Complaint following a search of a residence where minor children were present

Police carried out a search of a residence to search for a person arrested in absentia on suspicion of a serious offence. The police made the assessment that the man they were seeking could be armed and dangerous and therefore used an offensive approach. The man was not in the residence, but several minor children were present. The investigation shows that the police officers tasked with searching the residence were aware that children might be present.

It is a legal requirement that the best interests of the child are taken into account in accordance with the Convention on the Rights of the Child in all actions concerning a child. The Parliamentary Ombudsman states that the police must carefully consider what can be done to satisfy the best interests of the child to the greatest extent possible during and after a search.

According to the Parliamentary Ombudsman, information that there may be children in a residence where a search is to be carried out is information of a kind that the police may need to share with the person in charge of the investigation. Further, the Parliamentary Ombudsman stresses that if there are any doubts as to how the best interests of the child should be respected in the planning and execution of a residence search, the person in charge of the investigation should be informed and directives sought.

The findings of the investigation in this case do not give the Parliamentary Ombudsman reason to direct criticism at the prosecutor or the police. According to the Parliamentary Ombudsman, the case illustrates that the prosecutor and the police may be confronted with difficult choices where there is a possibility that coercive measures will affect children. The Parliamentary Ombudsman therefore wishes to emphasise the importance of the Prosecution Authority and the Police Authority continuously engaging in quality and knowledge enhancement work with the aim of supporting staff and ensuring that the best interests of the child are a primary consideration in all actions which concern children.