Confiscating Items

Do cadet NCO’s have the power to confiscate anything off other cadets like phones and other things that cause distractions?

As on my squadron a lot of cadets use phones when they shouldn’t, and simply saying leave them in your bags hasn’t worked.

IANAL but it seems to me neither cadets nor staff have any power to confiscate anything, unless your cadets’ parents have consented to this as part of the joining process.

Otherwise even the staff would have to rely on ‘our train set, our rules, if you don’t like them leave’ rather than confiscating things, as you are taking someone’s property without their [parents’] consent.

Operating within the CCF context here is handy, as school rules on confiscations and searches apply.

Definitely one to ask your staff about, rather than making up the rules.

Unless they are a warranted constable, no one has the power to seize items belonging to another person from that person without their consent.

There’s some case specific exemptions related to type of item & location but in general in a cadet world it’s a no.

Interestingly cause of Kazoo & word clouds we are actually having the cadet have their phones in lessons now day.

Teachers do within schools. They can even destro

It’s section 91 of the Education and Inspections Act 2006

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  1. No they don’t

  2. This should be covered by the code of conduct and the brief given at the start of a lesson or activity. If a cadet keeps on getting distracted or distracting others then this is a discipline issue dealt with in the usual way.

I’ve found letting them keep their phones but put them in silent works better than telling them they can’t have them on them.

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Sorry was just editing to add the caveat - teachers in schools are loco parentis so imagine that’s what grants them the authority along with a parental consent. Not familiar with educational establishments regulations so not sure.

Would school prefects be authorised to confiscate another pupils phone?

‘Confiscate’, in our practical terms, doesn’t have to mean permanently. Nor does it have to mean ‘seizing without consent’.

“I’ve told you already. Now… Put your phone in this box, which will sit up here, and you can have it back at the end of the lesson.”

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After doing some research I found this document on the gov.uk website about schools and teachers power. And it says that headteachers and teachers authorized by them can search and confiscate any item in said search without consent, given conditions are met: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/674416/Searching_screening_and_confiscation.pdf

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