Transgender strip and intimate search policy

Freedom of information request reference no: 01.FOI.23.031413

I note you seek access to the following information:

1. Confirmation of whether or not you have adopted the NPCC guidance, approved Dec 2021, on transgender officers being able to strip search members of the opposite sex.
2. If not yet adopted, the date you anticipate it will be implemented by.
3. What consultation (specifying which groups) has been carried out as part of the (potential) implementation process
4.Date and copy of any equality impact assessment carried out as part of this process
5. Copy of your transgender staff / search policy
6. Confirm what your policy will be with regard to any person objecting to a strip search by an officer who they believe is of the opposite sex - confirm whether this will be recorded as a hate crime/non-crime hate incident
7. Confirm what your policy will be with regard to female officers/staff being required to strip search natal males, and whether you will support them not having to carry out these as part of their duties where the individual requires a female officer/staff.

I emailed on 13 July to carify if you were requesting information about searching detained persons on the street or conducting a strip search where we the MPS go further than just the outer clothing or if you were referring to a strip search in custody?

You responded with: I would like you to clarify all of the above questions, both in relation to;
a. Searches on the street, or out of public view, but not in the formal custody office setting. P.A.C.E. Act 1984 stipulates that these could be both 'basic' searches and 'more thorough searches' (which are out of public view, but can be a strip search involving the exposure of intimate parts of the body)
b. Strip searches and intimate searches in the formal custody office setting, including in the cells.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - Confirmation of whether or not you have adopted the NPCC guidance, approved Dec 2021, on transgender officers being able to strip search members of the opposite sex.

The MPS has not currently adopted this guidance

Q2 - If not yet adopted, the date you anticipate it will be implemented by.

There is no date for implementation at this time

Q3 - What consultation (specifying which groups) has been carried out as part of the (potential) implementation process?

No Information held

Q4 - Date and copy of any equality impact assessment carried out as part of this process

No Information held

Q5 - Copy of your transgender staff / search policy

The MPS is currently drafting a transgender policy. There is no set date for implementation

Q6 - Confirm what your policy will be with regard to any person objecting to a strip search by an officer who they believe is of the opposite sex - confirm whether this will be recorded as a hate crime/non-crime hate incident

Q7 - Confirm what your policy will be with regard to female officers/staff being required to strip search natal males, and whether you will support them not having to carry out these as part of their duties where the individual requires a female officer/staff.

No Information held for questions 6 & 7 (as above in question 5, the policy is currently being drafted)

Under Section 16 Duty to Advice and Assist I have provided you with the attached and below which relate to the current policies that we have and have copied some current guidance for your information:

In order to conduct a more thorough search, the searching officer must reasonably consider:
- The detained person may have concealed an article for which the officer has reasonable grounds to search for; and
- An MTIP search is proportionate and necessary to find such an article.

MTIP searches may be carried out only at a nearby police station or other nearby location which is out of public view. The co-operation of the person to be searched must be sought in every case, even if the person initially objects. The search shall be conducted with proper regard to the sensitivity and vulnerability of the person in these circumstances and every reasonable effort shall be made to minimise embarrassment. Persons who are searched shall not normally be required to remove all their clothes at the same time.

Two officers of the same sex as the person being searched should be present during an MTIP search and not more unless can be justified on the basis of safety grounds.
All trans officers and staff with searching duties will be able to carry out these duties regardless of whether they hold a Gender Recognition Certificate(GRC), although this searching must not be further than JOG. Level 1 search in public view, and can search Jacket, Outer clothing, Gloves.

(i) Those officers who transgender (Policy) can go through a process of transitioning and be granted a Gender Recognition Certificate (GRC). If an officer holds a GRC she or he can conduct more thorough and MTIP searches in the way that others can.

(ii) If a person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex, but has not yet been granted a GRC, then they can apply for an workplace adjustment passport which will preclude them from carrying out more thorough and MTIP searches.

(iii) Officers who identify as bi-gender or non-binary or gender fluid can only conduct more thorough and MTIP searches on those who have the same gender assigned at birth (same sex).

Two officers of the same sex as the person being searched should be present during an MTIP search and not more unless can be justified on the basis of safety grounds.
Policies regarding gender reassignment/transgender/non-binary officers, staff and volunteers | Metropolitan Police