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Conducting Searches of Residents’ Rooms in Care Homes Policy

1. Purpose

This policy sets out the circumstances in which a search of a resident’s room, personal storage space or belongings may be considered and the safeguards that must be followed. A resident’s room is their private living space and must be treated as such. A search must never be undertaken routinely, for staff convenience, as a blanket measure, as a form of punishment, or simply because the person lives in a care home.

Any search must have a lawful and clearly recorded basis and must respect the resident’s dignity, privacy, autonomy, rights, preferences and possessions. Searches must be necessary and proportionate to the identified risk and must use the least restrictive approach reasonably available.

This policy supports compliance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including:

• Regulation 9 – Person-centred care;
• Regulation 10 – Dignity and respect;
• Regulation 11 – Need for consent;
• Regulation 12 – Safe care and treatment;
• Regulation 13 – Safeguarding service users from abuse and improper treatment; and
• Regulation 17 – Good governance.

The policy must also be applied in accordance with the Mental Capacity Act 2005, the Care Act 2014, the Equality Act 2010 and, where applicable, the Human Rights Act 1998, including respect for private and family life, home and correspondence under Article 8 of the European Convention on Human Rights.

The objectives of this policy are to:

• protect residents, staff and visitors from identified and significant risks while respecting each resident’s right to privacy;
• ensure that searches take place only where there is a legitimate reason and where less intrusive alternatives have been considered;
• obtain the resident’s valid consent wherever they have capacity to make the relevant decision;
• ensure that where a resident lacks capacity to make the specific decision, any action taken complies with the Mental Capacity Act 2005, including its best-interests and least-restrictive requirements;
• prevent discriminatory, punitive, arbitrary, routine or disproportionate searches;
• ensure that any search and the decision leading to it are appropriately authorised, conducted and recorded; and
• ensure that safeguarding, police or other external agencies are contacted where the circumstances require this.

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

This policy must be implemented in accordance with the following legislation and regulatory requirements.

• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 – Regulation 9: Person-centred care. Care and treatment must be appropriate, meet the resident’s needs and reflect their preferences. Where a proposed search relates to the person’s care or treatment, decisions must take account of the individual circumstances, wishes, needs and preferences of the resident.
• Regulation 10: Dignity and respect. Residents must be treated with dignity and respect and their privacy, autonomy and independence must be protected. A resident’s room, cupboards, drawers, personal containers and belongings must therefore be treated as private. The fact that the accommodation is located within a care home does not remove the resident’s expectation of privacy.
• Regulation 11: Need for consent. Where consent is required, valid consent must be obtained before the relevant action is taken. Where a resident aged 16 or over lacks capacity to give the relevant consent, staff must act in accordance with the Mental Capacity Act 2005. Staff must not treat a general consent to care as consent to search the resident’s room or belongings.
• Regulation 12: Safe care and treatment. Risks to residents’ health and safety must be assessed and reasonably practicable action taken to mitigate those risks. Risk management must balance safety with the resident’s rights, preferences and independence. A perceived risk does not, by itself, justify an intrusive search.
• Regulation 13: Safeguarding service users from abuse and improper treatment. Residents must be protected from abuse, degrading treatment and unnecessary or disproportionate control or restraint. Staff must not use threats, intimidation, coercion or unjustified force to obtain agreement to or facilitate a room search.
• Regulation 17: Good governance. The provider must maintain effective systems for assessing, monitoring and mitigating risks and must maintain accurate, complete and contemporaneous records relating to each resident and the management of the regulated activity. Decisions to search, the legal basis, risk assessment, consent or Mental Capacity Act decision-making, findings and subsequent actions must therefore be properly recorded.
• Mental Capacity Act 2005. A resident must be presumed to have capacity unless it is established otherwise. Capacity is decision-specific and time-specific. A resident must not be treated as unable to make a decision merely because they make a decision that staff consider unwise. All practicable steps must be taken to support the resident to make the decision before concluding that they lack capacity. Where a resident lacks capacity to make the particular decision, any decision made or action taken on their behalf must be in their best interests and must represent the least restrictive reasonably available option.
• Care Act 2014. The service must promote individual well-being, including personal dignity, physical and mental health, protection from abuse and neglect, control over day-to-day life and suitability of living accommodation. Safeguarding duties must be followed where there is reasonable cause to suspect abuse or neglect and the statutory criteria are met.
• Equality Act 2010. Decisions about searches must not discriminate against a resident because of a protected characteristic. Search decisions must be based on individual evidence and risk and must not be made because of assumptions associated with disability, race, religion or belief, sex, sexual orientation, age or any other protected characteristic.
• Human Rights Act 1998. Where applicable, Article 8 rights relating to private and family life, home and correspondence must be respected. Any interference with those rights must have a lawful basis and be necessary and proportionate.

4. Principles of Conducting Searches

All decisions concerning searches must comply with the following principles.

1. Lawful basis

Staff do not have a general power to search a resident’s room or belongings simply because the resident lives in the care home. A search must have a clearly identified lawful basis. This will normally be the resident’s valid consent or, where the resident lacks capacity to make the specific decision and the proposed action falls within the Mental Capacity Act framework, a properly made and recorded best-interests decision. Where another specific legal authority applies, this must be identified and recorded.

2. Individual necessity and proportionality

There must be an identified and evidence-based reason for considering a search. Searches must not be routine, random, punitive or undertaken solely for convenience. The seriousness and likelihood of the identified risk must be balanced against the intrusion into the resident’s privacy and autonomy.

3. Least restrictive option

Before a search is undertaken, staff must consider whether the concern can reasonably be managed in a less intrusive way. This may include discussing the concern with the resident, asking the resident to locate or surrender an item, reviewing the resident’s risk assessment or seeking appropriate professional, safeguarding or police advice.

4. Consent

Where the resident has capacity to decide whether to permit the proposed search, staff must explain:

4. why the search is being requested;
5. what areas or belongings staff propose to search;
6. what staff are concerned may be found;
7. what may happen if an item presenting a risk is found; and
8. the resident’s right to agree or refuse.

Consent must be freely given. Threats, intimidation, pressure or coercion must not be used.

5. Refusal by a resident who has capacity

Where a resident has capacity to decide and refuses permission, staff must not ordinarily proceed with the search merely because they disagree with that decision. The refusal must be respected and recorded, the risk must be reviewed and advice or assistance obtained from the Registered Manager, safeguarding services, police or other appropriate professionals where required.

In a genuine emergency involving an immediate and serious risk of harm, staff must take only such action as is lawful, necessary and proportionate to manage the immediate danger and must obtain emergency assistance where appropriate.

6. Mental capacity

A diagnosis of dementia, learning disability, mental illness, cognitive impairment or any other condition must never automatically be treated as evidence that the resident lacks capacity.

Where there is reason to doubt capacity, a capacity assessment must relate specifically to the decision about the proposed search at the time that decision is required.

7. Best interests

Where the resident lacks capacity to make the specific decision, staff must follow the Mental Capacity Act 2005 best-interests process. This includes considering the resident’s past and present wishes and feelings, beliefs and values, the views of relevant people where appropriate, whether the decision can be delayed until capacity may improve, and whether the purpose can be achieved in a less restrictive way.

8. Dignity and privacy

Any search must be carried out discreetly, respectfully and only to the extent necessary. Personal possessions must be handled carefully and the resident’s privacy preserved throughout.

9. No discriminatory searches

A resident must not be selected for a search because of assumptions, stereotypes or prejudices connected to a protected characteristic.

10. Authorisation

Except where immediate action is necessary to respond to an emergency, a proposed search must be authorised by the Registered Manager, Deputy Manager or other person formally designated by the provider to perform this responsibility.

5. Procedure for Conducting Searches

5.1 Pre-Search Considerations

Before authorising or conducting a search, the senior member of staff responsible must ensure that the following steps have been completed and recorded.

• Identify the concern. Record the specific information, incident, observation or risk that has led staff to consider a search. Vague suspicion or assumptions are not sufficient.
• Complete or review the risk assessment. Consider the nature, seriousness and likelihood of the risk; who may be harmed; the urgency of the situation; and the possible consequences of taking or not taking action.
• Consider less restrictive alternatives. Staff must first consider whether the concern can reasonably be managed without searching the resident’s room or belongings. Wherever practicable, the resident should be asked whether they can locate, show or voluntarily surrender the item of concern.
• Seek consent. Where the resident has capacity, explain the proposed search in a way that the resident can understand and seek their freely given consent before proceeding. Reasonable communication support or adjustments must be provided where necessary.
• Assess capacity where there is reason to doubt it. Capacity must be assessed in relation to the particular decision about the proposed search. The assessment must consider whether the resident can understand, retain, use or weigh the relevant information and communicate their decision after all practicable support has been provided.
• Make a best-interests decision where required. If the resident lacks capacity to make the specific decision, a properly recorded best-interests decision must be completed before a non-emergency search is undertaken. The decision must consider the resident’s wishes, feelings, beliefs and values, relevant views from others and whether a less restrictive alternative is available.
• Check legal representatives where relevant. Where the resident has an attorney appointed under a Lasting Power of Attorney or a Court of Protection deputy, staff must establish whether the relevant decision falls within that person’s legal authority. Family members, next of kin or friends do not automatically have legal authority to consent to a search on behalf of an adult.
• Consider advocacy. Where required by the Mental Capacity Act 2005 or Care Act 2014, or where it would otherwise be appropriate to support the resident’s involvement, access to an advocate must be considered.
• Obtain authorisation. The proposed search and its scope must be authorised by the Registered Manager, Deputy Manager or formally delegated senior person, unless immediate action is required to address an emergency.
• Define the scope. The authorisation must identify what area or belongings may be searched. Staff must not extend the search beyond what is reasonably necessary to address the identified concern.

5.2 Conducting the Search

Where a search has been lawfully authorised:

• two members of staff should normally be present to support accountability and provide an accurate record of what occurred;
• the resident must be treated with dignity and respect throughout;
• where appropriate and consistent with the resident’s wishes and safety, the resident should be offered the opportunity to be present;
• staff must explain what they are doing and why, in a manner appropriate to the resident’s communication needs;
• only the areas or belongings covered by the agreed and authorised scope of the search may be examined;
• staff must use the least intrusive method reasonably available;
• personal belongings must be handled carefully and unnecessary disruption avoided;
• closed drawers, cupboards, bags, containers, correspondence or other particularly private possessions must not be examined unless this falls within the lawful, necessary and proportionate scope of the search;
• staff must not read personal correspondence, diaries or private documents merely because they encounter them during a search unless there is a separate lawful and compelling reason to do so;
• items unrelated to the purpose of the search must be left undisturbed;
• after the search, the room and belongings must, so far as reasonably practicable, be returned to their previous condition; and
• the resident must be informed of the outcome in a way they can understand unless there is a lawful and clearly recorded reason why particular information cannot be provided at that time.

This policy authorises procedures relating to residents’ rooms and belongings only. It does not give staff authority to conduct a physical search of a resident’s person. Any proposed physical intervention or search of a person requires a separate lawful basis, appropriate policy and risk assessment and must comply with the Mental Capacity Act 2005, safeguarding requirements and restrictions on the use of restraint.

If a resident who has capacity withdraws consent during a consensual search, staff must stop unless continuing is otherwise immediately necessary and lawful to prevent a serious and imminent risk of harm.

Force, threats, intimidation or coercion must not be used simply to enable a search.

5.3 Documenting the Search

A complete and contemporaneous record must be made following every authorised search and must be retained in accordance with the organisation’s record-keeping arrangements.

The record must include:

• the date and time of the decision to search;
• the date, start time and finish time of the search;
• the specific reason for considering the search;
• the identified risk and relevant risk assessment;
• less restrictive alternatives considered or attempted;
• the name and role of the person authorising the search;
• the precise area or belongings authorised for search;
• whether the resident had capacity to make the relevant decision;
• where capacity was in doubt, details of the capacity assessment and its outcome;
• whether consent was requested and whether it was given, refused or withdrawn;
• where the resident lacked capacity, details of the best-interests decision and why the search was considered necessary and the least restrictive available option;
• details of any attorney, deputy, advocate or other relevant person consulted and the basis on which they were involved;
• the names and roles of all staff present;
• whether the resident was present and, if not, the reason;
• a factual description of the search and any items found;
• the action taken in relation to any item found;
• the resident’s response and any concerns or objections expressed;
• any safeguarding referral, police contact, medical advice, incident report or other external notification made;
• any change required to the resident’s care plan or risk assessment; and
• any follow-up action required, including the person responsible and timescale.

Records must be factual, respectful and sufficiently detailed to demonstrate why the action was lawful, necessary and proportionate.

Any incident arising from a search must also be recorded and reported in accordance with the organisation’s incident reporting procedures and any applicable statutory notification requirements.

5.4 Handling Prohibited, Illegal or Dangerous Items

Where an item is found, staff must respond according to the nature and immediacy of the risk. The finding of an item does not remove the resident’s rights or automatically authorise staff to dispose of, destroy or permanently confiscate their property.

Immediate danger

Where an item presents an immediate and serious danger to the resident or another person:

• staff must prioritise immediate safety;
• emergency assistance must be requested where necessary;
• the police must be contacted where there is an immediate threat involving a weapon, suspected criminal activity requiring urgent police assistance or another situation requiring an emergency police response; and
• staff must avoid handling the item unnecessarily where doing so could place anybody at additional risk.

Suspected illegal drugs, weapons or other unlawfully possessed items

Where staff reasonably suspect that an item may be illegal:

• the Registered Manager or senior person on duty must be informed immediately;
• staff must assess whether police advice or attendance is required, taking account of the nature of the item, immediate risks, potential criminal activity and the need to preserve evidence;
• where there is an immediate danger or emergency, the police must be contacted without delay;
• staff must not destroy, dispose of or return an item where doing so may itself be unsafe or unlawful;
• the circumstances and all decisions taken must be fully documented; and
• safeguarding procedures must also be followed where the circumstances indicate abuse, exploitation, coercion, neglect or risk to the resident or others.

Lawfully owned items presenting a safety risk

Where an item is lawful to possess but creates an identified safety risk:

• staff must discuss the concern with the resident wherever practicable;
• the resident’s capacity in relation to any proposed restriction or removal must be considered where relevant;
• less restrictive methods of managing the risk must be considered;
• any temporary storage arrangement must be lawful, necessary, proportionate and documented;
• the resident’s agreement should be obtained where they have capacity; and
• where the resident lacks capacity, any action taken on their behalf must comply with the Mental Capacity Act 2005.

Relatives or other representatives must not be treated as having authority to approve removal or disposal of the resident’s property unless they have appropriate legal authority for the relevant decision.

Items contrary only to an internal rule

An internal care home rule does not, by itself, authorise confiscation or removal of a resident’s possessions. Staff must discuss the matter with the resident, explain any genuine safety concern and seek a proportionate solution consistent with the resident’s rights, tenancy or contractual arrangements, capacity and individual risk assessment.

6. Training and Staff Responsibilities

The provider must ensure that staff have the competence, knowledge and skills required for the responsibilities they undertake under this policy.

Staff who may be involved in decisions about or the conduct of searches must receive appropriate training and guidance covering:

• dignity, privacy and human rights;
• consent;
• the Mental Capacity Act 2005, including the statutory principles, decision-specific capacity assessments, best-interests decision-making and the least-restrictive principle;
• safeguarding adults;
• safe and proportionate risk assessment;
• equality, discrimination and reasonable adjustments;
• de-escalation and conflict reduction;
• appropriate incident and record keeping; and
• when and how to obtain management, safeguarding, police or other professional assistance.

In addition, the provider must comply with the statutory requirement to ensure that persons working for the purpose of the regulated activities receive training on learning disability and autism that is appropriate to their role. The provider must have regard to the current Oliver McGowan Code of Practice when determining how this requirement is met.

Training must be appropriate to the member of staff’s duties and must be supported by appropriate supervision and assessment of competence where required.

The Registered Manager is responsible for ensuring that:

• this policy is implemented consistently;
• staff do not undertake unauthorised, routine or discriminatory searches;
• staff understand that a resident’s room is a private living space;
• staff understand that next of kin or family status does not automatically confer legal decision-making authority;
• appropriate consent, Mental Capacity Act, risk assessment and safeguarding procedures are followed;
• records of searches are periodically reviewed to identify inappropriate practice, patterns, repeated searches or equality and safeguarding concerns; and
• any identified shortfall is addressed through supervision, training, investigation or other appropriate action.

Except in a genuine emergency, the Registered Manager, Deputy Manager or an appropriately delegated senior member of staff must approve a search before it takes place.

7. Safeguarding Considerations

A search must not be treated as an alternative to safeguarding procedures.

Where information leading to a proposed search gives rise to a reasonable concern that a resident may be experiencing or at risk of abuse, neglect, exploitation, coercion, criminal exploitation, financial abuse, self-neglect or other safeguarding harm, staff must follow the Safeguarding Adults from Abuse Policy and make a referral to the relevant Local Authority Adult Safeguarding Team where the statutory safeguarding criteria or local safeguarding procedures require this.

Where urgent protection is required, staff must contact the appropriate emergency service without delay.

Where the resident may lack capacity:

• capacity must be considered in relation to the specific decision required;
• staff must not rely solely on a diagnosis, previous capacity assessment or the opinion of relatives;
• all practicable steps must be taken to support the resident to make the decision;
• where the resident lacks capacity, any decision made on their behalf must comply with the Mental Capacity Act 2005;
• any restriction or restraint must be necessary, proportionate and lawful; and
• staff must consider whether any wider restrictions on the resident’s freedom amount to or contribute to a deprivation of liberty requiring lawful authorisation.

Family members and a person described as the resident’s “next of kin” do not automatically have authority to make decisions on behalf of the resident. Where an attorney or Court of Protection deputy is involved, staff must establish whether the particular decision falls within that person’s legal authority.

If concerns arise that staff have conducted an unauthorised, discriminatory, punitive, coercive or disproportionate search, this must be reported immediately to the Registered Manager and considered under the organisation’s safeguarding, disciplinary, whistleblowing and incident management procedures as applicable.

Where a resident, relative, representative or advocate wishes to complain about a search, they must be supported to use the organisation’s complaints procedure and referred to the Receiving and Acting on Complaints Policy (CH14). Raising a complaint must not result in adverse treatment of the resident.

8. Related Policies

This policy must be read alongside the following relevant organisational policies:

• 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;
• the organisation’s Mental Capacity Act 2005 and Deprivation of Liberty Safeguards Policy;
• the organisation’s Incident Reporting and Management Policy; and
• the organisation’s Record Keeping and Confidentiality/Data Protection Policy.

Where the organisation uses different policy numbers or titles for the Mental Capacity Act, Deprivation of Liberty Safeguards, incident reporting or record-keeping policies, the corresponding current policy references must be inserted here.

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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