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Contents

1. Introduction
2. Practice Guidelines
3. The Law Relating to Drugs and Alcohol

1. Introduction

Drug and alcohol use is not new.  Current research suggests that there has been a significant rise in the numbers of children using and misusing drugs and alcohol. This is a culture in which drugs and alcohol are easily available, acceptable and seen as “normal” within peer groups.

While large numbers of children experiment with drugs and subsequently stop without any ill effects, certain groups are particularly vulnerable to suffering significant harm through substance misuse.  These children often have complex needs arising from multiple health problems, along with housing, social and financial difficulties.  Especially vulnerable are children who are looked after (particularly if they are excluded from school).  Many of these children come from homes where families have misused drugs and alcohol.

It is important to maintain a clear perspective on substance misuse by children.  To ensure that they are well informed is not to condone substance misuse or to give the message that illegal drugs are commonplace and therefore acceptable as long as certain precautions are taken.

In this document the terms use and misuse are used in the following sense:

Use: refers to experimental and recreational use, which does not represent a long-term problem for the individuals concerned or for their families.

Misuse: is defined as use that is harmful, dependent use or use of substances as part of a wider spectrum of problematic or harmful behaviour.

2. Practice Guidelines

2.1 Introduction

It is important that a holistic approach is adopted for issues relating to illegal drugs, alcohol and tobacco.  It forms part of the role of the parent and carer towards looked after children, and promotes their welfare.

When a child is in receipt of services as a Child in Need, or is to become Looked After or is leaving care, a comprehensive assessment of their needs should be made including possible health problems and needs.  The possibility of the misuse of illegal drugs and alcohol and the question of smoking should be addressed.  Where there is a risk to physical and psychological health through substance misuse, any Care Plan and/or Placement Information Record should include plans to manage and treat the problem.

As in all care planning/pathway planning, the aim is to meet the whole needs of the person, health, educational, social and psychological.  A multi-agency approach is therefore vital in assessing and planning for young people involved in substance misuse.

2.2 Personal Conduct

Carers/staff should be aware of the importance of the role model they present to children.  This is especially significant with regard to the use of substances including legal drugs such as tobacco and alcohol.  In particular children under the age of 16 should be discouraged from smoking and a clear message given to the effects on health.

In exceptional circumstances, personal disclosure about past substance use by staff members may be beneficial.  However, before taking this course of action staff must:

• Seek approval and guidance from their line manager
• Give careful consideration to the effect disclosure may have on their work with the client.

2.3 Working With Under 16’s

Carers/staff should be aware of the range of local services available to children and families who are experiencing problems with substance misuse.

Where carers are of the view that more specialist intervention is necessary, a referral should be made to the appropriate agency, and/or the child should be encouraged to seek help through the GP.

Such referrals should normally be made in collaboration with the child and the child’s parent.  However, if the child is not willing for his/her parents/carers to be informed, the social worker should still seek appropriate services where the child is under 16 years of age, if the social worker considers the child is able to understand the reasons for treatment and the consequences of not receiving treatment. 

It will be a matter for the doctor to determine whether he/she may give drugs advice and treatment for a child under 16 without the parent’s consent (i.e. whether the child is Fraser Competent); the doctor will generally need to be satisfied that:

1. The child (although under 16 years of age) will understand her/his advice.
2. She/he cannot persuade the child to inform their parents or allow the doctor to inform their parents that the child is seeking advice on drugs.
3. The child is very likely to begin or to continue to use drugs with or without drugs treatment.
4. Unless the child receives drugs advice or treatment their physical or mental health may be significantly harmed.
5. The child’s best interests require her/him to give the child drugs advice or both with or without parental consent.

Staff/carers should seek guidance through their manager in respect of any looked after child who needs treatment for substance misuse.

2.4 Young People Aged 16 and Over

Young people of 16 and over are entitled to make their own decisions with regard to medical treatment, and are entitled to medical confidentiality.  This holds for all young people.  Information regarding patterns of substance misuse or any treatments or interventions should not be passed on to parents/carers or other agencies without that young person’s permission.  Standard exceptions to the right of confidentiality apply in regard to child protection concerns and risk assessments.

See also Consents Guidance

2.5 Smoking

Children should have access to health information about smoking, either through leaflets or in discussion with staff/carers.  Staff/carers can request information on smoking from either the Designated Nurse for Looked After Children or the child’s named health visitor.

It is recognised that children under 16 may have already developed a dependency on tobacco.  Children who are dependent on tobacco will smoke outside their home and may well absent themselves in order to do so, thereby placing themselves at risk.

If a child is dependent on tobacco this should be addressed in the child’s Placement Information Record and Health Action Plan and advice should be sought from the named health visitor. In respect of a child under the age of 16 who is dependent on tobacco, sensitive help and advice should be given to enable the child to recognise the reasons why it would be in their best interests to stop smoking.

2.6 Alcohol

If the child is drinking alcohol regularly, this drinking behaviour must be discussed with the child when he/she is not under the influence of the alcohol.  The child’s social worker must be notified so that steps can be taken to address the drinking.  It may be appropriate to contact the Designated Nurse for Looked After Children for help and advice.

2.7 Illegal Substances

Foster carers and residential staff must make it clear to children that possession of illegal substances is not tolerated.  They must always discuss any concerns they may have with their manager and the child’s social worker.

Below are some common concerns and how to respond to them

I suspect my foster child is taking illegal drugs

• Talk to the child about your suspicions enabling them to explain the situation.
• Contact your family placement worker and the child’s social worker about your concerns and ask their advice.

I suspect my foster child has illegal drugs in their possession

• Inform the child of your suspicions and give them the opportunity to hand over any illegal substances.
• If the child hands over illegal substances these should be stored securely and handed over to the police.  These substances should be handed over for disposal without identifying the name of the person.
• Make it clear to them that they are putting you on the wrong side of the law if illegal substances are in your home.
• Inform your family placement worker and the child’s social worker.
• If out of hours and needing help and advice contact the emergency duty team

My foster child is coming home in the evenings under the influence of illegal drug taking

• Do not attempt to discuss their behaviour with them while they are affected by whatever substance they may have taken.
• If at any time you are concerned about their immediate health contact your GP or in an emergency call 999. (see Section 2.8, Dealing with Intoxication)
• Inform your family placement worker and child’s social worker.
• When the child is no longer under the influence of the drug discuss their behaviour with them.

My foster child has been excluded from school because of illegal drug taking

• Contact your family placement social worker.
• Contact the child’s social worker
• Contact the teacher at the school with responsibility for looked after children and ask for a meeting

2.8 Dealing with Intoxication

Carers should ensure the safety of an intoxicated child by:

• Staying with them, speaking in a calm and reassuring manner
• If drowsy move them gently into the recovery position in order to prevent choking on vomit;
• If necessary, seek medical help
• If the child is heavily under the influence of alcohol, don’t leave them to sleep it off alone because there is a risk of choking if they vomit.  Make sure they sleep on their side and check they keep breathing.
• If the child becomes unconscious, dial 999 straight away and ask for an ambulance
• If you know what drug has been taken, tell the ambulance crew.  If you find drugs but are not sure what they are, give them to the ambulance crew.

2.9 Following an Incident of Intoxication

Carers should consider the implications of the incident once the immediate problem has been dealt with.  They should consider:

• What led up to the incident;
• What substances caused the intoxication;
• Whether the incident was an isolated one or part of a pattern of behaviour;
• How the matter is to be addressed with the child and include this in the overall care plan. 
• Consideration should be given to what services could or should be sought from other agencies.

3. The Law Relating to Drugs and Alcohol

3.1 Smoking

It is illegal for children under 16 to be sold tobacco products.  Police officers and uniformed park-keepers may confiscate cigarettes and tobacco from children under 16 who are found smoking in public places.

It is also illegal for an adult to purchase cigarettes for or on behalf of a child under 18.

3.2 Alcohol

The law for England, Scotland and Wales is summarised in the table below and varies according to the age of the child:

Age	The law
Under 5	May not be given alcohol except on medical orders (S5 Children and Young Persons Act 1933).
Under 14	A young person under 14 cannot go into the bar of a pub unless accompanied by a person over 18 years and before 9 pm and the pub has a ‘children’s certificate'. If it does not have one, they can only go into parts of licensed premises where alcohol is EITHER sold but not DRUNK (e.g. an off licence or a sales point away from the pub), or DRUNK but not sold (e.g. a garden or family room).
14 or 15	14 and 15 year olds can go anywhere in a pub, but cannot drink alcohol. Under 16’s may be present in a restaurant where alcohol is served with a meal and at the licensee’s discretion may consume but not buy alcohol brought by an accompanying adult.
16 or 17	16 and 17 year olds can buy (or be bought) beer or cider as an accompaniment to a meal, but not in a bar (i.e. only in an area specifically set aside for meals).
Under 18	Except for 16 and 17 year olds having a meal in a pub (see above), it is an against the law for anyone under 18 to buy alcohol in a pub, off licence, supermarket or other outlet; or for any one else to buy alcohol in a pub for someone who is under 18.

(A Parent’s Guide to Drugs and Alcohol, HEA, 2000)

3.3 Illegal Substances

A first offender caught in possession of a controlled (illegal) drug, who admits that he/she has committed a criminal offence, may receive a formal warning from the police or a formal caution.  If a person between the age of 10 and 17 commits further criminal offences, including selling or smuggling drugs, they could be charged by the police and dealt with by a youth court. 

The court has a number of options open to it, such as fining parents or putting the offender in a Young Offenders Institution (but not prison).

Keeping drugs for another person and handing them back could result in a charge of unlawful supply.

On premises you are responsible for (i.e. you occupy or are concerned in the management of) it is an offence to knowingly allow anyone to produce, give away or sell illegal drugs.  Its an offence even to offer the drug free of charge.  So if a parent knows that their child is sharing illegal drugs with a friend in their home and does nothing to stop it, the parent may have committed an offence.  Knowingly allowing the smoking of cannabis in your home is also an offence.

If you take illegal drugs from someone to prevent them from committing an offence, you must destroy them or take the drugs to the police as soon as possible.

The Misuse of Drugs Act divides illegal drugs into three classes and provides for maximum penalties as follows:

Class of Drug	Drug Type	Maximum Penalties
Class A	Amphetamines (speed) If prepared for injection Cocaine, Crack, Ecstasy (and drugs similar to ecstasy) Heroin LSD (acid) Magic Mushrooms If prepared for use	Possession: 7 years prison and/or a fine Possession with intent to supply, or supply: Life imprisonment and or a fine
Class B	Amphetamines (speed) Cannabis (classification in process of being changed to Class  C)	Possession:5 years prison and/or a fine Possession with intent to supply, or supply: 14 years’ prison and/or a fine
Class C	Anabolic steroids Benzodiazepines (e.g. temazepam, flunitrazepam, valium)	Possession:2 years’ prison and/or a fine Possession with intent to supply, or supply: 5 years’ prison and/or a fine

(A Parent’s Guide to Drugs and Alcohol, HEA, 2000)

3.4  Volatile Substance Misuse (including adhesives, aerosol gases, paint stripper, typewriter correction fluid)

The possession of volatile substance is not illegal.  However, it is an offence in English law to supply or attempt to supply a substance to a person aged under 18, knowing or having reasonable cause to believe, that the substance or its fumes are likely to be used by that person for the purpose of its having caused intoxication.

End