake of the landmark legal ruling on the definition of sex in April. The constabularies of Merseyside, Sussex, Surrey and Northumbria, as well as the Metropolitan Police and the British Transport Police, previously allowed trans officers to search people if their gender matched the sex of the detainee. This allowed biological male officers who identified as female and had a gender recognition certificate to strip-search women. However, recent interim guidance issued by the National Police Chiefs' Council (NPCC) has now been sent to all police forces stating that strip searches 'must be conducted with officers of the same biological sex as the person being searched'. This was based on legal advice following the Supreme Court ruling that found that sex is biological under the Equality Act. Now, it has emerged that the six police forces have reversed their stance and are adopting the NPCC guidance. The reversal has been hailed as a victory by women's rights campaigners who launched a legal challenge on this point. 'Forces have finally about-turned' Maya Forstater, chief executive of human rights charity Sex Matters, said: 'The British Transport Police, the Met Police and several other forces have finally about-turned on strip-searching policies based on gender recognition certificates. 'They should never have considered a man with a £5 certificate based on a change of pronouns and a medical diagnosis of 'dysphoria' as suitable to strip-search women and girls.' The NPCC guidance offers detainees who are transgender the ability to request to be searched by an officer who is of their gender, and not their biological sex. A biological man who identifies as a female, for example, could request the strip-search to be performed by a female officer. The NPCC guidance says that 'as far as operationally viable' this option will be provided to people whose 'lived-in gender is not the same as their biological sex'. For these individuals who are being strip-searched by police, the guidance indicates that written consent from the detainee, the searching officer and the authorising officer will be needed. In these instances, which the NPCC identifies as a rare occurrence, the officer will not be of the same sex as the detainee. 'Dangerous loophole' Ms Forstater called the NPCC guidance, which allows opposite-sex strip-searching by 'consent', a 'dangerous loophole'. 'It leaves female officers exposed to pressure and coercion within the custody suite and when out on the beat. 'This is particularly concerning given the years in which trans lobby groups have trained forces across the UK to centre the demands of trans-identifying men and disregard women's rights and needs. 'The question remains: how has the ethical and legal position of police forces across the UK deteriorated to such a point that they are putting such immense effort into enabling something as sordid as opposite-sex strip-searching?' Campaigners are now investigating if this is a breach of the law under the Police and Criminal Evidence Act 1984 (PACE). This ensured intimate searches would not be done by a person of the opposite sex. Sex Matters believes this loophole for transgender detainees may be in breach of the law following the ruling of the Supreme Court case that defined sex under the Equality Act 2010. Some female officers have anonymously raised concerns that if they were asked to strip-search a trans woman who has male genitalia they may feel unable to refuse the request for fear of being branded 'transphobic' or unprofessional. 'Nonsensical jumble' The Police Federation called the suggested consensual regime for transgender detainees a 'wholly unworkable idea' and called the guidance a 'nonsensical jumble'. 'We believe that the only lawful option following the Supreme Court decision is to exempt transsexual officers from searching either biological sex and this should be the default situation for all transsexual officers,' it added. All police forces have been approached for comment. A National Police Chiefs' Council spokesman said: 'Those in policing and our communities would benefit from a clear and consistent position across the country in this complex and sensitive area. 'The guidance is explicit that officers will face no career detriment from declining to carry out searches, and any search not conducted in line with biological sex must have the written consent of the detainee, the officer carrying out the search as well as the authorising officer. 'The interim guidance is based on legal advice and has been developed after seeking views across policing as well as those of partners. It reflects working practice that already happens every day across policing, where officers and detainees make requests about searches for a multitude of reasons. 'We understand the depth of feeling there is on these issues, both among transgender communities, as well as those who hold gender-critical views. Policing remains committed to treating everyone with fairness, dignity and respect.'
