Information on police strip/intimate searches

Freedom of information request reference no: 01.FOI.22.026167

I note you seek access to the following information:

FOI request- Police strip/intimate searches

PACE Code C is clear that strip/intimate searches should be carried out by officers of the same sex as the persons being searched. However, we are aware that the NPCC has recently agreed guidance (in association with Stonewall) that states some forces will allow opposite sex searches based on ‘gender’ (not on biological sex) - so if a male officer with the protected characteristic of gender reassignment (AKA ‘transwomen’ or ‘trans identified males’) wishes to carry out an intimate search of a female suspect, he will be permitted to do so.

1 - Does your force intend to enact the NPCC guidance and allow male officers to carry out searches on female suspects if the officer identifies as a woman? If so
2 - Will this be on a case by case basis, in which case what are the criteria?
3 - Have you taken legal advice on whether this is legal, and how this is impacted by the Equality Act- if so, please share it.

Impact on female suspects
4 - Please share your guidance on how the force will respect the beliefs of suspects who do not believe male officers are women, even if a male officer identifies as such? (If none/ not considered, please advise).
5 - Many female suspects will experience any intimate search by a male officer to be degrading and sexual assault, whatever the belief in gender identity of the male officer concerned.
This will include women of other faiths (Muslim, Christian, rape victims, biologists).

Please therefore advise what consideration has been given to the trauma caused to women who do not believe a male officer can ever change sex, whether the force has carried out a risk assessment, and whether your insurers have consented to male officers carrying out intimate searches on women? Please provide your guidance/policy on this, or if none/ not considered, please advise.

6 - Whether female suspects will be given the opportunity to request female same sex searches only? Please provide your guidance/policy on this, or if none/ not considered, please advise.
7 - Will you be recording female suspects who object to male searches (by a male officer who identifies as female) as having committed a hate crime or hate incident? Please provide your guidance on this, or if none/ not considered, please advise.
8 - What consultation has the force undertaken with women’s groups about this policy, and how does this demonstrate intimate searches by male officers who believe in gender will improve the trust of women in the police, which at present is rock bottom? If no consultation with women’s groups has been undertaken, please advise.

Impact on female Officers
9 - Please advise if female police officers will be required to carry out opposite sex searches on male suspects who identify as female. This will impact on female officers and may impact on the effectiveness of the search. Please attach your guidance regarding this, or if none/ no consideration has been given to these issues, please advise.
10 - The police are currently encouraging applications from minority groups to create a more diverse workforce. Please confirm whether HR are advising female recruits they may be required to carry out intimate searches on male suspects who say they are transgender? If not, why not?
11 - What specific consideration has been given to existing female officers who due to their own beliefs are unable to consent? (Muslim, Christian, victims of assault, biology believers). If none, please advise. Will they face internal disciplinaries? Given the involvement of Stonewall, does the force have any specific policy to protect female junior officers who believe sex is immutable, from discrimination by senior officers who believe in gender? Please provide the guidance, or if has not been considered, please advise.

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 42(1) - Legal Professional Privilege

Reason for decision

Section 42 - Legal Professional Privilege - Public Authorities are able to withhold information to which a claim of legal professional privilege applies.

Legal professional privilege is a common law principle that enforces the fact that a communication of a legal nature between a client and professional legal advisor is confidential. Legal professional privilege is intended to ensure that the communication between client and legal advisor remains open, candid and informed. When a public authority seeks to claim legal professional privilege, the dominant purpose of that communication must be to seek and/or provide legal advice. Where such a claim applies, that information cannot be disclosed without the consent of the client.

I have claimed this exemption in reference to question 3.

The MPS is reliant upon the provision of impartial legal advice to inform and guide its decision-making. The public release of the requested legal advice would be likely to impede the free and frank channels of communication that exist between the MPS and professional legal advisors. This is because, over time, those seeking legal advice on behalf of the MPS and/or providing advice to employees of the MPS, would be less likely to be candid in future communications owing to the risk of future release. This would affect the quality of advice provided by legal advisors to the MPS and the ability of the MPS to obtain open, informed and unbiased legal advice in future.

Disclosure

Q1 - Does your force intend to enact the NPCC guidance and allow male officers to carry out searches on female suspects if the officer identifies as a woman?

The MPS is currently working to understand how to implement the NPCC guidance.

Q2 - Will this be on a case by case basis, in which case what are the criteria?

The MPS is currently working to understand how to implement the NPCC guidance and as such no criteria has been set.

Q3 - Have you taken legal advice on whether this is legal, and how this is impacted by the Equality Act- if so, please share it.

The information pertaining to question 3 has been exempted from release based on S.42 of the Freedom of Information Act governing Legal Professional Privilege. This therefore serves as a refusal notice.

Impact on female suspects
Q4 - Please share your guidance on how the force will respect the beliefs of suspects who do not believe male officers are women, even if a male officer identifies as such? (If none/ not considered, please advise).

An Equality Impact Assessment will be conducted as part of any policy change and as such no guidance has been created.

Q5 - Many female suspects will experience any intimate search by a male officer to be degrading and sexual assault, whatever the belief in gender identity of the male officer concerned.
This will include women of other faiths (Muslim, Christian, rape victims, biologists). Please therefore advise what consideration has been given to the trauma caused to women who do not believe a male officer can ever change sex, whether the force has carried out a risk assessment, and whether your insurers have consented to male officers carrying out intimate searches on women? Please provide your guidance/policy on this, or if none/ not considered, please advise.

An Equality Impact Assessment will be conducted as part of any policy change. The MPS policy will be compliant with the Equality Act, Human Rights Act, Pace and Gender Recognition Act.

Q6 - Whether female suspects will be given the opportunity to request female same sex searches only? Please provide your guidance/policy on this, or if none/ not considered, please advise.

The MPS is currently working to understand how to implement the NPCC guidance and as such currently no guidance/policy has been created.

Q7 - Will you be recording female suspects who object to male searches (by a male officer who identifies as female) as having committed a hate crime or hate incident? Please provide your guidance on this, or if none/ not considered, please advise.

Hate crime and hate incidents, regardless of where they occur or what duty the Officers are performing will be recorded as per MPS policy.

Q8 - What consultation has the force undertaken with women’s groups about this policy, and how does this demonstrate intimate searches by male officers who believe in gender will improve the trust of women in the police, which at present is rock bottom?

If no consultation with women’s groups has been undertaken, please advise.
An Equality Impact Assessment will be conducted as part of any policy change.

Impact on female Officers
Q9 - Please advise if female police officers will be required to carry out opposite sex searches on male suspects who identify as female. This will impact on female officers and may impact on the effectiveness of the search. Please attach your guidance regarding this, or if none/ no consideration has been given to these issues, please advise.

An Equality Impact Assessment will be conducted as part of any policy change and as such there is no guidance on this.

Q10 - The police are currently encouraging applications from minority groups to create a more diverse workforce. Please confirm whether HR are advising female recruits they may be required to carry out intimate searches on male suspects who say they are transgender? If not, why not?

The MPS is currently working to understand how to implement the NPCC guidance and as such there is no information that will answer this question.

Q11 - What specific consideration has been given to existing female officers who due to their own beliefs are unable to consent? (Muslim, Christian, victims of assault, biology believers). If none, please advise. Will they face internal disciplinarians? Given the involvement of Stonewall, does the force have any specific policy to protect female junior officers who believe sex is immutable, from discrimination by senior officers who believe in gender? Please provide the guidance, or if has not been considered, please advise.

The MPS is currently working to understand how to implement the NPCC guidance and as such there is no information that will answer this question.