Management of Drug Related Incidents Policy
1. Introduction
This policy has been produced in accordance with the DfES document ‘Drugs: Guidance for Schools’ (DfES 0092/2004). ‘It is vital that schools send a clear message to the whole school community that the possession or use or supply of illegal and other unauthorised drugs within the school boundaries is unacceptable. ‘
This policy will help to:
- provide a secure framework for staff to follow with confidence;
- clarify legal responsibilities, entitlement and obligations;
- express and clarify our school’s responses for staff, pupils, parents and governors.
2. Definition of ‘drug’
A ‘drug’ is defined ‘by the United Nations Office on Drugs and Crime as ‘a substance people take to change the way they feel, think or behave.’
The term ‘drugs’ is used throughout this document to refer to:
- all illegal drugs (those controlled by the Misuse of Drugs Act 1971)
- all legal drugs, including alcohol, tobacco, volatile substances (those giving off a gas or vapour which can be inhaled), khat and alkyl nitrites (known as poppers)
- all over-the-counter and prescription medicines.
An outline of the legal categories of drugs is found in Appendix A.
3. Defining a drug incident
A drug incident in school may comprise of observations, disclosures, suspicions or discoveries of situations involving unauthorised drugs. It may 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 supplier of drugs on school premises;
- a pupil is thought to be under the influence of drugs;
- a pupil is displaying signs of illness or inappropriate behaviour as a result of substance misuse;
- a staff member has information that the illegitimate sale or supply of drugs is taking place within the school boundary;
- a pupil discloses that they are misusing drugs or a family member / friend is misusing drugs;
- a parent / carer is thought to be under the influence of drugs on the school premises.
4. Defining school boundaries
Our school boundaries are clearly identified by the presence of gates. We recognise that we have a care of duty to all our children during the school day (from 8.45am until 3.30pm), during school trips and whenever the children are on the school premises for after-school activities.
5. Responsibilities
Issues relating to the management of drug related incidents in school are the responsibility of the following post holders:
Post Holder 1: …Headteacher……………………….
Post Holder 2: …Deputy..Headteacher……….
Post Holder 3: …SEN..Co-ordinator..…………….
The role of the governing body with regards to drug related incidents is identified in Appendix B.
6. Drug related incidents
There are two main categories of drug related incidents:
1. Medical emergencies – refer to Appendix C
2. Other drug related incidents – refer to Appendix D
6.1 A medical emergency
A drug related medical emergency may arise when a person:
- is unconscious;
- is having trouble breathing;
- is seriously confused or disorientated;
- has taken a harmful toxic substance;
- is otherwise at immediate risk of harm.
(DRUGSCOPE ‘The Right Response’).
At Mab’s Cross our procedures for an emergency apply when a pupil or others are at risk of harm. In every case involving drugs we place the utmost priority on safety, meeting any medical emergencies with first aid and summoning appropriate help before addressing further issues. If we are in any doubt, we will seek medical assistance immediately.
All members of staff are aware of the medical emergency procedures as outlined in Appendix C. In addition to this our first aid procedures are located on the display board.
All teaching and non-teaching staff understand the importance of not chasing or over exciting a person who is intoxicated from inhaling a volatile substance. Strenuous activity can put an intolerable strain on the heart and can increase the risk of sudden death. The person should be kept calm until the effects have worn off.
6.2 Other drug related incidents
These can be broken down further into the following categories:
- A found substance – this includes actual substances and / or evidence of substance use i.e. empty aerosols, discarded needles, empty bottles.
- Possession of substances – this occurs when a young person or a group of young people are found to be in possession of a small amount of substances or there has been a disclosure of possession. (The term possession can refer to items found on the person, within their belongings or within their control e.g. school tray).
- Supply and possession with intent to supply – if a pupil is found in possession of a larger amount of any substance, consideration will be given to the possibility of the pupil supplying to others and information relating to this should be provided on the Drug Related Incident Form and reported to the PSHE & C Team.
- Disclosure by a pupil – this may involve a student disclosing their own involvement with drugs; the school discovering a parent/carer/relative/ friend is using or selling drugs; parent/other person seeks advice from school about (possible) drug use by student.
- Sale or supply of drugs in the local area.
- Parent / carer intoxicated on premises (refer to section 11).
7. Establishing the nature of incidents
At Mab’s Cross School we will conduct a careful investigation into each incident to judge the nature and seriousness of the event. The emphasis will be on listening to what people have to say and asking open-ended questions. If appropriate we will separate any pupils involved in the incident and ensure that an appropriate second adult witness is present. (Please refer to Appendix D for additional information).
8. Responding to incidents
When responding to a drug related incident we will manage each case according to individual circumstances. At all times the response will balance the needs of the individual with those of the wider school community and aim to provide pupils with the opportunity to learn from their mistakes and develop as individuals.
The Headteacher will inform, consult and involve other agencies as necessary. Careful attention will be given to respecting the confidentiality of those involved. If during the course of its investigation the school decides that the police should be involved we will cease the detailed questioning and leave this to the police.
‘Schools have no legal obligation to report an incident involving drugs to the police… The police however should be involved in the disposal of suspected illegal drugs.’ (Drugs: Guidance for Schools p. 59, DfES/0092/2004) (refer to section 8.1).
There are a range of responses that we will consider using including:
- contacting the PSHE & C Team immediately for advice;
- contacting local police;
- referral to the Young Persons Drug and Alcohol Team / Social Services / School Nurse ;
- pastoral support programme (PSP);
- fixed-period / permanent exclusion;
- managed move;
- educational support.
In the event of any incident the process outlined in Appendix E will be used. For additional guidance please refer to Appendix F – Greater Manchester Police: Drug Related Incidents in School.
8.1 Confiscation and disposal of illegal drugs
‘The law permits school staff to take temporary possession of a substance suspected of being an illegal drug for the purpose of preventing an offence from being committed or continued in relation to that drug, providing that all reasonable steps are taken to destroy the drug or deliver it to a person lawfully entitled to take custody of it.’ (Drugs: Guidance for Schools p,59, DfES/0092/2004)
In taking temporary possession and disposing of suspected illegal drugs we will:
- ensure that a second adult witness is present throughout;
- seal the sample in a plastic bag and include details of the date and time of the seizure and witnesses present;
- store it in a secure location i.e. the school safe or other lockable container where access is limited to senior members of staff;
- if deemed appropriate, notify the police without delay, who will collect it and store or dispose of it in line with locally agreed protocols. (The law does not require the school to divulge to the police the name of the pupil from whom the drugs were taken. Where a pupil is identified the police will be required to follow set internal procedures);
- record full details of the incident, including the police reference number (if appropriate) using Appendix E and F (refer to section 9).
- inform parents/carers, unless this would jeopardise the safety of the pupil (refer to section 8.6).
The above process will also apply to any school trips, whereby the senior teacher on the trip will immediately inform the Headteacher of any incidents. The Headteacher, or deputy in her absence, will then advise the appropriate action to be undertaken. This may involve the pupil being returned to school, in this case the parents / carers will meet the cost of these arrangements.
School staff will not attempt to analyse or taste any of the unknown substances. We will contact the police who can advise on analysis and formal identification, although we accept that this is normally carried out only if it will be required as evidence within a prosecution. If formal action is to be taken against a pupil, the police should make arrangements for them to attend a local police station accompanied by an appropriate adult for interview, preferably a parent/carer or duty social worker. Only in exceptional circumstances should arrest or interviews take place at school.
If we are to contact the police, we would telephone Leigh Area Operation Control Room on 0161 872 5050, who will create a computerised incident log.
Disposal of drug paraphernalia
Needles or syringes found on school premises will be placed in a sturdy, secure container (for example, a tin with a lid), using gloves. They will not be disposed of in domestic waste.
8.2 Confiscation of other unauthorised drugs
Alcohol and tobacco
We will inform parents and give them the opportunity to collect any alcohol or tobacco that has been confiscated, unless this would jeopardise the safety of the child.
Medicines
Parents/carers will be asked to collect and dispose of unused or date expired medicines.
Volatile substances
We will inform parents unless this would jeopardise the safety of the child. These items will not normally be returned to a parent because of the level of danger they represent to the child and would be disposed of securely.
8.3 Detection
Personal searches
If a pupil is suspected of concealing unauthorised drugs it is not permissible for a member of staff to carry out a physical search; this includes the searching of outer clothing and inside pockets. Every effort will be made to persuade the child to hand over voluntarily any drugs, in the presence of a second adult witness. Where the individual refuses and the drug is believed to be illegal we will contact the police to deal with the situation if we wish to proceed along formal lines.
Searches of personal property
At Mab’s Cross we will not search personal property without consent, for example, a school bag or pencil case. If consent is refused we may contact parents/carers to persuade their child to give consent or if we wish to proceed along formal lines we will notify the police.
Searches of school property
School staff (a member of the senior management team) may search school property such as pupils’ trays or desks if they believe drugs are stored there. We will endeavour to always obtain consent. However individuals will be made aware that if consent is refused we may still proceed with a search.
Use of police dogs
If we believe we have reasonable evidence of possession or supply of suspected illegal drugs we will consult with the local police force. If they are to respond with the use of sniffer dogs, they should do so as part of a warrant-led operation, unless evidence may be lost by delaying search.
If sniffer dogs are to be used for educational purposes the demonstrations will take place in the hall, dining room or the playground. These educational visits will never be used surreptitiously as a detection exercise.
8.4 Fixed-period exclusions
When investigating a drug related incident we will follow the DfES guidelines and a fixed-period exclusion will only ’be considered for serious breaches of the school’s behaviour policy, and should not be imposed without a thorough investigation unless there is an immediate threat to the safety of others in the school or the pupil concerned. It should not be used if alternative solutions have the potential to achieve a change in the pupil’s behaviour and are not detrimental to the whole school community.’ (Drugs: Guidance for Schools p. 72, DfES/0092/2004).
8.5 Permanent exclusions
At Mab’s Cross Primary School the Headteacher will consider the precise circumstances of each case and the evidence available. We will follow the DfES guidelines in more serious cases, such as supplying an illegal drug. ‘Supplying an illegal drug is a serious breach of school rules and it may be one of the exceptional circumstances where the headteacher judges that it is appropriate to permanently exclude a pupil, even for a one-off or first-time offence… Where pupils are permanently excluded for supplying an illegal drug, repeated possession and / or use of an illegal drug on school premises, the Secretary of State would not normally expect the governing body or an independent appeal panel to reinstate the pupil.’ (Drugs: Guidance for Schools p. 73, DfES/0092/2004).
8.6 Informing parents / carers
In any incident involving illegal and other unauthorised drugs we will involve the child’s parent(s)/carer(s) and explain how the school intends to respond to the incident and to the pupil’s needs. However if the school suspects that to do this might put the child’s safety at risk, then the Child Protection Officer will be consulted.
9. Recording and monitoring incidents
At Mab’s Cross Primary School we will record every drug related case on a Drug Related Incident Monitoring Form (Appendix G). We will also complete a Record of Decisions Made form (Appendix H). These forms will then be sent to the PSHE & C Team in order to assist the LEA in monitoring the incidents across the borough.
10. Staff conduct and drugs
All teaching staff at Mab’s Cross School have a duty of care to the pupils entrusted to them, including when on school trips. A member of staff may be deemed unfit to work if he or she poses a risk or potential risk to the health and safety of pupils or colleagues. The governing body or Headteacher will take emergency action if they consider that a teacher may have become medically incapable of performing teaching duties and is putting pupils or colleagues at risk (DfEE Circular 4/99 and DfEE 2000).
In accordance with the National Healthy Schools Standard the misuse of illegal drugs, prescription medicines or problem drinking by any staff member may be regarded as a health matter rather than an immediate cause for discipline. The Headteacher will take action to support members of staff who are misusing drugs as a result of pre-existing circumstances, including stress or other personal problems.
11. Drug Using Parents
At Mab’s Cross we are aware of the impact that parental or family member drug misuse can have on a child and their education. Where problems are observed or suspected, or if a pupil chooses to disclose that there are difficulties at home, the offer of pastoral support may be suggested. If external services are needed we will liaise with the School Nursing Service or the LEA about possible referral to other agencies. At all times we will refer to our Confidentiality Policy and Child Protection Policy and keep the pupil informed.
When dealing with parents/carers under the influence of drugs (including alcohol) on the school premises, we will aim to maintain a calm atmosphere. If a teacher has concerns about discharging a pupil into the care of a parent/carer (s)he will inform a member of the senior management team immediately. We will then discuss with the parent/carer if alternative arrangements could be made, for example asking another parent/carer to accompany the pupil home. The focus for all our staff will always be the maintenance of the pupils’ welfare, as opposed to the moderation of the parent/carer’s behaviour.
Where the behaviour of a parent/carer under the influence of drugs repeatedly places a child at risk or the parent/carer becomes abusive or violent, staff will discuss their concerns with the Child Protection Officer who will undertake the appropriate action.
12. Media
If our school were to receive a media enquiry after a drug-related incident the caller will only be referred to the Headteacher or Deputy in their absence. In all circumstances we will seek advice from the Local Authority Press Office on 01942 827164.
13. Consultation Process
This policy was drawn up in consultation with teachers and governors.
14. Links with Other School Policies and Initiatives
This policy has been written within the context of our other school policies. It particularly relates to:
Drug Education; Child Protection Policy; Equal Opportunities Policy;
15. Dissemination of Policy
This policy has been distributed to all staff members and governors and has been made available to parents.
16. Review Date
This policy will be reviewed in February 2013.
Signed
___________________________________________ (Headteacher)
___________________________________________ (Chair of Governors)
Appendix A – Legal Categorisation of Drugs
The law puts illegal drugs into one of three categories – A, B and C – according to the harm they can do to you. Class A is the most harmful.
Dealing in drugs and possession with intent to supply is a more serious offence in the eyes of the law than possession for personal use.
|
Category |
Maximum Penalty |
|
Class A drugs These include cocaine, crack, ecstasy, heroin, LSD, and magic mushrooms (when they are prepared). |
It is illegal to have, give away or deal in Class A drugs. |
Possession: 7 years in jail plus an unlimited fine.
Supplying / Dealing: life imprisonment plus an unlimited fine.
Possession with intent to supply: life imprisonment plus an unlimited fine.
Class B Drugs
These include speed (amphetamines), cannabis, methylphenidate (Ritalin), pholcodine and mephedrone. Any class B drug prepared for injection will be treated as a Class A drug.
It is illegal to have, give away or deal in Class B drugs.
Possession: 5 years in jail plus an unlimited fine.
Supplying / Dealing: 14 years in jail plus an unlimited fine.
Possession with intent to supply: 14 years in jail plus an unlimited fine.
Class C Drugs
These include GHB, ketamine, anabolic steroids and tranquillisers such as valium.
Possession: 2 years in jail plus an unlimited fine.
Supplying / Dealing: 14 years in jail plus an unlimited fine.
Possession with intent to supply: 14 years in jail plus an unlimited fine.
Appendix B – School Governors
Appendix C: Drug Situations – Medical Emergencies
Appendix D – Additional Guidance for Incidents Involving Unauthorised Drugs
Appendix E – Incidents Involving Unauthorised Drugs in Wigan Schools
Appendix F – Guidance from the Greater Manchester Police
Appendix F – Guidance from the Greater Manchester Police
Appendix G – Record of Incident Involving Suspected Illegal and Unauthorised Drug Monitoring Form
Appendix H – Record of Decisions Made in Response to a Drug Related Incident
Appendix I – Useful Contacts