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Merseyside Police sued after teenager is strip-searched “for own protection” (26 January 2015)

Date: 26/01/2015
Duncan Lewis, Legal News Solicitors, Merseyside Police sued after teenager is strip-searched “for own protection”

A teenager from Liverpool is suing Merseyside Police after officers insisted on carrying out a strip search on her “for her own protection”.

The ,a href="http://www.liverpoolecho.co.uk/news/liverpool-news/teenager-who-strip-searched-suing-merseyside-8502652#rlabs=1">Liverpool Echo reports that the 14-year-old girl – who cannot be named for legal reasons – was strip-searched by police without an appropriate adult being present, as required under the Police and Criminal Evidence Act (PACE).

Police say the child was searched for her own protection because of the risks of self-harming and because of this PACE rules do not apply.

However, children’s rights campaigners allege that officers did not follow the correct child protection procedures under PACE.

It is reported that CCTV footage of the teenager in police custody show her to be extremely distressed inside a police cell. The girl was seen banging her head and tearing her hair inside the police custody suite.

Children’s charities Children’s Rights Alliance for England and Just for Kids Law have taken up the case – and say Merseyside Police failed in complying with procedures to minimise distress to the girl. The teenager had experienced abuse in the past, the campaigners say.

The charities have written to the government’s Minister for Policing, Mike Penning MP, claiming the search was not “proportionate”.

“We think anyone would find the experience of being stripped against their will highly distressing. If that person is a child, it can cause long-term harm.

“That is particularly true of the very vulnerable children who typically come into contact with the police – a large proportion of whom have experiences of abuse (including, of course, sexual abuse), mental health conditions and/or family breakdown.

“Given this, we believe strip-searching should only be used as a last resort –
and should only be carried out in accordance with proper safeguarding procedures designed to minimise distress and harm to the child.”

A hearing has already taken place in the Court of Appeal and judgment in the case is expected.

Merseyside Police said it would be inappropriate to comment at this stage.

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