Friday, 25 May 2012

Recent court ruling how does it affect staff homeless hostel

Posted in: Need to Know | Ask the Experts

urgent

16/11/2011 7:52 pm

jim quigley

jim quigley

Posts: 1

Hi  I work in a homeless hostel for men from 18 upwards run by a Housing Association in Northern Ireland.  Each man has a tenancy agreement and has his own bedroom.  The hostel is primary care, no treatment and has emphasis on alcohol, drug problems, however we are a dry hostel.  

I would like to know what the recent court ruling about homeless mens rooms being their castle which was reported on your site http://www.insidehousing.co.uk/ihstory.aspx?storycode=6506969.

Our management committee are saying that because of this ruling that staff are not allowed to search resident's bedrooms because they say it might be illegal.  We have not been given clear written policies as to what we can or can't do.  Instead we have received word of mouth from a line manager.  The staff feel that if this is the case it will be very difficult to stop drinking or using drugs on the premises and will in fact turn the hostel into a 'wet' house where residents can drink or use drugs in their rooms.  We had a survey of residents who agreed that they would prefer a 'dry' hostel.

Hoping that you can enlighten me.

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Anonymous

Anonymous

16/11/2011 8:33 pm

It's that recent a ruling - the news was reported over two years ago.

Personally having worked in a number of hostels, wet and dry, I never saw the value of or liked doing room searches anyway - where room searches did take place, people just hid things elsewhere in the building - it's staff intensive as you need two members of staff there and also there are always potential H&S risks - sharps, etc.  

Plus it does not help cultivate a supportive environment where there is some degree of respect and dignity.  I have worked in dry hostels where room searches were not part of the management - if as you say residents say that they would prefer a dry hostel, then there is also an onus upon them to help maintain the rules that they have helped set - that is part of developing rights and responsibilities.

Kevin Flemen offers some advice on this on his website and there is a sample drugs policy there which providers are welcome to use - which also covers the point of room searches - he advises against them.  The sample policy has been updated in 2011

http://www.drugsandhousing.co.uk/resources.htm

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Nigel Rogers

Nigel Rogers

Posts: 16

14/12/2011 12:10 pm

if you are a dry house then I presume the tenancy or licence to occupy makes this clear and makes non consumption of alcohol a condition of residence. (Though if you offer 'no treatment' I'd advise checking whether this is actually legal - any restriction on an individuals's right to consume alcohol in their own home should be necessary, legitimate and proprtionate to avoid falling foul of the Human Rights Act.)

Like the author of the previous answer I  doubt you necesssarily need the right to seach rooms, but you certainly do need a policy and Kevin Flemen's model one is pretty comprehensive.

http://www.drugsandhousing.co.uk/htdp2011.pdf

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Blair Mcpherson

Blair Mcpherson

Posts: 54

21/12/2011 11:18 am

The part of this question that drew my attention was the statement that the management committee had not provided a written statement of policy and guidance for staff. This is unacceptable because it leaves staff feeling vulnerable. Will they get into trouble if they search some ones room for alcohol and drugs or will they get into trouble for ignoring alcohol and drugs on the premises?

Saying the manager said it would be OK is not a robust defence especially if the manager then turns round and says you misunderstood what I said. The management committee need to produce a written policy statement and guidance. If they are not clear what this should be then they need to take legal advice.

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