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Home , Misuse of Drugs Act 1971

AND MISUSE OF DRUGS Corporate Policy

Title of Policy Document Alcohol and Misuse of Drugs

Issue Date and Version February 2020 (Version 8)

Policy Reference Number 23

Has Equality Impact Assessment been completed? N/A ☐ Categories Core ☐ Corporate ☐ Equal Opportunities ☐ Health and Safety ☐ Housing ☒ Human Resources ☐ Information Governance ☐ IT and Communications ☐ Learning and Development ☒ Professional Practice and Standards ☐ Recruitment ☐ Service Management ☐ Stakeholder Involvement ☐ Support Planning and Risk Assessment ☐ Service Provision – CQC services ☐ Service Provision Signed off by

Chief Executive

Renewal date February 2023

First issue date March 2000

ALCOHOL AND MISUSE OF DRUGS Corporate Policy

1. LEGISLATION

1.1 The Health & Safety at Work Act (1974) and Management of Health and Safety at Work Regulations (1999)

This legislation imposes general duties on all employers to, “ensure, as far as is reasonably practicable, the health, safety and welfare at work” of all employees; and to “assess the risks to the health and safety” of employees to which they may be exposed while at work. For an employee under the influence of drugs (including alcohol) to continue working places them, their colleagues, service users and others at risk, as well as placing the organization at risk of prosecution. Employees are required to take reasonable care of themselves and others who could be affected by their behavior or ability to function at work.

1.2 Road Traffic Act (1988)

This Act states that any person who, “when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence”.

1.3 Misuse of Drugs Act (1971)

The principal legislation on drug misuse is the Misuse of Drugs Act (1971). The Act makes the production, supply and possession of illegal/controlled drugs unlawful except in certain specified circumstances (for example, when they have been prescribed by a doctor). Anyone who knowingly permits the production, use or supply of any controlled drugs to take place on their premises could be committing an offence.

Illegal/controlled drugs are non-prescribed substances which may be injected, ingested or inhaled.

2. CLASSIFICATIONS UNDER THE MISUSE OF DRUGS ACT

2.1 The Misuse of Drugs Act (1971) categorises illegal/controlled drugs/substances within three classes; A, B or C. The following are the most common street drugs within each class.

Class A

Crack Cocaine Ecstasy (MDMA) LSD Magic () mushrooms (crystal meth)

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Class B

Amphetamines (Ritalin) Synthetic (e.g. “spice”) Synthetic (e.g. , )

Class C

Anabolic steroids () Gamma hydroxybutyrate (GHB) Gamma-butyrolactone (GBL) Piperazines (BZP)

2.2 Creative Support acknowledges Section 8 of the Misuse of Drugs Act (1971) which states:

“A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises, that is to say:

i. producing or attempting to produce a controlled drug; ii. supplying or attempting to supply a controlled drug to another or offering to supply a controlled drug to another; iii. preparing for ; iv. smoking cannabis, cannabis resin or prepared opium.”

2.3 Creative Support understands this to place primary responsibility for the effective implementation of this policy upon senior staff in the organisation, which includes the Executive Management Team, Area/Service Managers, Project Managers/Team Leaders, Support Co-ordinators and those of equivalent position. However, it is important that workers at all levels are aware of the Misuse of Drugs Act (1971) and of this policy, as they may well be the people who, in practice, implement the policy and may therefore be deemed as being concerned in the management of any given service in respect of the use or supply of illegal drugs.

3. STATEMENT OF PRINCIPLE WITH REGARD TO THE USE OR SUPPLY OF ILLEGAL DRUGS

3.1 Creative Support acknowledges that it has a responsibility to assist in upholding the law with regard to the use, supply or manufacture of illegal drugs. It also has a duty of care towards its service users and as such must always seek to work in their best interests while fulfilling its legal obligations.

3.2 Creative Support acknowledges that some of its service users will choose to use illegal drugs, and that this reflects the use of illegal drugs within society as a whole. It is also

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acknowledged that on occasion illegal drugs may be supplied to others by service users of Creative Support, or may be supplied to service users of Creative Support by others. This activity must all be dealt with under the duty of care of staff to work within the law.

3.3 It should be noted that it is not necessary for money to change hands for it to be deemed that the supply of controlled drugs has taken place. The sharing, swapping or giving of controlled drugs legally constitutes “supply”.

3.4 Creative Support is committed to upholding the law with regards to illegal drugs and will seek to do this through the development of local policies (in collaboration with the police and other relevant agencies) which will be consistently enforced.

4. GOOD PRACTICE GUIDELINES IN RESPECT OF THE USE OR SUPPLY OF ILLEGAL DRUGS

4.1 Staff duties and responsibilities with regard to this policy must be clearly outlined in all relevant job descriptions.

4.2 It is the responsibility of Creative Support through its induction, training and supervision practices to ensure that all employees are fully conversant with the use or supply of illegal drugs sections of our corporate policies, and with localised interpretations.

4.3 Where issues or actions relating to this policy are current staff should receive effective supervision to ensure that they are fulfilling their duties.

4.4 If staff do not fulfil their responsibilities in line with the law and with this policy, action should be taken on all occasions.

4.5 All actions, incidents, discussions, correspondence or meetings with regard to this policy must be clearly recorded and documented.

4.6 All managers must ensure that they are aware of and are up-to-date with matters relating to this policy in respect of their own service and/or areas of responsibility.

4.7 Any service user who uses illegal substances should have this recorded in their support plan and related documentation. Details of support, relevant agencies, rehabilitation programmes, etc. should be recorded. Creative Support staff have a duty to inform service users of the potential health risks of illegal or illicit drug use, and to seek medical advice whenever they have concerns that a service user may be using illegal or illicit drugs.

4.8 If staff are aware that a service has a particular problem with the use of illegal drugs or then they should be given advice, support and information about the relevant agencies which can help them, and the staff should support referrals to such agencies.

4.9 Drugs paraphernalia or the strong smell of what is suspended to be an illegal substance must be investigated in a timely manner and managed under the local policy.

4.10 All Creative Support tenants should be advised that it is a condition of their tenancy agreements that illegal drugs are not used on the premises and that any breaches in this respect will be viewed very seriously. Any tenant of Creative Support who is found in possession, using or dealing in illegal substances risks criminal prosecution and having their tenancy terminated.

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4.11 All reasonable measures that are readily available to managers to prevent prohibited activities under Section 5 of the Misuse of Drugs Act (1971) must be taken and clearly recorded as having been taken. Such measures may include:

 systematic supervision of all areas, both internal and external, of the service  the installation of CCTV or mirrors (in line with relevant data protection legislation and codes of practice)  the banning or warning/notice/eviction of people suspected of using or supplying drugs  the display of notices clearly outlining the local interpretation of this policy and the consequences of its enforcement  the consistent enforcement of measures designed to enforce local interpretations of this policy by staff  calling police to remove the illegal substance(s) and/or banned people from Creative Support premises  passing the names to the police of people known or suspected to be using or supplying drugs.

4.12 In extreme circumstances it may be deemed appropriate to close a service on a temporary basis in order to resolve local difficulties associated with the use or supply of drugs. This measure could only be implemented in full consultation with the Chief Executive, partner agencies and the police.

4.13 In all cases where the use or supply of controlled substances is known or suspected, vigorous and effective measures commensurate with the localised interpretation of this policy must be taken.

4.14 In deciding whether to act, managers should err on the side of caution. If it is believed that prohibited activity is likely to continue unless action or further action is taken, then further steps must be taken in all instances.

5. GUIDELINES ON THE FORMING AND IMPLEMENTATION OF LOCAL ‘USE OR SUPPLY OF ILLEGAL DRUGS’ POLICY

5.1 Any local policy must ensure that all service users are aware of the rules it enshrines. It must also be made clear that Creative Support will act, in all instances, on the suspicion of use or supply, and with regard to the sanctions that will be applied in respect of these actions.

5.2 The simplest and most effective way to publicise the local policy is to supply it to all individual service users and to prominently display notices summarising the rules, sanctions and philosophy of enforcement. It should also be covered individually with service users in sign up meetings and ongoing keyworking sessions.

5.3 The local Service Manager or Service Director is responsible for the formation of local ‘Use or Supply of Illegal Drugs’ policies for all services for which they have responsibility.

5.4 Local policies should be written in full consultation with partner agencies including Social Services, Probation, Housing Associations, medical professionals and the Police. 5.5 It is crucial that in formulating local policies it is understood that, once agreed through a process of consultation as outlined in 5.4 above, they are implemented fully,

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consistently and in all instances where the use or supply of illegal drugs is known or suspected. A failure to adhere to the policy, once agreed, could be seen as attempting to deliberately mislead agencies regarding Creative Support’s response to the use or supply of illegal drugs. 5.6 All local policies must enshrine a process of review in regard of any sanctions applied. For instance, bans from premises should be set for a specified length of time. Evictions should be made in the context of a person being able to re-apply to the service after a set time has elapsed. It may, however, be appropriate in some circumstances for a more flexible policy to be applied; for example: “People known or suspected of using or supplying drugs may be banned ... for a period of time ... or will be issued with a final written warning in respect of having their license or tenancy agreement terminated”. 5.7 All local policies must be signed off by the Chief Executive or nominated deputy prior to implementation and this process must be made clear to all agencies consulted in respect of the policy’s formulation.

6. ALCOHOL

6.1 Alcohol is a legally purchased drug available to all persons over the age of 18 years.

6.2 The consumption of alcohol in moderate quantities in the home is a normal part of the customs and culture of many individuals. As such, where service users have the capacity, they have the right to purchase and consume alcoholic beverages. Staff should avoid being unnecessarily restrictive or judgmental in respect of the consumption of alcohol by service users.

6.3 The drinking of alcohol is forbidden by some religions. Staff should take into account the cultural and religious preferences our service users when planning trips and activities to ensure that nobody is excluded from participating on the basis of the activity being incommensurable with the practice of their religion/culture/beliefs.

6.4 It is recognised that heavy drinking, while being perfectly legal, can be seriously injurious to an individual’s health and well-being, resulting (for example) in low mood, loss of inhibitions, or uncharacteristic behaviour that may put a person at risk. The effects of heavy drinking may be exacerbated in individuals who have mental health needs, and can also have a more serious and harmful effect when combined with prescribed medication. Some medication instructions explicitly state that alcohol should not be combined with their use; and staff should seek medical advice before administering or supporting a service user to take any medication if they have concerns that the service user may be under the influence of alcohol.

6.5 If staff are aware that a service user is consuming excessive amounts of alcohol or has a problem with addiction/dependence, then this should be documented in their support plan and they should be given advice, support and information about the relevant agencies that can help them. Creative Support staff have a duty to inform service users of the potential health risks of excessive alcohol consumption.

6.6 Excessive consumption of alcohol that leads to anti-social or unacceptable behaviour - e.g. violence, aggression or disruptive activity- can lead to financial hardship, and may put an individual at risk of losing their tenancy under the terms of their tenancy agreement. Appropriate warnings should be issued without delay where tenancy agreements have been breached. 6.7 Some service users will be taking prescribed psychoactive drugs which interact adversely with, or are potentiated by alcohol. In these circumstances service users

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should be advised of the possible dangers and discouraged from alcohol use. Where service users put themselves at risk in this way their GP or psychiatrist may need to be informed.

6.8 Employees are expected to present a professional image at all times and are thus required to ensure that they have not consumed alcohol within a reasonable and safe time frame prior to their shift. When staff have a shorter than average length of time between shifts (e.g. a night/late shift followed by an early the next morning, they are advised to be mindful as to whether it is appropriate to consume alcohol during their rest hours. Failure to observe this standard of behaviour may result in disciplinary action being taken.

6.9 An employee found to be under the influence of alcohol or unprescribed drugs while on duty and/or consuming alcohol or unprescribed drugs while on duty will be dealt with using Creative Support’s Disciplinary Procedures as committing an act of Gross Misconduct.

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