Briefing paper – Management of drugs in schools 2012
Drugs in schools - guidance
As part of the statutory duty on schools to promote pupils’ wellbeing, schools
have a clear role to play in preventing drug misuse as part of their pastoral
responsibilities.
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Schools’ general power to discipline - as set out in Section 91 of the
Education and Inspections Act 2006 - where reasonable to do so enables a
member of staff to confiscate, retain or dispose of a pupil’s property as a
disciplinary penalty.
When other substances are found, which are not believed to be controlled
drugs, these can be confiscated where a teacher believes them to be harmful
or detrimental to good order and discipline. This would include novel
psychoactive substances or legal highs. If school staff are unable to identify
the legal status of a drug, it should be treated as a controlled drug.
Introduction
All schools should develop a drugs policy which sets out their role in relation to
all drug matters – this includes the content and organisation of drug education,
and the management of drugs and medicines within school boundaries and on
school trips. Schools should Develop drug policies in consultation with the whole
school community including pupils,parents/carers, staff, governors and partner
agencies.
Further documentation:
Department for Education and the Association of Chief Police Officers; Drug
Advice for Schools (2012)
https://www.education.gov.uk/publications/eOrderingDownload/DfE%20and%20
ACPO%20drug%20advice%20for%20schools.pdf
Department for Education - Drugs: Guidance for Schools (2004)
https://www.education.gov.uk/publications/standard/publicationdetail/page1/DfES
%200092%202004
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Briefing paper – Management of drugs in schools 2012
The Association of Chief Police Officers - Drugs: Guidance for police working
with schools and colleges
http://www.drugscope.org.uk/Resources/Drugscope/Documents/PDF/Education
%20and%20Prevention/acpomain.pdf
Drug Scope (Drug Education Forum) School drug policy review process:
http://www.drugeducationforum.com/images/dynamicImages/7715_684805.pdf
The School drug policy will help to:
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provide a secure framework within which staff can operate with confidence
clarify legal responsibilities, entitlement and obligations
express and clarify a school’s attitude and responses for staff, pupils, parents
and governors
These guidelines have been produced to assist PSHE leads and other key
members of staff responsible for the writing and reviewing such a policy.
Schools may choose to have either a combined policy of drug education and
management of a drug related incident, or a separate policy for management of a
drug related incident.
These guidelines are intended to give more detailed advice and information on
the issues relating the management of drug-related issues and incidents in
schools.
How would I define a drug?
Drugs refer to all drugs including this includes alcohol, tobacco, illegal drugs,
medicines, novel psychoactive substances (“legal highs”) and volatile
substances.
What are the laws relating to drugs?
The Misuse of Drugs Act 1971 is the main piece of legislation covering drug use
and misuse in the UK. The law places drugs into three different categories,
known as Class A, B and C. Class A drugs are those considered to be the most
harmful, while drugs classified C are those considered not as harmful.
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Briefing paper – Management of drugs in schools 2012
Under the Misuse of Drugs Act 1971 it is an offence to:
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Possess a controlled substance unlawfully – (simple possession)
Possess a controlled substance with intent to supply it - (possession with
intent to supply)
To unlawfully supply a controlled drug (even where no charge is made for
the drug)
To allow premises you occupy or manage to be used for the purpose of
drug taking (including school premises)
Trafficking (supply) attracts the more serious of punishments,
including life imprisonment for Class A offences
The Drugs Bill 2005, deals with the ‘aggravated supply’ of controlled drugs,
stipulating conditions that have particular reference to schools, namely:
(a) The offence was knowingly committed in the vicinity of a school when it was
in use by under 18 year-olds, or one hour before or after any such time; or
(b) In connection with the commission of the offence, the offender used a courier
who was under 18 at the time of the offence.
The Medicines Act 1968 regulates drugs that are used for medicinal purposes,
and again there are three main categories. A pharmacist can only sell
'Prescription Only' drugs, but only if they have been prescribed by a doctor. The
'General' category allows the medicines to be sold without a prescription in any
shop, and a pharmacist can sell 'Pharmacy Medicines', without the need for a
prescription.
Possession of 'Prescription Only' medicines without a prescription is a serious
offence. Drugs such as amyl nitrite, GHB and calamine are regulated under the
Medicines Act.
The Road Traffic Act 1972 makes it an offence to drive while under the
influence of drugs and drink. Drugs include illegal and prescribed substances.
Licensing Act 1964 is the main piece of legislation relating to the sale and
supply of alcohol. It sets down the times alcohol may be served and who it may
be served to. The act makes it illegal to sell alcohol to anyone under the age of
18 (there are some exceptions).
The Cigarette Lighter Refill (Safety) Regulations 1999 is an amendment to the
Consumer Protection Act 1987. It makes it a illegal to supply gas cigarette lighter
refills to anyone under the age of 18. Retailers could face a hefty fine or a prison
sentence.
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Briefing paper – Management of drugs in schools 2012
The Intoxicating Substances (Supply) Act 1985 makes it an offence for a
retailer to sell solvents to anyone under the age of 18, if they suspect there are
going to be misused.
Children and Young Persons (Protection from Tobacco) Act 1991, along with
the Children and Young Persons Act 1933, makes it illegal to sell tobacco
products, which includes cigarettes, to people under the age of 16. It also makes
it mandatory to display warning signs.
The Confiscation of Alcohol (Young Persons) Act 1997 & Violent Crime
Reduction Act 2006 makes it an offence for a young person under the age of 18
to be in a public place with alcohol. The Police can seize the alcohol and take the
person’s name and address. Failure to comply can result in arrest. This also
includes legislation to take those under 16 home or to a place of safety (Children
Act 2004 to safeguard and promote the welfare of children)
The Persistently Possessing Alcohol in a public place - Policing and Crime
Act 2009 makes it an offence for a young person under the age of 18 to be in a
public place in possession of alcohol on 3 or more occasions within a period of
12 consecutive months. The Police can seize the alcohol and require the
person’s name and address. Failure to comply can result in arrest.
Giving Directions to Individuals to Leave a Locality - Violent Crime
Reduction Act 2006 enables a constable in uniform to issue a Direction to
Leave Order to an individual aged 10 or over who is in a public place where the
constable believes that such a Direction is necessary to remove or reduce the
likelihood of there being alcohol-related crime or disorder in the locality. The
Direction Order prohibits the individual from returning to the locality for a
specified period not exceeding 48 hours. There is a power of arrest for failing to
comply with the order.
What about authorised drugs on the school premises?
All illegal substances are banned on school premises.
Smoke Free
The school is designated as a "smoke free" area for staff and visitors.
Like many other establishments, schools are covered by the smoke free
provisions of the Health Act 2006. School must ensure that their smoking policy
reflect the legislation. All schools must be smoke free in line with the smoke free
legislation introduced in July 2007
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Briefing paper – Management of drugs in schools 2012
Alcohol
If alcohol is authorised at school, for example at parent/carer or community
events, the arrangements for storage or use should be agreed and adhered to. It
is an offence under the Licensing Act 1964 to sell alcohol without a licence.
Schools would need to obtain an occasional licence to sell alcohol under the
Licensing (Occasional Permissions) Act 1983. However, no licence would be
needed by the school to offer alcohol at school events (where no sale takes
place) or to store alcohol on school premises. Schools need to decide
beforehand whether they will offer or sell alcohol to pupils who are over 18
To protect the health and safety of the school community, regular checks will be
made of the site to ensure that any drug paraphernalia, particularly needles and
syringes, are disposed of safely and legally.
Volatile substances
Schools should take careful account of how any solvents or hazardous chemicals
are legitimately used by school staff or pupils, and how these substances are
stored securely and managed to prevent inappropriate access or use.
Arrangements should be set out in the school’s health and safety policy.
The school will ensure that potentially hazardous substances are stored safely
and pupils will be supervised if it is necessary that they come into contact with
them in the course of their work. Pupils are not permitted to be in possession of
sniffable products.
Collection of Hypodermic Needles
Care must be taken when dealing with hypodermic needle finds. The District
Councils have a collection team, which will arrange collection and safe disposal;
Cherwell
West Oxfordshire
Oxford City
Vale
South Oxfordshire
01295 221940
01993 861020
0800 783 1957
01235 520202
01491 823416
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Briefing paper – Management of drugs in schools 2012
Are we responsible?
In loco parentis – this refers to the schools delegated duty to exercise adequate
supervision and to act as wise, responsible and careful parents would towards
any child in their care. The responsibilities of supervision are variable and
depend on the age and maturity of the child and the circumstances. This could
be interpreted as giving adequate advice and instructions, rather than constantly
watching a child, unless there is obvious danger.
What about prescribed drugs on the school premises?
Schools are not required to manage pupils’ medicines. However, where schools
do so medicines they must be managed safely. This must be in accordance with
their employer’s health and safety policy.
DfES and DH advise that schools have sufficient numbers of suitably trained and
contracted members of school support staff to manage pupils’ medicines. School
support staff that are not contracted to do this may volunteer to be trained.
There is no legal duty on teachers to manage pupils’ medication and they do so
on a voluntary basis.
School staff that administer medication (whether voluntarily or as part of their
contract of employment) should receive appropriate training and support from
health professionals (e.g. school health nurse). Where it is agreed to manage
medication, there should be robust systems in place to ensure that the medicine
is managed safely. Medication must be in original packaging with the prescriber’s
instructions and expiry date. There must be an assessment of the risks to the
health and safety of staff and others and measures put in place to manage and
identified risks.
It is up to the parent/carer’s to inform the school if their child has a medical
condition and requires some support during the normal school day. It is important
that a school is well informed about a pupil’s medical condition so that it may
support the pupil effectively. Where support is needed this should be discussed
between the school, parents/carers, children and health professionals, as
appropriate. Schools need the advice from the school health team (for example,
school health nurse) or the child’s GP or psychiatrist about the appropriate levels
of support the school can provide.
What are the school premises?
The legal definition of premises of a school includes everything within the
property boundaries including buildings, outbuildings, playgrounds, fields and
also extends to include other settings such as vehicles, boats, marquees or any
venue managed by the school at the time e.g. premises of a school trip or visit.
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Briefing paper – Management of drugs in schools 2012
Pupils, staff and visitors to the premises should be made aware of the school’s
drug policy.
What could be a drug incident?
Any incident involving illegal or illegal drugs on school premises should be
classes as a drug incident, for example:
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drug or associated paraphernalia are found on school premises
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a pupil is found in possession of drugs or associated paraphernalia
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a pupil is found to be a recognised source of supply of drugs on school
premises
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a pupil is thought to be under the influence of drugs
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a pupil is displaying signs of illness or inappropriate behaviour as a result
of substance misuse
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a staff member has information that the illegitimate sale or supply of drugs
is taking place in the local area
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a pupil discloses that they are misusing drugs or a family member/friend is
misusing drugs
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a parent/carer or staff member is thought to be under the influence of
drugs on school premises.
Searching (new advice April 2012)
New schools’ powers of screening and searching pupils so that school staff have
the confidence to use them. In particular it explains the use of the power to
search pupils without consent. It also explains the powers schools have to seize
and then confiscate items found during a search. It includes statutory guidance
which schools must have regard to.
• Education Act 1996
• Education and Inspections Act 2006
• The Schools (Specification and Disposal of Articles) Regulations 2012
• The School Behaviour (Determination and Publicising of Measures in
Academies) Regulations 2012
• Health and Safety at Work etc. Act 1974
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Briefing paper – Management of drugs in schools 2012
Searching with consent:
• School staff can search a pupil for any item if the pupil agrees. The ability to
give consent may be influenced by the child’s age or other factors.
Searching without consent:
• headteachers and staff authorised by them have a statutory power to search
pupils or their possessions, without consent, where they have reasonable
grounds for suspecting that the pupil may have a prohibited item. Prohibited
items are:
 knives or weapons
 alcohol
 illegal drugs
 stolen items
 tobacco and cigarette papers
 fireworks
 pornographic images
 any article that the member of staff reasonably suspects has been, or is likely
to be used:
o to commit an offence
o to cause personal injury to, or damage to the property of, any person
(including the pupil)
headteachers and authorised staff can also search for any item banned by the
school rules which has been identified in the rules as an item which may be
searched for and must be explicit in the School Drugs Policy.
Involving parents and dealing with complaints
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Schools are not required to inform parents before a search takes place, or to
seek their consent to search their child.
There is no legal requirement to make or keep a record of a search - but it is
advisable in order to respond to any future complaint by a pupil or
parent.
Though there is no legal requirement to do so - schools would normally inform
the individual pupil’s parents or guardians where alcohol, illegal drugs or
potentially harmful substances are found.
Complaints about searching should be dealt with through the normal school
complaints procedure.
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Briefing paper – Management of drugs in schools 2012
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A senior member of staff who is responsible for the school’s drugs policy,
should liaise with the police and agree a shared approach to dealing with
drug-related incidents.
This approach should be updated as part of a regular review of the policy.
Confiscation of items;
• School staff can seize any of the above prohibited items found as a result of a
search. They can also seize any item, however found, which they consider
harmful or detrimental to school discipline.
Controlled drugs
In taking temporary possession and disposing of suspected controlled drugs
schools are advised to:
 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/find and witness present;
 store it in a secure location, such as a safe or other lockable container with
access limited to senior members of staff;
 notify the police without delay, who will collect it and then store or dispose of it
in line with locally agreed protocols. The law does not require a school to
divulge to the police the name of the pupil from whom the drugs were taken
but it is advisable to do so;
 record full details of the incident, including the police incident reference
number;
 inform parents/carers, unless this is not in the best interests of the pupil;
 identify any safeguarding concerns and develop a support and disciplinary
response
This provision applies to Academies through The School Behaviour
(Determination and Publicising of Measures in Academies) Regulations 2012.
Drug Dogs and Drug Testing
The Association of Chief Police Officers (ACPO) recommends that drug dogs
should not be used for searches where there is no evidence for the presence of
drugs on school premises.
However schools may choose to make use of drug dogs or strategies if they
wish. It is advisable that the school consults with the local police.
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Briefing paper – Management of drugs in schools 2012
What about identifying drugs
The identification of drugs may be a major issue. It may not be possible to
identify a drug (or to be sure it is a drug) without formally testing it. Your local
police Youth & School Involvement Officer may be able to help. If in doubt you
must treat as a controlled drug and consider Health & Safety requirements.
Volatile substances
Given the level of danger posed by volatile substances schools may arrange for
their safe disposal. Small amounts may be placed in a bin to which pupils do not
have access, for example a bin within a locked cupboard.
What next?
The head teacher or designated staff member leading on drugs issues should be
informed of the incident and if necessary instigate an appropriate investigation.
All witnesses should be invited to make a written statement about what they saw.
Careful attention should be given to respecting the confidentiality of those
involved.
A few ideas for consideration:
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does the pupil admit the allegations?
is this their first drug offence?
What type of drug is it
what quantity of the drug was involved? (personal use or supplying)
what was the pupil's motivation? (Why)
what were they going to do with the drug?
Who else might be involved?
does the pupil have a parent/carer or family member who is misusing
drugs?
does the pupil know and understand the school policy and school rules?
Great care must be taken to record any statements provided by those involved or
by witnesses as police may require these if the incident becomes a criminal
investigation. Schools should consider separating any pupils involved in the
incident and obtaining another adult to support and witness both the teacher
dealing with the incident and the pupils involved. The records may be used as
evidence in any subsequent prosecution.
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Briefing paper – Management of drugs in schools 2012
What happens now?
Schools should be ready to involve or refer pupils to other services when
needed. These do not necessarily need to be drug specific agencies, and in
some situations the general youth service or young people’s counselling may be
more appropriate. Where possible, and where this will not compromise the pupil’s
safety, the school should seek the involvement of the pupil and the pupil’s
parents/carers in such a decision.
Oxford Drug and Alcohol Action Team - Local information:
http://www.oxfordshiredaat.org/youngpeople/
Oxfordshire Early Intervention Centres;
http://www.oxfordshire.gov.uk/cms/content/early-intervention-service
When responding to the media
If the school/college receives a media enquiry after a drug-related incident the
caller should be referred only to the head-teacher/principal or deputy in their
absence
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A checklist of appropriate key facts is prepared in advance.
If you are contacted unexpectedly ask to be called back later to allow time
for this to happen.
Ensure that the privacy of the pupil and their family is respected, and do
not release any information that could be prejudicial to any future enquiry.
Statements should be short, factual and without elaboration. Do not be
drawn into saying more than you intend to.
Avoid commenting on events or circumstances that are outside the control
or remit of the school.
Show that the incident has been managed effectively.
Be positive wherever possible and conclude with reassurance about the
incident.
Remember that there is no such thing as an “off the record” comment.
Schools/colleges receiving media enquiries should inform the County Hall Press
Office who may be able to offer support and manage the media for them if
required.
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Briefing paper – Management of drugs in schools 2012
Useful websites:
Young Addaction is the drug and alcohol treatment service for young people in
Oxfordshire. Young Addaction provides a confidential service for young people
needing information, advice, support or treatment. Young Addaction also offers
support and advice to young people affected by other people's drug and alcohol
use. http://www.oxfordshiredaat.org/youngpeople/
OXCENTRIC is Oxfordshire County Council's website for young people.
http://oxcentric.oxme.info/cms/
DAAT - Commissioning drug and alcohol treatment and support services for
young people, adults, families and carers throughout Oxfordshire
www.oxfordshiredaat.org
Addaction is one of the UK’s largest specialist drug and alcohol treatment
charities. As well as adult services, they provide services specifically tailored to
the needs of young people and their parents. The Skills for Life project supports
young people with drug misusing parents.
www.addaction.org.uk
ADFAM offers information to families of drug and alcohol users, and the website
has a database of local family support services. Tel: 020 7553 7640 Email:
admin@adfam.org.uk Website: www.adfam.org.uk
Alcohol Concern works to reduce the incidence and costs of alcohol-related
harm and to increase the range and quality of services available to people with
alcohol-related problems.Tel: 020 7264 0510. Email:
contact@alcoholconcern.org.uk Website: www.alcoholconcern.org.uk
ASH (Action on Smoking and Health) A campaigning public health charity
aiming to reducethe health problems caused by tobacco. Tel: 020 7739 5902
Email: enquiries@ash.org.uk Website: www.ash.org.uk
Children’s Legal Centre operates a free and confidential legal advice and
information service covering all aspects of law and policy affecting children and
young people. Tel: 01206 877910 Email: clc@essex.ac.uk Website:
www.childrenslegalcentre.com
Children’s Rights Alliance for England - A charity working to improve the lives
and status of all children in England through the fullest implementation of the UN
Convention on the Rights ofthe Child. Email: info@crae.org.uk Website:
www.crae.org.uk
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Briefing paper – Management of drugs in schools 2012
Drinkaware - An independent charity that promotes responsible drinking through
innovative ways to challenge the national drinking culture, helping reduce alcohol
misuse and minimize alcohol related harm. Tel: 020 7307 7450 Website:
www.drinkaware.co.uk/
Drinkline - A free and confidential helpline for anyone who is concerned about
their own or someone else’s drinking. Tel: 0800 917 8282 (lines are open 24
hours a day) Drug Education Forum (DEF) - A forum of national organisations
in England which provide drug education to children and young people or offer a
service to those who do. Tel: 020 7739 8494 Website:
www.drugeducationforum.co.uk
DrugScope is a centre of expertise on illegal drugs, aiming to inform policy
development and reduce drug-related risk. The website includes detailed drug
information and access to the Information and Library Service. DrugScope also
hosts the Drug Education Practitioners Forum. Tel: 020 7520 7550 Email:
info@drugscope.org.uk Website: www.drugscope.org.uk
FRANK is the national drugs awareness campaign aiming to raise awareness
amongst young people of the risks of illegal drugs, and to provide information
and advice. It also provides support to parents/carers, helping to give them the
skills and confidence to communicate with their children about drugs.
24 Hour Helpline: 0800 77 66 00 Email: frank@talktofrank.com Website:
www.talktofrank.com
Healthy Oxfordshire Schools Team
April 2012
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