Bryan Slater Director of Education	Distribution
	To all secondary schools

The attached document is provided for your information:

INFORMATION	Title	The use of drug dogs in schools
	Summary of contents	Clarification of the current situation regarding interest in the use of drug dogs in secondary schools
	Associated documents
	Date	08/07/03
	Effective from	Immediate effect
	LEA Contact	Barry Gibson	(	01603 433276
	E-mail address	barry.gibson@norfolk.gov.uk
	Norfolk Self Review reference	5. How well does the school care for its pupils? 6. How well does the school work in partnership with parents? 7. How well is the school led and managed?
	Document reference	MI 152/03

To: All Headteachers of Norfolk Secondary Schools

Dear Headteacher

Re: The use of drug dogs in schools

I am writing to clarify the situation, following media reports about the proposed use of drug dogs in Norfolk schools.

Norfolk County Council Legal Services inform me of the following:

· The legal position.

There is no legal reason to prevent the use of drug dogs in school. However the school must ensure that the School Drug Policy states that such action will be used and a protocol for the use of drug dogs has been sent to parents, before the dogs are used.

· The potential for entrapment and the Human Rights Act.

Entrapment is not an issue as it relates to the commission of an offence rather than its detection. The relevant parts of the Human Rights Act are Article 5 (the right to liberty and security) and Article 8 (the right to respect for private and family life). Article 5 permits the lawful arrest and detention of a person suspected of having committed and offence. Article 8 allows interference for the prevention of disorder or crime. Should a dog detect drugs on a pupil then a police constable would have the power under PACE 1984 to arrest and search him/her on the school premises.

Government guidance

The use of drug dogs is not included in current government guidance to schools. However, the draft revision document, “Drugs: Guidance for schools” (available online at www.dfes.gov.uk/consultations), sent to schools for consultation on 28^th April 2003 and due to come into effect in 2004, includes reference to the use of drug dogs and urine testing for the detection of drug use. Section 3.9.2 (page 33) states that schools should consider carefully whether such actions:

· are consistent with the pastoral responsibility of the school to create a supportive environment

· will lead to labelling and be damaging to pupils concerned

· will result in appropriate support for pupils most in need

· are feasible and an effective use of school resources, and those of the police, where involved.

Where such action is planned, schools should ensure, in advance, that:

· they have clear evidence of consent. This will normally mean written permission granted by parents/carers

· they have procedures in place to remove pupils for whom consent is not given

· such action is included in the school Drugs Policy

· the aim of the action is made explicit, for example, whether a drugs dog is in school to give a demonstration or detect drugs

· they have considered what action will be taken if drugs are found on any member of the school community, and that this action has been communicated unambiguously and is consistent with responses to other drug incidents

· they are sensitive to, and respect the right to privacy of, pupils whom the dog or urine test may identify either because they are taking prescription drugs or have been exposed to an environment where others have used drugs

· plans are in place to deal with potential media interest.

The Norfolk Chief Constable has ruled that:

• drug dogs will not be used on educational premises as part of an unfocussed search of pupils in a school
• the only permissible use of police dogs on school premises will be to support an intelligence-led policing operation, whereby the whole emphasis is focussed on a specific report or incident. This would normally be fully disclosed and discussed with the headteacher of the school. Norfolk Constabulary does not want to be involved in unscheduled visits to detect drugs that effectively become a ‘fishing expedition ‘ by the police.

Clearly if schools wish to use drug dogs they will not be those operated by Norfolk Constabulary. This will mean considerable care in adhering to guidance is required.

I advise that Norfolk schools should not use drug dogs. When the revised DfES guidance document is published I will write to you again.

Yours sincerely

DIRECTOR OF EDUCATION