Question to the Department for Education:

To ask the Secretary of State for Education, pursuant to the Answer of 5 January 2015 to Question 219299, what steps her Department takes when young people living in residential care with substance abuse issues refuse intervention.

Every looked after child must have a care plan, which takes account of their needs, including any health needs. Problems with substance misuse would be considered as part of this. The Department for Education would expect homes to support young people in dealing with substance misuse and draw in specialist health and substance misuse support to advise and offer treatment where needed.

Young people may refuse the support offered or may not wish to co-operate with a particular treatment or intervention. In these circumstances care staff and relevant health professionals will need to consider whether alternative forms of support or a more specialist placement would be appropriate in meeting the child’s needs.

Care staff will still need to work with the consent of the child or young person. Good quality relationships and trust established early between care staff and young people will support this.

However, in circumstances where refusal of treatment poses a significant risk of permanent injury or death, ultimately a court could overrule the young person’s decision.

Current statutory guidance for children’s homes is clear that:

“When a child or young person needs additional assistance to promote their health, the children’s homes staff should work with the child’s social worker so that they have proper and immediate access to any other specialist support required.” - (Children Act 1989 Guidance and Regulations Vol 5: Children’s homes para 2.49).