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KNOWLE PARISH CHURCH
DRUGS POLICY
We wish you to understand that for the benefit of everyone using these premises the following requirements have been agreed...
ILLEGAL DRUGS ARE NOT ALLOWED TO BE BROUGHT ONTO THESE PREMISES OR TO ANY OF OUR ACTIVITIES
ILLEGAL DRUGS MUST NOT BE MADE OR SOLD ON THESE PREMISES
THE POLICE WILL BE INFORMED OF ANY INFRINGEMENT OF THESE REQUIREMENTS
ANYONE WHOM WE BELIEVE TO BE UNDER THE INFLUENCE OF ILLEGAL DRUGS WULL BE ASKED TO LEAVE THE PREMISES
Many thanks.
A detailed copy of the Parochial Church Council's Drugs Policy may be inspected on request to the Parish office.
KNOWLE PARISH CHURCH
POLICY ON CHILD PROTECTION FROM DRUG ABUSE
EXECUTIVE SUMMARY
1. This Policy on Child Protection from Drug Abuse (the Policy) complements the Parish's existing Child Protection Policy, Procedures and Code of Practice. Its evident primary purpose is to protect children and young people (those up to the age of 18) from the harmful effects of controlled drugs defined under the Misuse of Drugs Act 1971 (“the Act”) whilst in the care of Knowle Parish Church (“KPC”) and its organisations.
2. However, the Policy also protects KPC's workers (ministers, youth and children's workers, employees and volunteers etc) working with children and young people. The Act says that anyone in charge of premises who knowingly allows a range of drug-related activities to take place in them commits a criminal offence for which the penalty can be a jail sentence. Under the Act, the word “knowingly” has a much more extensive meaning than it does in everyday language and includes closing ones eyes to the obvious or not caring whether an offence may be taking place.
3. Of course, while the Policy is specifically aimed at protecting children, young people and KPC's workers, the Act applies with equal force to adults.
4. KPC accepts the evidence published by the relevant authorities in the West Midlands, including the Police, that drug abuse amongst children and young people is widespread. It is sensible, therefore, to take precautions and implement this Policy.
5. The Policy emphasises the need for explicit procedures to be adopted so that, if a drug related incident occurs, everyone concerned, including children and young people, Parish workers, and if necessary the Police, know what the measured response will be. For this to happen effectively, training for some workers will be required.
6. Finally, we note that the Diocese of Birmingham acknowledges the need to provide Parishes with information and advice about changes in the law and good practice on an ongoing basis.
PURPOSES OF THE POLICY
7. The purposes of this Policy are:
a. To protect children and young people (who are defined in The Children Act, 1989, as those between birth and 18 years of age) whilst in the care of KPC and its organisations from drug abuse. It complements the Parish's existing Child Protection Policy under which the welfare of children and young people is already the paramount consideration.
b. To enable KPC's employees and volunteers to avoid committing a criminal offence under the Act.
c. To protect the excellent reputation of the Diocese and its Parishes for child protection. A rigorous policy to deal effectively with any drug incidents that may arise involving children and young people in their care will help protect and enhance this reputation.
THE LAW ON DRUGS - who is responsible if drug abuse
takes place on the premises?
8. For practical purposes the relevant legislation for the Diocese and its Parishes is contained in Section 8 of the Act and subsequent case law made under it, including the judgement made by the Appeals Court in the Crown v. Wyner and Brock case. The significance of this case is explained in paragraphs 11 and 13 below.
9. The Act says:
“A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on these premises, that is to say:
a. Producing or attempting to produce a controlled drug
b. Supplying or attempting to supply a controlled drug to another or offering to supply a controlled drug to another
c. Preparing opium for smoking
d. Smoking cannabis, cannabis resin or opium”.
INTERPRETATION
10. The words “permits or suffers” have a legal meaning, which is not the same as the everyday meaning.
11. The “person” in Section 8 of the Act was interpreted by the Court in the Wyner and Brock case to mean: “directors, managers, deputy managers and team leaders and possibly anyone in some sort of control of the premises…” So anyone in a supervisory position, (i.e. the definition could extend to volunteers and caseworkers) who knowingly permits or suffers anyone else to produce, prepare or use a controlled drug, is guilty of a criminal offence.
How does a person “know” if drugs are being produced or used?
12. The word “knowingly” in Section 8 of the Act can mean:
a. Actual knowledge, or
b. Knowledge of circumstances which gives someone a suspicion or
c. Knowledge of circumstance so it could be said they had shut their eyes to the obvious, or
d. Had allowed something to go on not caring whether an offence took place or not.
So “knowingly” does not have to mean absolute certainty; it can mean closing your eyes to the obvious or even to the likelihood of drug dealing.
13. In the Wyner and Brock case there was a failure to deal with drug dealing because of the wish to maintain an “open door” policy and a failure to ban, or keep to bans of known drug dealers. There was also a policy of confidentiality about clients so as not to discourage drug abusers working with the project to eliminate drug dependency. The Court held that the good intentions towards the client group were no defence for not stopping the dealing, and that the use of the confidentiality policy was not appropriate in circumstances because it would lead to breaking the law.
14. KPC is most unlikely to be involved in projects as inherently risky as the project in the Brock and Wyner case. Additional legal advice to this guidance would be required if such a project was envisaged, because of the likelihood of a custodial sentence being the price to pay by employees and volunteers if drugs were sold on the premises.
15. The Act lists the drugs that it is an offence to possess, supply, offer to supply or produce without authorisation and classifies these according to the danger they pose:
a. Class A: Including heroin, opium derivatives, cocaine, LSD, and ecstasy
b. Class B: Including barbiturates, cannabis and oral preparations of amphetamines (though recent legislation has reclassified cannabis under Class C.)
c. Class C: Including tranquillisers such as Valium, sleeping pills and less harmful Amphetamines.
DRUG ABUSE INVOLVING ADULTS
16. This policy guidance is provided specifically to protect children and young people in the care of KPC and its organisations and those managers, employees and volunteers responsible for them. The Act does, of course, apply with equal rigour to everybody over 18 years of age, including the provisions about the responsibilities of managers and others of premises under Section 8 of the Act (as explained in paragraphs 11 and 12 above).
17. If there are activities in and around Church premises for adults where there are grounds for suspecting that drug abuse could take place, even if this is unlikely, then this policy guidance will be taken to apply to these activities as well. The statistical correlation between homeless young adults and drug taking, for instance, is so high that unless there is irrefutable evidence to the contrary it would be wise to operate on the basis that drug abuse is going on.
APPLICATION OF THE POLICY IN PRACTICE
A SENSE OF PROPORTION
18. The list of considerations to take into account when developing a drugs abuse policy of this kind may seem daunting. Moreover it may not bear any relation to most of the children and young people that workers in KPC's organisations would recognise. Indeed the children and young people themselves might be distressed to think that these considerations were supposed to be even only a partial portrait of them. Please bear in mind that:
a. It is to be hoped that drug abuse will not be encountered at all but, like fire prevention precautions for people in buildings, it pays to be prepared.
b. The West Midlands Police Force and all of the Education Authorities in the West Midlands conurbation have jointly and publicly said “within schools there is sufficient anecdotal evidence and empiric observation to suggest that no school can be regarded as free from any drugs”.
PROCEDURES TO BE ADOPTED
19. The users of each of our organisations must know that:
a. A policy relating to the use and abuse of drugs is in force
b. The local police have been made aware of this
c. What is likely to happen to them if drugs are found in their possession or they are found to be selling them (see paragraphs 25 and 26 below).
20. Similarly, all workers in an organisation (management, staff and volunteers) must be aware of the policy.
21. One way of achieving this necessary awareness is to ensure that notices about the policy are prominently displayed in St John's Hall. An example of such a notice is given at Annex A.
22. We will have to ensure there are adequate resources to enforce the policy and make it clear to all users of our premises that this is the case This may include supervision extending to areas like the churchyard which lie within the curtilage of the building(s) being used because the Act applies to these areas too.
23. Consideration will be given to preparing a short leaflet to give to young people, (and their parents), explaining the drugs abuse policy. Where someone has been temporarily banned for an infringement of this policy, consideration will only be given to lifting the ban if the person is willing to sign the (not legally enforceable) agreement between them and KPC outlined at Annex B.
24. The written message will need to be reinforced in other ways. This will be especially necessary where the children and young people involved include under-achievers at school and those for whom English is a second language. These ways can include:
a. Occasional talks by suitably trained youth workers or West Midlands Police Drugs Advice Officers
b. Consistent application of the policy by employees and volunteers.
25. The Policy will need to have a sanction so that it is clear it will be enforced firmly and fairly as a measured response to the seriousness of the offence. Our workers are not expected to become experts in the subject but they should be able to distinguish between most Class A and Class C drugs. But to protect employees and volunteers the sanction for dealing or producing drugs on the premises, or reasonable suspicion thereof, should take the form of:
a. A temporary ban from the organisation.
b. Informing parents.
c. A report to the police.
26. If we are able to bring in the support of Social Services, parents and the Police, then the child or young person may continue to attend the organisation if this is seen as part of an overall strategy. But it has to be understood that:
a. The police will be involved if dealing in or production of drugs takes place
b. Repeated offences will result in a total ban.
27. When an organisation's objective itself includes reaching out to children and young people who are already regarded as excluded, the ban should, where possible, be accompanied by other ways of keeping in touch and by referrals to other agencies. Where breach of the policy falls short of dealing or producing drugs on the premises, for example by turning up under the influence of drugs, the sanction may be a ban for a limited period of time.
28. Accurate documentation on all children and young people banned from an organisation for drug abuse should be fully recorded. This should include:
a. The name of the person banned
b. The reason for the ban
c. Other steps taken
d. When the ban commenced
e. Who imposed the ban
f. Whether the police were informed (in cases of dealing, the Police should always be informed).
This documentation should conform to the published guidance on data protection whether kept on a computer or not. Advice on data protection is available from the Diocesan Youth Office.
29. If it becomes necessary for a child or young person to be removed from one of our organisations immediately, an assessment of how this is to be achieved will have to be made. Depending on the age of the child, his or her perceived state of health and any aggression being displayed, these options will include:
a. Inviting a parent to collect them
b. Seeking first aid
c. Phoning for an ambulance
d. Phoning the police.
30. Following a drug-related incident, there may be materials at the scene in the form of hypodermic needles, foils, tablets and vomit etc. It will be important to preserve these for two reasons. First, they may help decide upon appropriate medical treatment. Second, they may constitute forensic evidence. Equally importantly, hypodermic needles should be treated with care because of the communicable diseases they could transmit.
PHYSICAL RESTRAINT OF A CHILD OR YOUNG PERSON
31. Removal of a child or young person from the premises, it will be clear from the paragraph above, may exceptionally involve restraint. This is an area requiring specialist knowledge and can raise other child protection issues. Broadly speaking, if it can be shown that there is a significant risk of a child or young person injuring themselves or others by their actions, then they can legally be restrained, whenever possible in the presence of at least one other adult.
THE IMPORTANCE OF TRAINING
32. For a drug abuse policy to be effective, some training for the employees and volunteers of organisations will be necessary. A judgement will have to be made about how many staff will need training and how detailed this should be. It would be neither practicable nor necessary for any staff to become experts in this field. There are one and two day courses available in the Birmingham City Council area of the Diocese that are available free of charge and the City Council can provide any additional training required for a fee. The Bishop's Adviser for Youth Work can be contacted for further information about this and other training available to the Diocese and its Parishes. The minimum requirement of this training is that:
a. The law under Section 8 of the Act is understood as it applies in everyday situations
b. The main symptoms of drug abuse behaviour and appearance are recognised
c. The more commonly used controlled substances can be identified
d. The circumstances where it is reasonable to believe that drug-related activity may be going on are understood and, crucially, what then to do about it.
MONITORING, EVALUATION AND REVIEW
33. As with any policy of this kind, this Policy will need to be subject to monitoring, evaluation and review to ensure that it is achieving its objectives and takes into account any changes in the law and best practice.
34. It will be KPC's responsibility to ensure that its Policy meets prevailing legal requirements at all times. Because of this the Policy will initially be ratified by the PCC, which should be provided with an annual report thereafter. However, nominated officers from the Diocese in its Youth Office and the Community Projects Department will review changes to relevant legislation and best practice quarterly, and this information will be available to the rest of the Diocese and to Parishes.
Ratified by the PCC 16/7/03
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