Managing_drugs_related

Managing_drugs_related_incident

MANAGING A DRUG RELATED INCIDENT POLICY

Staff responsible: A. Watkins January 2008

Aims and Objectives

· Current guidelines for teachers produced by the DFES are clear that the teaching of the correct use of medicines is an essential start to developing an understanding of, and healthy attitudes towards proper drug use. Important principles such as the working of the body and safety issues around medicines and household substances are an effective start.

· Pupils of both primary and secondary school age are likely to be exposed to the effects and influences of drug misuse in the wider community and which extends across socio-economic and cultural boundaries. Drug misuse has implications for the individual involved, for their families and the wider community.

· For children in a drug user/using environment it can result in underachievement at school, and can be associated with truancy and behaviour problems. A criminal conviction for drugs can inhibit or prejudice career opportunities. It can place the individual, families and friends under severe stress. Drugs education is therefore a necessary part of preparing children for adult life by enabling them to make healthy informed choices throughout their lives.

Drugs definition

· For the purpose of this document the term drug is used to mean any mind and body altering substances that comes in various forms ranging from solvents, volatile substances (aerosols), anabolic steroids, over the counter and prescribed medicines to alcohol, tobacco, illegal drugs and controlled substances.

Confidentiality

· There are guidelines for staff on confidentiality and handling sensitive and controversial issues. Teaching staff cannot guarantee confidentiality where child protection issues exist. If a pupil discloses any information teaching staff must refer the disclosure to the Child Protection Officer (Head teacher).

· Disclosures are interpreted as a request from the child for help with their problem. The school will help the child to receive professional guidance/ treatment.

The Boundaries of the Policy

§ The policy is relevant to incidents taking place in the following geographical environments:

In and on the school premises, including events that take place before and after the school day. This includes evening events.
One-day or part-day excursions, excluding those made with external agencies.
All residential visits or trips.
Within the immediate vicinity of the school grounds, to the front.

· If an incident takes place outside of these areas, the head teacher may use their discretion on the effects it may have on the student and the school and act appropriately. This could include contacting parents/carers, the police and social services.

· This policy is to be followed by all members of staff, incorporating all governors, parents, pupils, visitors and teaching and non-teaching staff.

· This policy also applies to members of staff found to be using illegal substances. The head teacher will use their discretion on incidents taking into account the safety of pupils. The member of staff, governors and parents, other staff as well as the reputation of the school in the community.

Authorised Drugs

· Medicines or legal drugs such as alcohol and tobacco are only legitimately in school when they are authorised by the head teacher.

· Medicines are managed via the SENCO or first aider.

· Solvents or hazardous chemicals are legitimately used by school staff and pupils (i.e. in science) and must be securely stored and managed to prevent inappropriate use or access.

Defining Drugs Incidents

· A drugs incident is likely to involve suspicions, observation, disclosures or discoveries of situations involving unauthorised drugs. A drug related incident could fit into the following categories:

drugs or associated paraphernalia are found on school premises
a pupil is found in possession of drugs or associated paraphernalia
a pupil is found to be a recognised source of supply of drugs on school premises
a pupil is thought to be under the influence of drugs
a staff member has information that the illegitimate sale or supply of drugs is taking place in the local area
a pupil discloses that they are misusing drugs or a family member/friend is misusing drugs
a parent/carer or staff member is thought to be under the influence of drugs on school premises.

Dealing with Medical Emergencies

· In every case of an incident involving drugs, all staff must place the utmost priority on safety, meeting any medical emergencies with first aid and summoning appropriate help before addressing further issues. If staff are in doubt, they should seek medical assistance immediately.

· Unless they are unconscious, a pupil may be intoxicated without it being a medical emergency. Pupils should be continuously observed in case of changes in their condition. They must be monitored at all times. It is recommended that arrangements are made with a parent/carer for the child to be collected or escorted home (or alternative arrangements made if the school perceives the child to be more at risk at home).

· The Head teacher/ SENCO should be consulted before any phone call home in relation to possible child protection issues.

Confiscation and Disposal of Illegal Drugs

· It is an offence under Section 8 of the Misuse of Drugs Act 1971 for the management of establishments (this includes schools) to knowingly permit the supply and production of any illegal drugs on their premises. It is also an offence to allow premises to be used for the smoking of cannabis or opium.

· The law permits school staff to take temporary possession of a substance suspected of being an illegal drug for the purposes of protecting a pupil from harm and to prevent an offence being committed in relation to that drug.

· Staff can confiscate drugs they suspect to be illegal. An adult witness should be present when confiscations occur and a record should be kept of the details. The substance must be kept in a secure locked place.

· Staff should not attempt to analyse or taste unknown or confiscated substances. If requested, police can advise on analysis and formal identification. Pharmacies can identify medicines.

· The law does not require a school to divulge to the police the name of the pupil from whom the drugs were confiscated. Where a pupil is identified the police will be required to follow set procedures. The police should be asked to remove any illegal substances.

The Law on Drugs and the Legal Requirements

· Drug related matters involve both the pastoral dimension of care of pupils and a legal aspect relating to the school’s statutory and legal duties.

· If drugs are discovered on school premises then seizure, storage, analysis and disposal procedures should be followed.

· Although there is no statutory requirement, the Secretary of State expects schools to notify the police when:

illegal drugs are found on a pupil or on school premises
there is information on the sale or supply of illegal drugs, including allegations
a pupil commits an offence whilst under the influence of drugs.

· These points are discretionary and the names of pupils do not have to be disclosed.

· It is an offence under the Misuse of Drugs Act 1971:

i. to supply a controlled drug to another in contravention of the Act

ii. to be in possession of, or to possess with intent to supply to another, a controlled drug in contravention of the Act; it is a defence to offence of possession that, knowing or suspecting it to be a controlled drug, the accused took possession of it for the purpose of preventing another from committing or continuing to commit an offence and that as soon as possible after taking possession of it he/she took such steps as were reasonably open to him to destroy the drug or to deliver it to the custody of a person lawfully entitled to take custody of it

iii. for the occupier of someone concerned in the management of any premises knowingly to permit or suffer on those premises the smoking of cannabis; or the production, attempted production, supply, attempted supply, or offering of any controlled drug.

Managing Drug Related Incidents

Rationale

· There is a need to ensure that schools have procedures in place to protect the welfare of any young person after a drug incident. It is important that pupils receive increased supervision and reassurance in the period following a drug incident or disclosure of illegal drug misuse, as they may feel extremely vulnerable at this time. They have been cases of young people committing suicide after disclosures of illegal drug misuse.

· To ensure that the adequate procedures are adhered to within the confines of the law it is vital that staff follow the set procedures .

Sharing Information

· Once an incident takes place a decision will be made by the head teacher as to who needs to and who will be informed.

· For instance staff need to:

be informed of a drug related incident
know which drug was involved
to agree consistent response to pupils and parents
in some circumstances the name(s) of the pupil(s) involved
consider whether any change is needed to the schools drug education programme

· Where necessary pupils need to:

be told the facts about the incident including the consequences
have the school’s policy on drug misuse reinforced and
have a drug education programme which can be responsive to incidents when appropriate

· Parents/carers of pupils at the school or, in exceptional circumstances in the surrounding community, need to:

be informed of a drug related incident
know which drug was involved
know that school policy has been followed in line with national and education authority advice, and
have access to more information about drugs

· Discretion needs to be applied if there is a child protection issue, as informing the parents/carers may put the child at risk.

The Role of the Local Education Authority (LEA)

· The press and publicity department of the LEA needs to be informed, as the incident could be passed on to the local or national press by a parent or a member of the public. The department will advise on how to handle possible situations.

· In addition, the LEA Schools Drugs Adviser should be informed, who will support the school with the situation.

· The role of the LEA Schools Drug Adviser is to provide advice and guidance on drug education and drug related incidents.

Identifying an incident

· The following are examples of incidents:

finding drugs/solvents on the premises
a student being found in possession of drugs/solvents
drugs being supplied on or around the school premises by students being under the influence of drugs/alcohol solvents
a student admitting a drug/alcohol/solvent problem

Establishing the Nature of an incident

· When there is a drug related incident, a careful investigation to judge the nature and seriousness of each incident is vital.

· Careful attention should be given to respecting the confidentiality of those involved. A range of factors may be relevant and need exploration to determine the seriousness and needs of those involved and an appropriate response. For example:

Does the pupil admit or deny allegations?
Is this a first or subsequent offence?
Is the drug legal or illegal?
What quantity of the drug was involved?
Is the pupil knowledgeable and careful or reckless as to their own or others safety?
Does the pupil have a parent/carer or family member who is misusing drugs?
Does the pupil know and understand the school policy and school rules?
Where does the incident appear on a scale from ‘possession of a small quantity’ to ‘persistent supply’?
If illegal supply is suspected, how much was supplied and was the pupil coerced into the supply role or the one ‘whose turn it was’ to buy for others, or is there evidence of organised or habitual supply?

A Range of Responses

· We have a range of options for responding to the identified needs of those involved in a drug incident.

· The needs of pupils in relation to drugs may come to light other than via an incident, for example, through the pastoral care system. The response may also serve to enforce and reinforce the school rules. Although not an exhaustive list, possible responses include:

Early intervention by the form tutor or Heat teacher
Referral to the SID/SENCO or external agencies
Counselling
Behaviour contract
Inter agency programme (i.e. with Connexions PA’s)
Fixed period exclusion
Pastoral support programme
A managed move to another school
Learning support unit
Permanent exclusion

· Response should always aim to provide pupils with the opportunity to earn from their mistakes and to develop as individuals. Any sanctions should always be justifiable in terms of :

The seriousness of the incident.
The identified needs of the pupil, other pupils, the school and the community.
Consistency with published school rules, codes, expectations.
Consistency with disciplinary action for breaches of other school rules (such as theft, violence, bullying).

Dealing with the incident

Powers of Search

· When a pupil is suspected of concealing unauthorised drugs it is not permissible for a member of staff to carry out a personal search. Every effort should be made to persuade the pupil to voluntarily hand over any drugs. If a personal search is needed and the drug is suspected of being illegal, the police must be called to deal with the situation.

· A member of staff should never make physical searches. This procedure must be transparent, as evidence may need to be handed over the police at a later date.

· After any search, parents/carers should normally be contacted by the school, regardless of whether the result of the search is positive or negative.

Storage

· Any substance seized must be stored in the identified secure place. It should be separately packaged with the date, time and place of finding, noted on the packaging. The finder should sign his/her name on the packaging and a colleague must witness such action. This could be of particular importance where a criminal investigation to follow at a later date.

· The type of packaging used should be of a sufficient standard to prevent anyone tampering with the contents e.g. sealed envelope. Special consideration should be given to the storage of solvents and its source of supply should be recorded before disposal.

· The secure storage place is in the head teacher’s office.

Analysis and Disposal

· Once a substance has been seized, it may be necessary to identify it. Do not be tempted to try/taste anything seized in order to identify it. Doing so may expose staff to considerable risk and harm. Certain substances require disposal under controlled circumstances. The police should be liaised with in these situations. They will collect the substance or issue instructions on a safe disposal method. A colleague should witness any disposal on school premises.

Identification of Substance Related Needs

· Identifying substance related needs or screening as it is sometimes known does sound daunting but the key to this process is to keep it simple. The question often asked, but which is unsatisfactory, is ‘do you use drugs?’

· In order to get a better understanding of a young person’s needs around substances, more open-ended questions need to be asked. The conversation with a young person has to provide enough information for a worker to be able to judge:

A young person’s knowledge of drugs, alcohol and solvents.
If the young person takes drugs, alcohol or solvents.
If a young person misuses drugs, alcohol or solvents.
If the young person is in immediate danger.
If substance use is part of complex troubling behaviour.
Unusual behaviour for that age group in relation to their substance misuse.

· The aim of the identification process is not to police a young person’s drug use but to support the young persons substance related needs, this may be for information or more detailed work. Identification of substance related needs should not stigmatise or ostracise a young person.

· The process of identifying substance related needs is not an assessment. The purpose of assessment is to identify the whole range of needs of a young person. These may be directly or indirectly associated with drugs, solvent and/or alcohol misuse but they may not be. The identified needs will, in turn determine what type of intervention should be provided.

· The identification process should determine if there is any substance related needs and any immediate problems. Children and young people identified with immediate substance related problems must be referred on to a specialist drug and alcohol service for a full assessment. Specialist drug and alcohol treatment providers can undertake comprehensive assessments of drug and alcohol use and misuse and determine appropriate interventions to meet these needs.

· However, they may not fully assess all aspect of a young person’s life or be able to determine all appropriate interventions, e.g. how to meet needs in relation to family problems. Drug and alcohol treatment providers can provide the most valuable information and support to young people with substance misuse-related needs who are in touch with and being supported by other services. Similarly drug and alcohol practitioners should draw on expertise from others sectors to ensure that a comprehensive assessment of a young person’s need is undertaken and appropriate planned interventions are made.

When Should the Identification of Substance Related Need Occur?

· There are a number of situations when professional services should be identified for substance related needs:

Following actual, or suspicion of, drug, alcohol or solvent taking.
Where a young person seeks drug, alcohol and solvents related advice and information from a member of staff on a one to one basis.
When a drug or alcohol related incident occurs.
When young people vulnerable to substance misuse attends the school.
When it is suspected/known that parent or carer is misusing substances.

Involving Parents and Carers

· In any incident involving unauthorised drugs we will normally involve the child’s parent/carer and explain how the school intends to respond to the incident and to the pupil’s needs.

· In exceptional circumstances, where the school suspects that to do this might put the child’s safety at risk or if there is any other cause for concern for the child’s safety at home then the school should exercise caution when considering involving parents/carers.

· In any situation where a pupil may need protection from the possibility of abuse, the school’s Child Protection Coordinator (Head teacher) should be consulted and the local child protection procedures followed.

· Parents/carers should be encouraged to approach the school if they are concerned about any issue related to drugs and their child. Schools can refer parents/carers to other sources of help, e.g. drug or alcohol specialist agencies or family support groups.

· All young people should also be encouraged to discuss their substance use with their parents and carers. Those who refuse to inform their parent or carer may with help, do so at a later stage. Parents and carers have a valuable role in supporting the young person. Not all parents will be able to support their child, their initial reaction may be worry and/or anger and they may not feel they know enough about drugs and alcohol themselves. As a school we need to consider the support and education needs of parents and carers with regards to substance misuse.

· With regards to substance interventions for children and young people, services can provide advice and information about drugs and alcohol to children and young people without the consent of a parent. They are under no obligation to inform parents or social services that children have sought this information.

Children of Drug Misusing Parents/Carers

· We need to be aware of the impact parent/carer drug misuse can have on a child and his/her education. Children of drug misusing parents/carers may be at greater risk of emotional and/or physical harm, but this is not always the case. A parent/carer with a drug problem does not necessarily neglect their child or put them at risk. We need to be alert to behaviour which might indicate that the child is experiencing difficult home circumstances.

· A child may respond to the parents’/carers’ drug misuse in a variety of ways, including disturbed and/or anti-social behaviour; becoming reliant on drink or other drugs; running away from home, losing concentration in class; and showing reluctance to form friendships.

· Schooling is also likely to be disrupted if a child is depended upon to act as a carer. Where problems are observed or suspected, or if a child chooses to disclose that there are difficulties at home, the offer of pastoral support of counselling may be helpful.

· Where the help of external services might be needed, and the child’s safety is not considered at risk, schools are recommended to liaise with the Social Inclusion Department and the Connexions Service about possible referral to other agencies. The school policy on confidentiality should be carefully followed and the pupil informed at every step. Schools must observe the Data Protection Act 2004.

Intoxicated Parents/Carers on School Premises

· When dealing with intoxicated parents/carers, staff should attempt to maintain a calm atmosphere. On occasion, a teacher may have concerns about discharging a pupil into the care of a parent/carer, for example, where an intoxicated parent is intending to drive a child home. Staff might wish to discuss with the parent/carer if alternative arrangements could be made to accompany the child home.

· The focus for staff will always be the maintenance of the child’s welfare, as opposed to the moderation of the parent/carer’s behaviour. Where the behaviour of an intoxicated parent repeatedly places a child at risk or the parent/carer becomes abusive or violent, staff should consider whether the circumstances of the case are so serious as to invoke child protection procedures and the involvement of the police, if necessary. The decision should always be taken by a senior member of staff, unless there are none present.

Contacting the Police

· Schools have no legal obligation to report an incident to the police but schools should consider whether or not to inform the police where a criminal offence has taken place. However, not reporting a crime and not identifying an offender may prove to be counter-productive for the wider community. It should also be noted that non-disclosure could lead to censure by courts were a case to proceed and it becomes evident that a teacher did not proceed in accordance with the Child Protection Act.

· The police will not normally need to be involved in incidents involving legal drugs, but they will be informed about the inappropriate sale or supply of alcohol or volatile substances to pupils in the local area.

· The decision to inform the police must be made by the Head teacher or SMT member designated to make this decision. To avoid problems, the governors, head teacher and SMT should decide when they will involve the police.

Confidentiality

· Fraser Guidelines (Mental Health Act 1983 Code of Practice 1999)

· Young people under 16 have a right to confidential medical advice and treatment if the provider assesses that the young person:

Understands the advice and has the maturity to understand what is involved.
Their physical and/or mental health will suffer if they do not have treatment.
It is in their best interest to give such advice/ treatment without parental consent.
Will continue to put themselves at risk of harm if they do not have advice/ treatment.
Cannot be persuaded by the doctor/ health professional to inform parental responsibility holder(s), nor the doctor to inform them.

· The consequences of identification or assessment of substance needs should be clearly explained to the young person. This should include information about what you as a practitioner can provide, and about any agency you may be referring them on to. Confidentiality should be explained prior to the identification or assessment conversation.

· If a young person is to be encouraged to approach a service for help and advice in relation to substance related needs, it is essential that they are able to do this knowing that their confidences will not automatically be passed on to their parents or school without their knowledge or permission.

· School based professionals should establish the limits of their confidentiality in line with the school policy and inform the young person of this. In some cases this may limit the areas that can be discussed with a child or young person without the school being informed. It would not normally prevent the young person being told about general sources of advice or information operating outside the school setting that may be available in the locality. Service should be clear that they cannot offer absolute guarantees of confidentiality, as disclosure may be necessary to protect children from ‘significant harm’.

· Over time the child or young person will start to build on the trust that has been established. They may start to disclose information not previously known to anyone; it is therefore recommended that services reiterate the confidentiality policy regularly throughout the duration of the relationship and check the young person’s understanding of this.

· Inter-agency collaboration is required to assess and respond to the needs of all vulnerable children and young people. Partnership working is a fundamental principle and is encompassed in the Children’s Act 1989 and Working Together to Safeguard Children: ‘Every Child Matters 2003/04’ - a guide to inter-agency working to safeguard and promote the welfare of children (1999). Developing links between services helps develop coherent packages of care focusing on the needs of the child. For this to happen professionals need to take responsibility for ensuring that the needs of the child are met (the ‘case worker’ who for example could be the learning mentor, social worker or personal adviser) with others agreeing clearly defined contributions to the child’s care.

· Information which would normally be recorded about a child, should include relevant information on their drug and alcohol use. However, it is good practice to do this in agreement with the young person. The young person should also be told what happens to this information, who will see it and how they can get access to it in the future.

· Confidential information should not be used against the child. Where, for instance, the child reveals to a schools counsellor or a drug service that they have infringed the rules of a school or youth club or organisation they are involved with, this information should not be passed on. This may post problems for the professional who does not have an independent identity from the institution or organisation.

· Professionals must ensure that the confidentiality of the young person is safeguarded and is not compromised by their dual role. However, professionals in schools must all time adhere to the school Child Protection Policy.

· However, confidentiality may in some instances need to be breached. Professionals may need to share information with parents and colleagues, to create a coordinated, holistic package of care to meet the best interests of young people. Professionals must be willing to exchange relevant information however; it should only be shared on ‘need to know’ basis. It is essential that the young person is informed prior to any confidentiality breach and if possible their consent to do so should be obtained.

· Confidentiality should not be breached, for example to report a crime, where it is in the best interest of the child to ensure needs are met to stop further crimes being committed. For example, if child A was being used to deal drugs on their parent’s behalf. The child had started to use drugs as a consequence. Confidentiality should be breached to social services to ensure the child is protected from exploitation by their parents, and its drug treatment needs are met. However, reporting the incident to a Youth Offending Team (YOT) or police merely to prosecute the child for drug dealing would be counter-productive.

Where there is a Child Protection Concern

· The four parameters can be used to determine whether confidential information given by a young person should be disclosed to social services or the police because of concerns that a child may be ‘suffering’ or at risk of suffering, significant harm as a direct result of their substance using behaviour.

The Age and Maturity of the Child and Young Person

· As a general rule, the younger the child, the more problematic it is to guarantee or maintain confidentiality. There is no age limit in law below which a child cannot enter a confidential relationship, but given the problem of establishing competence, and therefore capacity, to consent, it is difficult to envisage children being offered confidential treatment for drug misuse without parental consent or parental involvement, under the age of 13. indeed, it is possible that a failure to inform parents that a child is misusing drugs could lead to a possible negligence action if the drug service or agency failed to take sufficient action to protect the child from harm as a result of that drug misuse.

The Degree of Seriousness of Drug Misuse

· The more serious the drug (or substance) misuse, the more likely it is that disclosure of confidential information to other agencies will have to be considered. In deciding whether or not to disclose, the service must take into account, the level of substance use and the risks involved. The supply source of the young person’s drugs may also be important particularly if the young person in question is open to exploitation.

Whether Harm or Risk is Continuing or Increasing

· Harm from substance use needs to be considered in relation to past, present and potential future behaviour. If there is a clear risk to the child or young person arising from present behaviour or evidence of escalated risk to an unacceptable level, it is important that a service takes steps to ensure the future safety of the child or young person.

General Context in Which Drug taking is Set

· Where a child or young person has multiple problems, it is likely that other agencies or professionals will need to be involved to resolve these problems or reduce the vulnerability and risk to the child or young person.

Taken from the Home Office document: “ First steps in identifying Young People’s substance related needs”.

Making Decisions

· The following model demonstrates responses to help slow or stop the process of a young person developing a substance misuse problem. Where we describe multiple activities below, practitioners should engage or provide access to all listed activities.

Responding to Substance Needs

No Substance Use

· What to do – provide information on substance(s)

· Purpose – to ensure young people understand the risks of taking substances so that they can make informed decisions.

Substance Use (No current social or behavioural problems and no high-risk behaviour)

· What to do – provide information on substance(s)

· Purpose – to ensure young people understand the risks of taking substances so they can make informed decisions.

· What to do – provide information on substance(s) and information on the safest way to take substances being used.

· Purpose – to ensure young people can make informed choices about their substance use, to reduce likelihood of drug/alcohol related harm and to help prevent an escalation of substance use.

Substance Misuse (Social or behavioural problems which are substance related OR high-risk drug taking)

· What to do – provide information on substance(s)

· Purpose – to ensure young people understand the risk of taking substances in such a way that they can make informed decisions.

· What to do – provide information on substance(s) and information on the safest way to take substances being used.

· Purpose – to ensure young people can make informed choices about their substance use, to reduce likelihood of drug/alcohol related harm and to help prevent an escalation of substance use.

· What to do – provide or arrange for referral to the Social Inclusion Department, via the head of year, who can provide interventions based upon a full assessment of need.

· Purpose – reduce/stop substance misuse, and to reduce/stop associated drug and alcohol related harm.

Sanctions

· Students will receive sanctions under the following conditions (Staff and Governors to decide own school sanctions for incidents).

· All sanctions will be justifiable in terms of:

Appropriateness of response
Proportion with the offence
The needs of all concerned – the young person, other pupils the school and the community
Consistency with other school disciplinary actions

(NB: these sanctions apply to all school activities on the school site including day or part day trips and residentials)

Making Referrals

Caution:

· Some substance use becomes fairly common at late adolescence, mainly cannabis, tobacco or alcohol use. Any drug use outside this should be looked at as a potential problem. Cannabis, tobacco and alcohol use should not be dismissed, as some young people will develop problems with these substances.

Remember:

· Always look at substance use in the context of other things you know about the young person. Are they generally getting along fine, or are they troubled and having problems? They may well be a clear indicator as to whether their drug taking will be a passing phase or significant part of a young person’s life. All young people should receive accurate information and guidance about substances.

· When a practitioner identifies substance taking, it is important not to under or over react. All professionals working with young people should be competent to engage in the identification of substance use or misuse.

Dissemination and Review

· The policy will be disseminated widely to staff, governors, parents and pupils.

· The policy will be reviewed in January 2011.