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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Smoking Policy

1. Purpose

The purpose of this policy is to set out {{org_field_name}}’s arrangements for managing smoking safely and lawfully within the care home. The policy reflects the requirements of the Public Health (Wales) Act 2017, the Smoke-free Premises and Vehicles (Wales) Regulations 2020, the Regulation and Inspection of Social Care (Wales) Act 2016 and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

{{org_field_name}} recognises the rights, choices, dignity and autonomy of residents who smoke while also having a responsibility to protect residents, staff, visitors and others from avoidable harm associated with smoking, second-hand smoke and fire.

The service will manage smoking through proportionate individual risk assessment, personal planning, appropriate fire precautions, compliance with smoke-free legislation and clear arrangements regarding where smoking is permitted.

2. Scope

This policy applies to all residents, staff, visitors, agency workers, and contractors within {{org_field_name}}. It covers:

• Smoking regulations and compliance with legal requirements.
• Designated smoking areas for residents and visitors.
• Protection of non-smokers from exposure to second-hand smoke.
• Support for residents and staff who wish to stop smoking.
• Use of electronic cigarettes (vaping) within the care home.

3. Smoking Regulations and Legal Compliance

Smoking at {{org_field_name}} will be managed in accordance with the Public Health (Wales) Act 2017 and the Smoke-free Premises and Vehicles (Wales) Regulations 2020.

Enclosed and substantially enclosed areas of the care home that are required to be smoke-free will remain smoke-free. {{org_field_name}} has adopted a policy that smoking is not permitted inside the care home, including residents’ bedrooms, communal lounges, dining areas, corridors, offices and staff facilities. Residents who smoke will therefore be supported to use the designated outdoor smoking arrangements described in this policy.

Welsh legislation permits the person in charge of an adult care home to designate an indoor smoking room for use only by residents aged 18 or over where all statutory conditions are met. {{org_field_name}} does not operate such a designated indoor smoking room unless this is expressly authorised by the service provider and the required legal conditions are met.

Where an indoor smoking room is ever designated, the service must ensure that:

• it is designated by the person in charge for use only by residents aged 18 or over;
• staff, visitors, contractors and children are not permitted to use the room for smoking;
• a record of every room designated for smoking is maintained;
• the room has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid floor-to-ceiling walls;
• the room does not have a ventilation system that ventilates into a smoke-free part of the premises;
• any door opening into a smoke-free area closes mechanically immediately after use; and
• the room is clearly marked as a room in which smoking is permitted.

Smoking may take place within the grounds of an adult care home where the manager permits this. At {{org_field_name}}, smoking in the grounds is restricted to the designated outdoor smoking area in accordance with this policy and the home’s fire risk assessment.

Appropriate and compliant no-smoking signs will be displayed at the care home as required by Welsh smoke-free legislation. The person responsible for the management of the premises will take reasonable steps to prevent smoking in areas that are required by law to be smoke-free.

Any breach of the smoke-free requirements will be addressed promptly and proportionately in accordance with this policy, while respecting residents’ rights, dignity, autonomy and individual assessed needs.

4. Managing Smoking at the Care Home

4.1 Resident Smoking and Designated Smoking Areas

Residents who choose to smoke will be supported to exercise that choice as safely as reasonably practicable and in accordance with the law, this policy, the home’s fire risk assessment and their individual assessed needs.

Smoking by a resident must be considered as part of the resident’s assessment where it presents, or may present, a risk to the resident or other people. An individual smoking risk assessment must be completed where appropriate and must consider relevant factors including:

• the resident’s physical and cognitive abilities;
• their ability to smoke independently and safely;
• mobility and evacuation needs;
• any history of unsafe smoking practices or smoking-related incidents;
• medication, emollients, dressings or other treatments that may increase fire risk;
• the use, storage or presence of oxygen or other medical gases;
• clothing, bedding or equipment that may increase the risk of ignition;
• the resident’s ability to understand and follow fire-safety precautions;
• risks to other residents, staff and visitors; and
• any assistance that the resident may require in order to smoke.

Identified risks and the measures required to reduce those risks must be reflected in the resident’s personal plan and made known to staff responsible for providing their care and support. The risk assessment and personal plan must be reviewed whenever the resident’s needs or circumstances change and as part of the service’s normal review arrangements.

The designated outdoor smoking area will:

• be located and managed in accordance with the home’s fire risk assessment;
• be maintained in a condition suitable for its intended use;
• provide appropriate arrangements for residents who require reasonable assistance with access;
• contain suitable non-combustible receptacles for the safe disposal of smoking materials; and
• be positioned and managed so as to minimise, so far as reasonably practicable, exposure of other people to second-hand smoke and the risk of fire.

Residents must not smoke near fire exits, oxygen or medical gas equipment, combustible materials, or in any other location identified as unsafe through the fire risk assessment or the resident’s individual risk assessment.

Staff must not routinely light or hold cigarettes or other smoking materials for residents. Where a resident is unable to smoke independently and staff assistance is considered necessary, this must not occur on an informal basis. The need for assistance must be individually assessed, justified, agreed by the manager and recorded in the resident’s risk assessment and personal plan. Appropriate alternatives and measures to eliminate or reduce the risk must be considered, and advice from the relevant fire and/or healthcare professionals must be sought where necessary.

4.2 Support for Residents Wishing to Stop Smoking

{{org_field_name}} encourages residents who wish to quit smoking and provides access to:

• NHS Stop Smoking Services and local smoking cessation programmes.
• Nicotine replacement therapy (NRT), such as patches or gum, under GP guidance.
• Counselling and behavioural support for smoking cessation, available through external providers.
• Regular discussions in resident care plans to ensure individuals receive appropriate support tailored to their needs.

Residents will not be pressured to stop smoking but will be provided with informed choices and professional support if they wish to quit.

4.3 Staff Smoking Policy

To promote a healthy environment, staff smoking is strictly regulated:

• Staff are not permitted to smoke anywhere inside the care home.
• Smoking breaks must be taken outside of resident supervision times and only in designated smoking areas.
• Staff must wash their hands and change clothing if necessary after smoking to minimise exposure of smoke residue to residents.
• Staff who wish to quit smoking will have access to smoking cessation support as part of {{org_field_name}}’s staff well-being programme.

4.4 Visitors and Contractors

Visitors, relatives, contractors and other persons attending {{org_field_name}} must comply with the smoke-free requirements of the premises and with this policy.

Visitors and contractors:

• must not smoke inside the care home;
• may smoke within the grounds only where permitted by {{org_field_name}} and only within any area designated for that purpose;
• must comply with instructions relating to fire safety, oxygen safety and the safe disposal of smoking materials; and
• must not smoke in circumstances that expose residents, staff or other persons to an identified avoidable risk.

A competent adult resident will not be prevented from receiving or possessing lawful tobacco products solely because the care team has not agreed to this. However, where the provision, possession or use of smoking materials creates an identified risk to the resident or others, staff must follow the resident’s individual risk assessment and personal plan and take proportionate action to manage that risk.

Where a resident lacks capacity in relation to a relevant decision, any decision or restriction must be made in accordance with the Mental Capacity Act 2005, the person’s best interests and any applicable lawful authority.

Visitors who do not comply with the legal smoke-free requirements or reasonable fire-safety arrangements will be informed of the requirements and asked to comply. Repeated or serious non-compliance will be managed proportionately, taking account of the safety and well-being of residents and others.

4.5 Use of Electronic Cigarettes (Vaping)

The use of electronic cigarettes (vaping) is permitted under the following conditions:

• Vaping is only allowed in designated outdoor areas, not inside the care home.
• Residents who vape must store their devices safely and avoid charging them overnight or unattended.
• Staff are not permitted to use electronic cigarettes inside the premises or while on duty.

4.6 Smoking and Fire Safety Precautions

Smoking presents a fire risk, and {{org_field_name}} has strict protocols in place to mitigate potential hazards:

• Residents who smoke will undergo a risk assessment to determine any safety concerns.
• Fire-resistant ashtrays are provided in designated smoking areas.
• Smoking near oxygen equipment is strictly prohibited, and staff must ensure that residents on oxygen therapy do not smoke or come into contact with open flames.
• Regular fire safety drills and staff training include guidance on handling smoking-related fire risks.
• All residents, staff, and visitors are reminded about fire safety precautions relating to smoking.

4.7 Managing Non-Compliance

Any failure to comply with this policy will be managed promptly, proportionately and in a manner appropriate to the person concerned.

Where a resident does not follow agreed smoking arrangements, staff must not use warnings, punishment or withdrawal of access to smoking as a disciplinary measure. Staff will instead:

• discuss the concern with the resident in a manner appropriate to their communication needs and level of understanding;
• take immediate action where necessary to protect the resident or others from an imminent risk of harm;
• review the resident’s smoking risk assessment and personal plan;
• consider whether the resident’s needs, abilities, cognition, health or circumstances have changed;
• involve the resident and, where appropriate and lawful, their representative in identifying safer arrangements;
• seek relevant professional advice where necessary; and
• record significant incidents, identified risks, decisions and actions taken.

Any restriction placed upon a resident must be individually assessed, necessary, proportionate to the identified risk and the least restrictive option available. Restrictions must not be imposed for staff convenience or as a punishment. Where a proposed restriction may amount to control, restraint or deprivation of liberty, staff must follow the service’s relevant policies and the applicable legal requirements, including the Mental Capacity Act 2005 where relevant.

Where a member of staff fails to comply with this policy, the matter will be addressed through appropriate management, supervision and, where necessary, the service’s disciplinary procedures.

Where a visitor or contractor fails to comply with the smoke-free requirements, they will be reminded of the requirements and instructed to stop smoking or move to an area where smoking is permitted. Further action may be taken where repeated or serious non-compliance creates a risk to residents or others.

A safeguarding referral will be made where the circumstances indicate that a resident may be experiencing or be at risk of abuse, neglect or improper treatment. Smoking or smoking-related risk alone will not automatically be treated as a safeguarding matter.

5. Promoting a Healthy Environment

{{org_field_name}} is committed to:

• Encouraging smoke-free lifestyles through awareness and education.
• Reducing the risk of second-hand smoke exposure for non-smokers.
• Supporting residents and staff who wish to quit smoking.
• Ensuring that all smoking-related activities comply with legal and safety requirements.

6. Related Policies

This policy should be read in conjunction with:

• Health and Safety at Work Policy (CHW16) – for staff responsibilities in maintaining a safe environment.
• Fire Safety and Evacuation Procedures (CHW20) – for fire prevention measures relating to smoking.
• Risk Management and Assessment Policy (CHW18) – for assessing smoking risks among residents.
• Safeguarding Adults from Abuse and Improper Treatment Policy (CHW13) – for protecting vulnerable individuals from harm related to smoking.

7. Policy Review

This policy will be reviewed annually or sooner if regulatory changes or operational needs require updates. All staff and residents will be informed of any changes to ensure compliance.

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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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.