Rhyddings Business and Enterprise School (for students) July 2016 July 2018
(Students) This policy should be read in conjunction with Lancashire s Smoke Free Policy which delineates the responsibilities of staff, visitors to school and those providing services to school such as bus companies in relation to compliance with anti-smoking legislation. The focus of this policy is to clarify the position in relation to students at. This is not dealt with in any detail in Lancashire s Smoke Free Policy Here at Rhyddings we provide a supportive, positive environment where students are challenged to achieve their potential both in terms of their academic and personal achievement. Student health and wellbeing therefore have to be at the heart of what we promote in school. We are not only legally obliged to ensure that students do not smoke on or around school premises and in other related circumstances described in more detail later, but we are also morally obliged to ensure that students are aware of the dangers of smoking, the long-term effects it can have on health and the consequences should they be found smoking in school. In relation to electronic cigarettes there is little research available at the moment and they are not legislated against within the Health Act 2006, however they are to be regarded in this policy as equivalent to tobacco-based products. Background Legislation The Health Act 2006 was established to make provision for the prohibition of smoking in premises, places and vehicles; for amending the minimum age of persons to whom tobacco may be sold and to make provision in relation to the prevention and control of health care associated infections. It defines smoking as follows: o Smoking refers to smoking tobacco or anything which contains tobacco or smoking any other substance. o Smoking includes being in possession of lit tobacco or of anything lit which contain tobacco or being in possession of any other lit substance in a form in which it could be smoked. o Premises are smoke free if they are opened to the public. o Premises are smoke free if they are used as a place of work. Office of Public Sector Information July 2006 Page 1 of 4
Purpose of the The (Students) should make clear to all students attending Rhyddings: o The legal background to the policy underpinned by the need to protect health o The support they can expect to help them understand the risks associated with smoking o The sanctions which will be applied should any student fail to comply with the policy The policy should clarify the process by which the sanctions should operate and the relative responsibilities of staff. Responsibilities of the school o Through Citizenship days and PSHE the school has a responsibility to educate students about the harmful effects of smoking. o The school must work in close partnership with parents to ensure that they are informed if their son or daughter fails to comply with the policy and encouraged to help ensure this does not happen again. o Sanctions associated with failure to comply with the policy should be clearly understood by students and parents o Where possible supportive interventions such as access to smoking cessation should also be offered to students who are struggling to comply with the policy Protocol for non-compliance Staff who see or suspect students to be smoking in school should immediately challenge the behaviour seeking support from other staff on duty if necessary. They should attempt to identify the individual or individuals concerned and report them to their year leader and completing a referral. Each year leader will maintain a smoking chart for their year group to keep an accurate record of students caught smoking. Instances of smoking will also be recorded on SIMS. Students will be punished for smoking if: Page 2 of 4
o They are seen smoking o They are seen with a lit cigarette in their possession o They are found to have cigarettes and/or other smoking materials including electronic cigarettes in their possession o They are found in the company of someone who is smoking Students will be punished for smoking: o On school premises o On any school visit or placement o On any school bus or service bus o If seen smoking while wearing Rhyddings uniform while coming to or leaving school Sanctions Students involved in smoking first time o Student placed on smoking register o Year leader contacts parent/carer by phone o After school detention 30 minutes Students smoking second time o Non-compliance recorded on smoking register o Further phone call home to parent/carer o Detention set by year leader 60 minutes o Student referred to school nurse Students smoking third time Page 3 of 4
o Non-compliance recorded on smoking register o Parental meeting with year leader and SLT/LPP o Warning regarding Local Authority guidance on Statutory Fixed Penalty Notices and parenting contracts (see below) o Breaks and lunches in isolation in Key Stage base for 1 week o Any further offence will result in the implementation of a support plan in conjunction with year leaders and the school nurse. Further information Statutory fixed penalty notices are enforced by Environmental Health The penalties and fines for the offences relating to smoking in a smoke-free environment are set out in the Health Act 2006 and are as follows o Smoking in a smoke-free premises or vehicle: a fixed penalty notice of 50 (discounted to 30 if paid within 15 days from the issue of a notice) or a fine by a court not exceeding level 1 on the standard scale (up to 200). These fines may be subject to change Parenting Contracts The Education and Inspections Act 2006 amends Section 19 of the Anti-social Behaviour Act 2003 giving schools and Local Authorities power to enter into voluntary parenting contracts in cases of anti-social behaviour in relation to smoking on school premises. A parenting contract is a written voluntary agreement between the school, governing body and the parent. The parent agrees to comply with certain requirements and the school agrees to provide or help the parent to access the support they need in relation to ensuring their child complies with the policy. Notification to the parent/carer regarding further sanctions The parent/carer will be notified in writing by the school or LA at the onset of any action that might be taken against them. Page 4 of 4