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The Protection of Children Standard
In July 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.
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 Children's Guide or individual children's Placement Plans.
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:
The strategy should state whether, and in what circumstances, the Police will be notified.
Some possible indications of drug and substance misuse are:
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:
See the following additional chapters:
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:
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.
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.
Nitrous oxide ban: guidance (GOV.UK)
Frank - new psychoactive substances
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