React Homecare
1. Purpose
1.1 To guide employees and Service Users in dealing with illegal drugs, whilst protecting Service User confidentiality and the obligations of React Homecare.
1.2 To ensure that React Homecare complies with relevant statutory legislation such as the misuse of drugs, health and safety and the equality and human rights legislation.
1.3 This policy applies to illegal drug use by Service Users or their visitors. The policy for drug use by staff is a separate policy and must be followed in cases where there are concerns that staff are using illegal substances.
1.4 To meet the legal requirements of the regulated activities that React Homecare is registered to provide:
The Care Act 2014
The Controlled Drugs (Supervision of Management and Use) Regulations 2013
Health and Safety at Work etc. Act 1974
Human Rights Act 1998
Medicines Act 1968
The Human Medicines Regulations 2012
Mental Capacity Act 2005
Mental Capacity Act Cod of Practice
Misuse of Drugs Act 1971
The Misuse of Drugs (Safe Custody) Regulations 1973
The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007
Public Interest Disclosure Act 1998
2. Scope
2.1 The following roles may be affected by this policy:
o All staff
2.2 The following service users may be affected by this policy:
o Service Users
2.3 The following stakeholders may be affected by this policy:
o Family
o Advocates
o Commissioners
o External health professionals
o Local Authority
o NHS
o Police
3. Objectives
3.1 To ensure that staff have access to and understand the procedures that must be implemented if they suspect that a Service User or a visitor is
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either illegally in possession of an illicit substance or is supplying an illicit substance. This policy acknowledges that this subject area and the situations associated with it can be difficult. It is designed to assist staff if they suspect or discover a Service User or others in their care are in possession of, or are supplying or using substances, ensuring that their actions remain within the law at all times.
4. Policy
4.1 React Homecare recognises that the use of illegal drugs can have serious consequences to physical health and mental well-being. React Homecare understands that it is important to approach such issues in a positive and supportive manner, whilst recognising legal and regulatory obligations to Service Users and its duty of care to staff at React Homecare.
For the purposes of this policy, the term 'illegal drugs' will be used to mean those substances set out in the Misuse of Drugs Act 1971 in Classes A, B and C. These include drugs such as heroin, cocaine, LSD, ecstasy, amphetamines, cannabis and benzodiazepines. This policy also applies to the misuse of any drug supplied on prescription from a registered medical practitioner.
4.2 React Homecare will proactively manage issues arising from the use of illegal drugs.
5. Procedure
5.1 React Homecare recognises that a Service User may have previously used, or currently be using illegal drugs and that they may misuse alcohol. React Homecare will encourage and assist any Service User who uses illegal drugs, or who misuses alcohol, to seek help from a specialist agency.
5.2 Procedures for Known or Suspected Possession or use of Illegal Drugs by a Service User
o Any member of staff who observes or suspects that a Service User is using, or is in possession of an illegal drug must report their concerns to the Registered Manager immediately
o React Homecare has no authority to remove or retain any substance without the Service User's express permission
o React Homecare will advise the Care Worker to leave the Service User's premises if the Service User is using illegal substances during the scheduled visit
o React Homecare will discuss the use of illegal substances during the scheduled visit with the Service User and advise that Care cannot be delivered if they are using illegal substances when the Care Worker is present. React Homecare will need to consider the safety and welfare of its staff and whether React Homecare will need to terminate the contract due to health and safety concerns. This must only be considered when all other alternatives have been explored
o Care Workers will not support a Service User with an illegal drug; this is a criminal offence
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o In subsequently reviewing the Service User's care needs, it may be appropriate for the clinical team to offer the Service User the opportunity of a referral to the Alcohol and Drug Advisory Service (ADAS)
5.3 Safeguarding and Child Protection
Where React Homecare is concerned about the safety and welfare of a Service User, a referral to the Local Authorities Safeguarding Adults Team will be made. React Homecare will ensure that the relevant notifications are also made to the Care Quality Commission.
If there are concerns that children may be exposed to illegal drug use in the Service User's home, React Homecare will follow the Child Protection Policy and local procedures and contact the local Authorities Child Protection Team for advice.
5.4 Supplying or Dealing in Illegal Drugs
Where the quantity or circumstances of the observation, suspicion or surrender of illegal drugs gives rise to the suspicion that there was an intention to supply drugs to others, the Police must be informed.
5.5 Supporting Staff
Staff will feel able to discuss concerns with their line manager in relation to this policy. They will be offered the opportunity to debrief, reflect and learn following any incidents in relation to Service Users and illegal substances.
5.6 The Registered Manager can discuss this policy and raise general awareness about drug and alcohol addiction as opportunities arise, such as at staff meetings or during supervisions. Staff will have access to resources and signposts to gain knowledge and competence in this subject area.
6. Definitions
6.1 Illegal Substance
o Legal drugs are drugs that are prescribed to a patient by their doctor or bought over the counter. Illegal drugs include prescription drugs that have been dangerously modified and substances that are banned by law
6.2 Substance Use
o Substance use is any time someone consumes alcohol or drugs
6.3 Drug
o A drug is a substance which alters the way in which the body or mind works. The term drug applies to alcohol, drugs controlled under the Misuse of Drugs Act 1971, prescribed drugs, over-the-counter medication, solvents and other substances with known psychotropic effects
6.4 Premises
o "Premises” can mean a house, boat or caravan, anything which is not moving. Responsibility for premises lies with occupiers, not owners. A tenant is an occupier for this purpose. Anyone who invites or excludes visitors, holds the key, or takes responsibility for “premises” will count as an occupier. This puts people sharing houses or flats in a difficult position. If one person uses a classified drug with the knowledge of others, then the co-tenants could be prosecuted for allowing the Page 3 of 4
premises to be used for taking the classified drug. It could also be an offence for an occupier to fail to put a stop to drug use on the premises for which they are responsible or jointly responsible
7. Key Facts – Professionals
Professionals providing this service should be aware of the following:
Substance use is a growing problem for all services
Services have a responsibility to help those already using substances, to prevent others from becoming involved and protect the safety of Service Users, visitors and staff (Department of Health 2002)
8. Key Facts – People affected by the Service
People affected by this service should be aware of the following:
You have a right to be provided care and support in a safe environment
Staff have a responsibility to help you if you are exposed to illegal substances from visitors or others around you
9. Outstanding Practice
To be ‘outstanding’ in this policy area you could provide evidence that:
Staff are aware of this policy and understand their responsibilities in relation to illegal substances
Resources are available and staff support Service Users with seeking advice and guidance if required
React Homecare joins in with national awareness campaigns and initiatives, both locally and nationally
Date Policy Reviewed
20th December 2019
6th January 2021
21.11.24
Signature of Reviewer
D Woolley
D Woolley
C Ellis