This information request covers rehabilitation services and healthcare professionals employed under the Care Act.
1. What is your policy in relation to a person receiving domiciliary care, growing cannabis or magic mushrooms at home, for their personal use?
Devon County Council (DCC) has a duty under the Care Act to provide care and support assessments where they are required, and depending on the outcomes within an assessment may have a duty to meet someone’s care and support needs. The Assessment process is person centred and confidentiality is of utmost importance as DCC works within the relevant legal data protection frameworks.
However, providers who may be commissioned to provide such care by DCC may have their own policy around drug use and supply. In addition, professionals may have regulatory requirements to report certain illegal activities depending on the full facts of the situation.
2. What is the policy in relation to confidentiality and provision of service, in the above situation? For example, would services be withdrawn or would staff inform the authorities or would the authorities have access to their case file?
Professionals are under a duty to report any safeguarding concerns they may have to the Local Authority who will consider s42 enquiry. Safeguarding does include liaising with appropriate external authorities including the police.