Drugs and Substance Misuse
Regulations and Standards
Related guidance
Amendment
In October 2024, information was added to reflect the reclassification of nitrous oxide as a Class C drug under the Misuse of Drugs Act 1971 (as amended).
Substances are defined as any substances, whether restricted or prohibited, which may have a harmful effect upon a child; such as:
alcohol, cigarettes, tobacco, aerosols, ecstasy, khat, magic mushrooms, petrol, solvents and all controlled substances such as nitrous oxide, amphetamines, barbiturates, cannabis, cocaine, hallucinogens, hashish and heroin.
It also includes psychoactive substances which can cause a very similar range of problems to the drugs which they mimic, including a risk of dependence developing with repeated use. Some appear to be more dangerous even than the traditional drugs they mimic.
For procedures regarding smoking and alcohol, see Smoking and Alcohol Procedure.
See: Frank - New Psychoactive Substances and Frank - Drugs A-Z.
See also: Frank Drugs and the Law.
All reasonable measures must be used to reduce or prevent children from obtaining drugs or substances which may harm them.
If it is known or suspected that children are obtaining products, which may harm them, whether off the streets, from dealers or traders of any kind, the manager and social worker must be informed and a strategy adopted to reduce or prevent it.
This may include engaging or involving the supplier, if it is safe to do so.
If the problem persists or is serious, relevant specialists or bodies, including Trading Standards or the Police, should be informed.
Managers must ensure that aerosols, gas, glue, petrol and similar substances are only used for the purpose they were designed for; and that all reasonable measures are taken to restrict their use to staff and children who are known to pose no risk to themselves or others if they have access to them.
The arrangements for the obtaining, storage and use of these substances in each home must be outlined in the Staff Handbook and Young Person’s Guide or individual children's Placement Plans.
Nitrous Oxide
Nitrous Oxide is a colourless gas, also known as 'laughing gas'. It can be misused for its psychoactive effects - or to 'get a high' - by inhalation. It is classified as a Class C drug under the Misuse of Drugs Act 1971 (as amended). Possession is illegal where the intention is for it to be 'wrongfully inhaled', i.e. for recreational purposes rather than for a valid use such as medical, dental or industrial.
For further information, see: Nitrous oxide ban: guidance (GOV.UK).
Under no circumstances may controlled drugs and substances, other than those prescribed by a medical practitioner, be permitted in any home.
The manager of each home must ensure that information, guidance and advice on the risks associated with harmful drugs and substances are available to all children in the home.
Additionally, any child known or suspected to be misusing substances must be provided with the following:
- Targeted relevant information, guidance and advice to help reduce or prevent such risks;
- A strategy for managing the risk, outlined in a Placement Plan.
The strategy should state whether, and in what circumstances, the Police will be notified.
Some possible indications of drug and substance misuse are:
- Sudden changes of mood;
- Irritability;
- Loss of appetite;
- Increased appetite - possibly want sweet things more;
- Drowsiness or sleepiness;
- Being evasive;
- Unexplained loss of money or belongings;
- Unusual smells, stains or marks on the body, clothes or around the house.
It is important not to jump to the wrong conclusion, but speak to the child’s social worker if you are concerned. Any referrals to support or advice services should be made in conjunction with the child’s social worker.
Young people will have access to a range of domestic products that can be harmful and even fatal when inhaled. Staff should be vigilant with children/young people around aerosol products, nail varnish, corrective fluid, glues etc.
If it suspected that a child is misusing drugs or substances and no strategy exists to reduce or prevent the behaviour, the manager of the home and relevant social worker(s) should be contacted and an agreement reached on how to proceed; this will include whether the Police will be notified.
If there are immediate risks, which make it impractical to contact the manager or social worker, staff should take what actions are immediately necessary then inform the manager and social worker(s) at the first opportunity.
The actions that staff take will be dependent on the circumstances, but staff must be mindful of the following:
- The overall responsibility of staff is to protect children, themselves and others from injury and reduce or prevent the likelihood of criminal offences;
- If there is a risk of serious harm, injury or of a serious criminal offence and staff are unable to manage safely, the Police should be notified;
- If solvents are involved, allow air to circulate freely and extinguish naked lights;
- If any person is unconscious, in a fit or convulsing or otherwise seriously ill, emergency first aid should be given and an ambulance requested. The emergency services should be informed that there are suspicions of drug or solvent misuse;
- The drugs/substances should be removed or confiscated, preferably with the co-operation of the child(ren), and preferably by two staff, who must record their actions, describing what they have obtained and where it has been safely stored;
- If children do not co-operate or there is a risk of injury or damage to property, it may be necessary to use Physical Intervention, conduct a search or call for Police assistance.
See the following additional chapters:
- Use of Restraint and Physical Interventions Procedure;
- Searching Children/Bedrooms Procedure;
- Offending and Anti-Social Behaviour – Guidance on when to Involve the Police Procedure.
No further action, beyond making the situation safe and attempting to confiscate harmful drugs or substances, should be taken without a manager's authorisation, preferably in consultation with the relevant social worker.
However, the staff should undertake the following if a manager is not available within a reasonable timescale:
- Substances such as cigarettes, alcohol, aerosols, gas, glue, and petrol should then be put in a safe place out of the reach of children or disposed of safely;
- Controlled substances and any associated materials or paraphernalia must be placed in a clearly marked box or other strong container, sealed and given to the manager who must arrange for it to be taken to a competent authority e.g. Pharmacist or Doctor; and a receipt obtained.
When safe to do so, the manager and relevant social workers should be notified and a decision reached on the actions/measures, which should be taken. This should include whether the Police should be notified.
Any incidents must be notified immediately to the home's manager and the relevant social worker notified within 1 working day.
Serious incidents e.g. if the Police or other emergency services are called, must be notified to the home's manager and consideration given to whether the incident is a Notifiable Event, see Notification of Serious Events Procedure.
All incidents must be recorded in the Home's Daily Log and relevant child's Daily Record.
An incident report must also be completed.
The child's Placement Plan should be reviewed with a view to incorporating strategies to reduce or prevent future incidents.
Legislation, Statutory Guidance and Government Non-Statutory Guidance
Nitrous oxide ban: guidance (GOV.UK)
Useful Websites
Last Updated: October 18, 2024
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