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Registration Number: {{org_field_registration_no}}

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Conducting Searches of Residents’ Rooms in Care Homes Policy

1. Purpose

This policy outlines the procedures for conducting searches of residents’ rooms in care homes while ensuring that the dignity, rights, and personal autonomy of the people we support are maintained. The policy complies with Regulation 10 (Dignity and Respect), Regulation 9 (Person-Centred Care), and Regulation 13 (Safeguarding Service Users from Abuse and Improper Treatment) under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014​​​.

The objective of this policy is to:

• Ensure the safety of all residents, staff, and visitors while upholding residents’ privacy.
• Maintain a person-centred approach in any search process, ensuring it is only carried out when absolutely necessary.
• Comply with safeguarding principles while adhering to the Mental Capacity Act 2005 and Human Rights Act 1998.
• Outline a fair and transparent procedure for conducting searches, ensuring legal compliance.

2. Scope

This policy applies to:

• All residents living at {{org_field_name}}.
• All staff members, including carers, managers, and ancillary staff.
• Visitors, external professionals, and safeguarding teams who may be involved in exceptional cases.

It is important to note that residents have the right to privacy, and searches should only be carried out in exceptional circumstances where there is reasonable justification such as concerns for safety, risk of harm, or suspicion of illegal or dangerous substances.

3. Legal and Regulatory Framework

The policy is guided by the following regulations and legislation:

• Regulation 10 – Dignity and Respect (Ensuring privacy, independence, and respect at all times)​.
• Regulation 9 – Person-Centred Care (Ensuring all actions are necessary, proportionate, and in the best interests of the resident)​.
• Regulation 13 – Safeguarding (Protecting residents from harm, including self-harm, substance abuse, and exploitation)​.
• Mental Capacity Act 2005 (Ensuring decisions about searches consider the resident’s capacity and best interests).
• Equality Act 2010 (Ensuring non-discrimination when conducting searches).
• Care Act 2014 (Protecting individual well-being and autonomy)​.

4. Principles of Conducting Searches

All searches must be:

1. Legal and Justifiable – Searches can only be conducted if there is a clear risk to safety, such as possession of prohibited or dangerous items.
2. Respectful of Dignity and Privacy – Searches must be carried out discreetly and with sensitivity, ensuring the resident is treated with respect​.
3. Least Intrusive Approach – Staff should seek verbal consent before conducting a search. Coercion is strictly prohibited.
4. Proportionate and Necessary – Searches should only be done if there are no other reasonable alternatives to ensure safety.
5. Conducted with Proper Authorisation – Searches must be approved by a senior staff member, such as the Registered Manager or Deputy Manager.

5. Procedure for Conducting Searches

5.1 Pre-Search Considerations

• Risk Assessment: Determine whether a search is necessary by considering the level of risk involved.
• Consent: Always seek the resident’s consent before searching their room. Explain the reasons clearly and reassure them that their rights are respected.
• Mental Capacity Consideration: If the resident lacks capacity, a best interest decision must be made in line with the Mental Capacity Act 2005. A multi-disciplinary meeting may be required.

5.2 Conducting the Search

• Two staff members must be present during the search to ensure accountability.
• Residents should be encouraged to be present during the search whenever possible.
• Explain every step of the process to the resident before and during the search.
• Avoid unnecessary disruption to personal belongings and treat items with care.

5.3 Documenting the Search

• Record the date, time, reason, and outcome of the search in the resident’s care record.
• Note whether consent was obtained and, if not, the justification for proceeding.
• If any prohibited or dangerous items are found, document the actions taken.
• Inform safeguarding authorities where required.

5.4 Handling Prohibited or Dangerous Items

If an item posing a risk to health or safety is found:

• If illegal (e.g., drugs, weapons): Contact the police immediately.
• If dangerous (e.g., sharp objects, hazardous substances): Store securely and consult the resident, their family, and safeguarding leads on the next steps.
• If non-threatening but against care home policy: Discuss the findings with the resident and offer support to remove the item voluntarily.

6. Training and Staff Responsibilities

• All staff involved in searches must be trained on safeguarding, mental capacity, and privacy rights.
• The Registered Manager or Deputy Manager must oversee and approve any search requests.
• Staff should be aware of de-escalation techniques to avoid confrontation.

7. Safeguarding Considerations

• If the resident lacks capacity, a best interest decision must be made before proceeding.
• If there are concerns about coercion, abuse, or self-harm, contact the Local Authority Adult Safeguarding Team at {{org_field_local_authority_authority_name}}.
• If a resident or staff member raises a complaint about a search, refer to the Complaints Policy (CH14)​.

8. Related Policies

This policy should be read in conjunction with:

• CH07 – Person-Centred Care Policy
• CH08 – Dignity and Respect Policy
• CH13 – Safeguarding Adults from Abuse Policy
• CH14 – Receiving and Acting on Complaints Policy
• CH16 – Health and Safety at Work Policy
• CH18 – Risk Management and Assessment Policy

9. Policy Review

This policy will be reviewed annually or sooner if there are changes in legislation, regulatory updates, or business needs. All amendments will be approved by the Registered Manager and shared with staff for training purposes.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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