NPCC Guidance on Same Sex Searches
Freedom of information request reference no: 01.FOI.24.035592
I note you seek access to the following information:
On 13 January 2024, it was widely reported that the NPCC has withdrawn its policy and guidance agreed previously at an NPCC meeting on 9/10 December 2021 dealing with the ability of officers to self identify as the opposite sex and conduct searches that are 'same sex' only under the provisions of the Police & Criminal Evidence Act 1984.
The NPCC stated at this time, that forces would revert to their own local policies.
I specifically seek to know;
1. Whether this force has also withdrawn the NPCC policy above and on what date it did so.
2. In respect to searches exceeding the most basic search of outer clothing, commonly referred to as more thorough searches, strip searches or intimate searches, please advise whether this force permits any searching to be conducted by an officer of the opposite sex.
For clarity, ”sex” here means biological / physical sex, regardless of how the officer identifies, whether by way of a Gender Recognition Certificate or via verbal self-identification.
3. If this force is still permitting such opposite sex searching to continue, which officer has made that decision. Please also identify the rank of the officer.
Decision
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
Q1 - Whether this force has also withdrawn the NPCC policy above and on what date it did so.
The MPS did not adopt the NPCC police guidance into our existing policy.
Q2 - In respect to searches exceeding the most basic search of outer clothing, commonly referred to as more thorough searches, strip searches or intimate searches, please advise whether this force permits any searching to be conducted by an officer of the opposite sex.
Any search involving the removal of more than an outer coat, jacket, gloves, headgear or footwear, or any other item concealing identity, may only be made by an officer of the same sex as the person searched and may not be made in the presence of anyone of the opposite sex unless the person being searched specifically requests it.
What is the policy in relation to transgender officers conducting more thorough and MTIP searches?
A gov.uk glossary online (here) defines sex and gender identity.
(i) Those officers who transgender 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).
Q3 - If this force is still permitting such opposite sex searching to continue, which officer has made that decision. Please also identify the rank of the officer.
This is a long established policy position dating back to at least 2017. However, we have been unable to ascertain which officer made that decision or the rank of the officer at the time.
SECTION 16 - DUTY TO ADVISE AND ASSIST
There’s information from the College of Policing on Stop and search – levels of intrusiveness