Introduction
Visibly has a responsibility to uphold the law. The Health and Safety at Work Act 1974 requires the provider to do what is reasonable to protect the health and safety of Staff, Community Members and Visitors. All Community Members have a legal responsibility to take care of their own safety and that of others.
Visibly aims to balance respect for the privacy and freedom of individual Community Members with the imperatives of compliance with the law and maintenance of a safe, productive and legal environment in the best interests of its Community Members.
Misuse of substances:
1. Is used here to describe the possession, possession with intent to supply, use, trade, distribution, selling, offering for sale and purchase of substances such as alcohol, controlled drugs, and psychoactive substances, and the use of study drugs and other prescription drugs that have not been legally obtained or used in a manner or for a purpose other than as prescribed, that may adversely affects an Community Members health, work, study or social activity.
2. Applies to Community Members on Visibly premises or elsewhere on Visibly business or study activities.
Visibly:
1. In no way condones the misuse of substances and will balance disciplinary action with appropriate support for Community Members who misuse them.
2. Aims to facilitate the early identification of misuse and to encourage Community Members to seek advice, help and assistance voluntarily before their studies are adversely affected.
3. Is committed to supporting Community Members through educational, counselling and disciplinary approaches.
Visibly reserves the right to amend any provision of this procedure subsequent to appropriate consultation.
Alcohol
Visibly recognises that the majority of Community Members are adults and are therefore legally entitled to consume alcohol.
Alcohol use is permitted on Visibly premises with prior permission from a member of the Operations Team and subject to the Licensing Act 2003.
Visibly does not condone the excessive use of alcohol on its premises and Community Members who are found to be behaving inappropriately under the influence of alcohol may be subject to disciplinary action under the Community Code of Conduct.
Controlled drugs
It is an offence under the Misuse of Drugs Act 1971 for the occupier of premises or persons concerned in the management of premises to allow the supply, use or production of drugs to take place on those premises.
The term ‘controlled drugs’ covers a wide range of substances, but the best known are cannabis, cocaine, and heroin, together with the many derivatives or hybrids of these drugs.
Any person found on Visibly premises who is not a Community Member and who is found or suspected to be involved with illegal drugs will be subject to an immediate lifetime ban from Visibly.
Any Community Member who invites someone on to Visibly premises who is found or involved with controlled drugs may also be subject to disciplinary action under the Code of Conduct.
Psychoactive Substances
The Psychoactive Substances Act 2016 made ‘legal highs’, which mimic the effects of traditional drugs that are controlled under the Misuse of Drugs Act 1971, illegal. Information on psychoactive substances can be found here.
Visibly does not condone the use of any psychoactive substances on its premises including laughing gas (NOS).
Study drugs
Visibly does not condone the use of study drugs. A study drug in this context refers to the use of substances or non-prescribed prescription medications that are used for cognitive enhancement and endurance. These may take the form of stimulants used to treat conditions such as narcolepsy or Attention Deficit Hyperactivity Disorder (ADHD).
Duty of care
If a Community Member or member of staff is concerned about another Community Member's welfare they should encourage them to seek advice from the Safeguarding Team or their Coach. If this proves difficult, the person with that concerning information should seek advice themselves, in confidence, from the Safeguarding Team. If Visibly feels it is necessary to intercept and involve either other members of staff or external professionals, the individual providing the information will remain anonymous.
All concerns or disclosures should be raised as soon as possible with the Safeguarding Team, in a confidential and professional manner. Those raising a concern or disclosure should provide evidence to illustrate their concern or disclosure. The evidence may include reports about situations which have arisen, or which show a decline in the Community Members health and wellbeing, or there is a belief that the Community Member is at risk of harm to themselves or others.
Community Members who contravene legislation may be subject to disciplinary action. Visibly may report incidents to the Police, which may result in criminal proceedings. Disciplinary action may also have implications for an Community Members future at Visibly, on future employment, and professional registration where applicable.
Monitoring, review and evaluation
You are encouraged to raise concerns about any issue or suspicion of bribery or corruption at the earliest possible stage.
If you are offered a bribe, or are asked to make one, or if you believe or suspect that any bribery, corruption or other breach of this policy has occurred or may occur, you must notify your line manager or the Legal Team.
If you are unsure about whether a particular act constitutes bribery or corruption, raise it with your line manager or the Legal Team.
Training and communication
The Community Support team shall report to Senior Leadership Team statistical information relating to Community Member misuse of substance cases on an annual basis. It shall be the responsibility of the Senior Leadership Team to monitor the data and make recommendations as appropriate.
