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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

 The purpose of this policy is to establish clear and lawful guidelines for conducting searches of residents’ rooms within {{org_field_name}}. This policy ensures that all searches are conducted with respect, dignity, transparency, and in compliance with residents’ legal rights. The aim is to balance the protection of residents’ privacy and autonomy with the need to maintain safety, security, and safeguarding standards.

This policy must be read and applied in accordance with the Regulation and Inspection of Social Care (Wales) Act 2016, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, the Welsh Government statutory guidance for care home services, the Social Services and Well-being (Wales) Act 2014, the Wales Safeguarding Procedures, the Mental Capacity Act 2005 and associated Code of Practice, the Human Rights Act 1998, the Equality Act 2010, the Data Protection Act 2018 and UK GDPR. The policy supports a rights-based, person-centred approach and ensures that any search of a resident’s room or belongings is lawful, necessary, proportionate, recorded and subject to management oversight.

2. Scope

This policy applies to all staff working at {{org_field_name}}, including employees, agency workers, volunteers, the Registered Manager, senior staff and any relevant external professionals who may be asked to advise, support, authorise, witness or respond to concerns connected with a search. Searches must only be authorised and led by the Registered Manager, or in their absence a designated senior member of staff, except where immediate action is required to prevent serious harm.

It covers searches conducted due to safeguarding concerns, suspected illegal or dangerous items, missing property, and safety risks. It applies to searches of personal belongings, storage areas, and resident rooms, ensuring compliance with legal and ethical standards.

This policy applies only to searches of residents’ rooms, furniture, storage areas and personal belongings within the care home. It does not authorise staff to carry out personal searches, body searches, strip searches, searches of clothing being worn, or any search involving physical contact with the resident. Where there is a concern that a resident is carrying a weapon, illegal substance or other item which presents an immediate risk, staff must follow safeguarding and emergency procedures and contact the police or emergency services where required.

2.1 Definitions

For the purpose of this policy:

• Resident means any adult living at {{org_field_name}}.
• Search means looking through a resident’s room, furniture, storage area or personal belongings for a clearly identified item or risk.
• Consent-based search means a search carried out after the resident has been given clear information and has freely agreed to the search.
• Search without consent means a search carried out only where there is a serious and immediate risk to the resident or others, or where there is another lawful and clearly documented justification.
• Reasonable belief means a genuine, evidence-based concern, supported by specific facts or observations, rather than assumption, discrimination, curiosity, convenience or routine practice.
• Least restrictive option means the approach that achieves the safety aim while interfering as little as possible with the resident’s privacy, dignity, autonomy and possessions.
• Representative means a person with legal authority, or the resident’s consent, to act on the resident’s behalf.
• Advocate includes an independent advocate, Independent Mental Capacity Advocate, or other advocacy service where appropriate.

3. Principles of Conducting Searches

Respect for Resident Rights and Dignity:

• Residents have the right to privacy and autonomy, and searches must only be conducted when absolutely necessary.
• Searches must be justified, proportionate, and in line with safeguarding responsibilities.
• Residents must be informed of their rights, and their consent should be obtained wherever possible.
• All searches must be documented in full, including the reason, persons involved, and outcome.

• Searches must never be used as a routine practice, a form of punishment, a behavioural control measure, a response to staff convenience, or a substitute for person-centred risk assessment.
• Searches must be based on a clearly recorded reason and must be linked to a specific risk, item, concern or safeguarding matter.
• The resident must be treated with respect and sensitivity throughout, including respect for their privacy, dignity, confidentiality, autonomy, independence, culture, religion, language, communication needs and protected characteristics.
• The search must be limited to the areas and belongings necessary to address the identified concern.
• Staff must avoid unnecessary handling of personal items, and any items moved during the search must be returned as closely as possible to their original position unless this would create a risk.
• Staff must not read private correspondence, diaries, legal documents, medical information or financial papers unless this is directly relevant to the identified risk and has been specifically authorised and recorded.
• Staff must not photograph, copy, share or disclose personal information found during a search unless this is necessary for safeguarding, legal, regulatory, police or care-planning reasons.
• Searches must take account of the resident’s personal plan, risk assessments, communication needs, mental capacity, known trauma history, distress triggers and any relevant behaviour support plan.

Legal and Ethical Considerations:

• The care home must comply with the Human Rights Act 1998 (Article 8 – Right to Privacy) when conducting searches.
• Searches must be conducted only when there is reasonable justification, such as safety concerns, suspected illegal activity, or safeguarding issues.
• Where there is reason to believe that a resident may lack capacity to consent to a specific search, staff must follow the Mental Capacity Act 2005. Capacity must be assessed for the specific decision at the specific time. The resident must be supported to make the decision where possible, including through their preferred language, communication aids, accessible information, additional time, reassurance, and involvement of appropriate people where this is lawful and in the resident’s interests. If the resident lacks capacity to consent to the search, any decision must be made in the resident’s best interests, must be the least restrictive available option, and must be recorded in full.

• A lack of capacity must never be assumed because of age, dementia, disability, mental health need, communication difficulty, distress, refusal, or an unwise decision.
• Where a resident has a legally appointed attorney or deputy with relevant authority, they must be consulted where practicable and where this is consistent with the resident’s rights and well-being.
• Where the search may amount to, or form part of, a restrictive practice or deprivation of liberty, the Registered Manager must review whether there is lawful authority in place and whether advice is needed from the supervisory body, local authority, safeguarding team or legal adviser.
• A search must not discriminate against a resident on the basis of any protected characteristic under the Equality Act 2010.
• Staff must comply with confidentiality, data protection and information-sharing requirements. Information must only be shared where there is a lawful basis, including safeguarding, prevention of harm, legal obligation, regulatory requirement or the resident’s informed consent.

3.1 Searches That Are Not Permitted

Staff must not:

• conduct personal searches, body searches, strip searches, intimate searches or searches of clothing being worn by a resident;
• use force to search a resident or their belongings, except where immediate action is required to prevent serious harm and the action is lawful, necessary, proportionate and recorded;
• search a resident’s room or belongings because of suspicion based only on age, disability, diagnosis, race, religion, nationality, sex, sexual orientation, gender reassignment, language, culture, behaviour that is not linked to a specific risk, or previous history;
• search as a punishment, sanction, deterrent or behaviour-management strategy;
• carry out blanket or routine searches of all residents’ rooms unless there is an exceptional, clearly documented, proportionate and manager-authorised safety reason;
• ask another resident to assist with, witness or participate in a search;
• remove a resident’s property without lawful reason, consent, safeguarding justification, police instruction or clear risk-management reason;
• dispose of property without following the service’s property, medicines, infection control, safeguarding, police or waste procedures as applicable.

4. Procedure for Conducting Searches

Preliminary Considerations

• Before conducting a search, alternative approaches should be explored, such as speaking to the resident, mediation, or checking communal areas.

• Staff must complete and record a brief proportionality assessment before any planned search. This must include:
  • what the concern is;
  • what item, risk or evidence is being sought;
  • why a search is necessary;
  • what alternatives have been considered;
  • whether the resident can consent;
  • whether the resident should be present;
  • who will conduct and witness the search;
  • whether an advocate, representative, interpreter or communication aid is required;
  • how distress will be reduced;
  • how the search will be limited to the minimum necessary.
• Where the concern relates to missing property only, staff must first consider less intrusive steps, such as checking records, laundry, communal areas, staff handover notes, maintenance logs, visitors’ records where appropriate, and speaking sensitively with the resident.
• Where the concern relates to medicines, controlled drugs, sharps, weapons, alcohol, illegal substances, self-harm items, infection risk or safeguarding, the relevant service policy must be followed in addition to this policy.
• If there is an immediate and serious risk to the resident or others, staff must take urgent action to make the situation safe. This may include remaining with the resident, moving other people away from risk, requesting senior support, calling emergency services, contacting the police, seeking medical advice, and making a safeguarding referral. Any urgent action must be the least restrictive option available, must be proportionate to the risk, and must be recorded as soon as practicable.

Consent-Based Searches

• Wherever possible, the resident’s informed consent must be obtained before a search takes place.
• Staff must explain:
  • the reason for the search;
  • what item or risk is being looked for;
  • which areas or belongings will be searched;
  • who will be present;
  • what will happen if the item is found;
  • what will be recorded;
  • who information may be shared with;
  • the resident’s right to refuse consent unless there is a lawful and serious reason to proceed without consent.
• Consent must be given freely and must not be obtained through pressure, threat, coercion, misleading information or implied punishment.
• The resident should be invited to be present during the search unless this would increase risk, cause significant distress, compromise evidence, or be inconsistent with their well-being.
• The resident may request that a representative, advocate, interpreter, Welsh-speaking staff member, or trusted staff member is present where this is practicable and does not create a risk.
• Consent must be recorded, including what information was given to the resident, the resident’s response, and any support provided to help the resident understand the decision.

Searches Without Consent

A search without consent must be exceptional. It may only take place where:

• there is an immediate and serious risk to the resident or another person;
• there is a reasonable belief that the room or belongings contain an item that could cause serious harm, such as a weapon, hazardous item, ligature, sharp item, dangerous substance, unsafe medicine, contaminated item or other item presenting an immediate risk;
• there is a safeguarding concern requiring urgent action to protect the resident or others;
• there is a lawful instruction or request from the police or another body with lawful authority;
• the resident lacks capacity to consent and the search is assessed, recorded and authorised as being in the resident’s best interests and the least restrictive option.

Before a search without consent is carried out, the Registered Manager must authorise it wherever practicable. In the absence of the Registered Manager, a designated senior member of staff may authorise it. Where the risk is so urgent that prior authorisation is not practicable, staff may take immediate proportionate action to prevent harm and must inform the Registered Manager as soon as possible.

The authorising person must record:

• the reason consent was not obtained;
• the nature and seriousness of the risk;
• the legal or safeguarding basis for proceeding;
• alternatives considered;
• why the search was necessary and proportionate;
• how the resident’s dignity, privacy and rights were protected;
• whether police, safeguarding, health professionals, the local authority, commissioner, representative, advocate or CIW need to be informed.

Where suspected criminal activity, weapons, controlled drugs, serious assault, theft, exploitation, abuse or immediate danger is involved, the Registered Manager or senior staff member must contact the police and/or local authority safeguarding team as appropriate and without delay. Staff must not interfere with potential evidence unless this is necessary to prevent harm.

Mental Capacity and Best Interests

Where a resident may lack capacity to consent to a search, staff must follow the Mental Capacity Act 2005. The following steps must be taken:

• assess whether the resident has capacity to make the specific decision about the proposed search at the time the decision is needed;
• support the resident to decide by using accessible information, preferred communication methods, Welsh language support where needed, visual aids, hearing aids, glasses, interpreters, advocates, reassurance and additional time;
• involve the resident as much as possible, even where they lack capacity;
• consult relevant people where appropriate, such as an attorney, deputy, advocate, family member, representative, social worker, health professional or commissioner;
• consider the resident’s past and present wishes, feelings, beliefs, values, culture, religion and known preferences;
• choose the least restrictive option;
• record the capacity assessment and best-interests decision.

A resident who lacks capacity must still be treated with dignity and respect. Any objection, distress or resistance must be taken seriously and must trigger a review of whether the search remains necessary, proportionate and in the resident’s best interests.

Conducting the Search

• Searches must be carried out by at least two staff members, preferably including a senior staff member.
• Staff must use a non-invasive approach, only searching necessary areas.
• Any items found that pose a risk (e.g., weapons, illegal substances) must be reported and handled according to safeguarding and legal protocols.
• Residents’ personal items must be handled with care and respect, ensuring no unnecessary disruption.

• At least one staff member involved should be senior or specifically authorised, unless urgent circumstances make this impracticable.
• Wherever possible, staff should consider whether the resident would prefer staff of a particular gender to be involved, especially where intimate personal belongings may be handled.
• Staff must explain each stage of the search to the resident, unless doing so would create a serious risk.
• The search must be confined to the agreed or authorised area.
• Staff must not search areas or items outside the authorised scope unless a new and serious risk becomes apparent. Any expansion of the search must be separately justified and recorded.
• Staff must preserve the resident’s privacy by closing doors, avoiding unnecessary observation by others, and ensuring other residents, visitors and non-involved staff are not present.
• Staff must stop or pause the search if the resident becomes significantly distressed, unless stopping would create an immediate risk of serious harm.
• If the search identifies evidence of abuse, neglect, exploitation, coercion, self-neglect, financial abuse, criminal activity or unsafe care, staff must preserve evidence where possible and escalate under safeguarding procedures.

Handling Items Found During a Search

Any item found during a search must be handled lawfully, safely and respectfully.

• Weapons or items presenting immediate danger: make the area safe, do not handle unless necessary to prevent harm, contact the police where appropriate, and record actions taken.
• Controlled drugs or suspected illegal substances: do not dispose of the item. Secure it safely if it is necessary to prevent harm and contact the police for advice. Record who found it, who handled it, where it was stored and who it was handed to.
• Medicines: follow the Medication Policy, including safe storage, recording, return or disposal requirements. Seek pharmacy, GP or prescriber advice where needed.
• Alcohol or other restricted items: assess the risk, refer to the resident’s personal plan and risk assessment, and agree proportionate action with the resident where possible.
• Sharp items, ligatures or self-harm items: follow safeguarding, mental health, risk management and care planning procedures. Consider urgent health or crisis support where required.
• Perishable, contaminated or infection-control items: follow infection prevention and waste disposal procedures.
• Money, valuables or financial documents: follow the Supporting Individuals to Manage Their Money Policy and safeguarding procedures where financial abuse is suspected.
• Private documents, photographs or correspondence: do not read, copy or share unless directly necessary for the identified risk, safeguarding concern or legal requirement.

Any removed item must be recorded, labelled where appropriate, stored safely, and returned to the resident as soon as it is safe and lawful to do so, unless it has been handed to the police, disposed of lawfully, returned to a pharmacy, or managed under another relevant policy.

Post-Search Actions

• The resident must be informed of the search findings and any necessary next steps.
• A written record of the search must be completed, including:
  • Reason for the search
  • Who authorised it
  • Who was present
  • What was found (if anything)
  • Actions taken
  • Resident’s response
• The resident must be offered a sensitive debrief after the search, in a way they can understand. Where appropriate and lawful, their representative, advocate or relevant professional should also be involved. The debrief must explain what happened, what was found, what action will be taken, how the resident’s property will be managed, how they can raise a concern or complaint, and what support is available if the search caused distress.
• Any safeguarding concerns identified must be immediately escalated following the Safeguarding Policy (CHW13).

Safeguarding, Police and CIW Notifications

The Registered Manager must review every search to decide whether further notification, referral or reporting is required.

• A safeguarding referral must be made where there is concern that the resident or another person is experiencing, or is at risk of, abuse, neglect, exploitation or improper treatment.
• The police must be contacted where there is immediate danger, suspected serious criminal activity, weapons, illegal substances, assault, theft, coercion, exploitation, or where police advice is required about evidence or property.
• The placing authority, commissioner, social worker, health professional, representative or advocate must be informed where appropriate and lawful.
• CIW must be notified where the matter is a notifiable event or incident under the service’s regulatory notification requirements. Notifications must be made through CIW Online in the required form and without delay where required.
• Where a search identifies that something has gone wrong in the care or support provided, the service must consider its duty of candour and act in an open and transparent way with the resident and, where appropriate, their representative.
• All safeguarding referrals, police contacts, CIW notifications, commissioner contacts and outcomes must be recorded.

Complaints and Advocacy

Residents must be informed that they may raise a concern or complaint about any search, including the reason for the search, how consent was sought, how the search was carried out, how belongings were handled, how information was shared, or how they were treated.

Residents must be supported to access:

• the service’s complaints procedure;
• independent advocacy where appropriate;
• safeguarding support where the concern relates to abuse, neglect or improper treatment;
• communication support, including Welsh language support where needed;
• their representative, attorney, deputy, social worker, commissioner or other relevant person where appropriate.

Complaints or concerns about searches must be reviewed by the Registered Manager and considered as part of the service’s quality monitoring arrangements.

Communication and Welsh Language

Staff must take reasonable steps to meet the resident’s language and communication needs before, during and after any search. This includes providing information in a way the resident can understand and using communication aids, interpreters, advocates, Welsh-speaking staff, hearing aids, glasses, visual prompts, simple language, additional time or other support where required.

Where Welsh is the resident’s language of need or choice, the service must actively offer Welsh language support wherever reasonably practicable.

5. Staff Training and Responsibilities

All staff involved in requesting, authorising, conducting, witnessing, recording or reviewing searches must receive training appropriate to their role. Training must include:

• privacy, dignity, autonomy and human rights;
• safeguarding adults at risk;
• Wales Safeguarding Procedures;
• Mental Capacity Act 2005, best-interests decision-making and least restrictive practice;
• Deprivation of Liberty Safeguards awareness where relevant;
• consent and refusal of consent;
• equality, diversity, protected characteristics and anti-discriminatory practice;
• Welsh language and communication support;
• trauma-informed and person-centred approaches;
• de-escalation and responding to distress;
• confidentiality, data protection and information sharing;
• record keeping and evidence preservation;
• when to escalate to the Registered Manager, safeguarding team, police, commissioner, health professional or CIW.

Staff must not conduct searches unless they understand this policy and are competent to apply it. Agency workers and new staff must not lead or authorise a search unless they have been briefed on this policy and are supported by a senior member of staff.

The Registered Manager is responsible for ensuring that searches are lawful, necessary, proportionate, recorded, reviewed and escalated where required.

The Responsible Individual is responsible for ensuring that the service has suitable oversight arrangements, that this policy is kept up to date, and that patterns, risks, incidents, safeguarding matters, complaints and learning from searches are considered through quality assurance arrangements.

6. Related Policies

• CHW07 – Person-Centred Care Policy
• CHW08 – Dignity and Respect Policy
• CHW13 – Safeguarding Adults from Abuse and Improper Treatment Policy
• CHW16 – Health and Safety at Work Policy
• CHW18 – Risk Management and Assessment Policy
• CHW34 – Confidentiality and Data Protection Policy

7. Monitoring and Review

This policy will be reviewed at least annually, or sooner where required due to:

• changes in legislation, Welsh Government statutory guidance, CIW guidance or Wales Safeguarding Procedures;
• safeguarding concerns or referrals involving searches;
• complaints, concerns or feedback from residents, representatives, staff, commissioners or professionals;
• CIW inspection findings or regulatory feedback;
• incidents involving searches without consent;
• use of police involvement or emergency services;
• concerns about staff practice, recording, consent, capacity or proportionality.

The Registered Manager must maintain a log of all room or belongings searches. The log must be reviewed at least quarterly to identify patterns, themes, equality issues, repeated searches involving the same resident, staff training needs, safeguarding concerns, complaints, restrictive practice concerns and any required changes to personal plans or risk assessments.

The Responsible Individual must ensure that search records, safeguarding referrals, complaints, notifiable events and learning are considered as part of the service’s governance, quality assurance and quality-of-care review arrangements. Any learning must be shared with staff and used to improve practice.

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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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