Drugs

This offence may apply where a pupil is found using, possessing, concealing, supplying, intending to supply, or being under the influence of illegal drugs on the school site or during a school-related activity. It may also apply where a pupil is in possession of drug paraphernalia, drug packaging, or items which strongly indicate drug misuse or supply.

Guidance on searching for the possession of drugs in schools

Step 1 – Determining the offence category

You should determine the offence category with reference only to the factors in the tables below. In order to determine the category, you should assess culpability and harm.

Culpability

The level of culpability or blame is worked out by looking at all the factors involved in the incident. If there are elements that point to different levels of blame, you should weigh these up carefully and give the most relevant ones the right amount of importance to reach a fair judgement about the person’s level of responsibility.

A – High culpability

Possession of a quantity of drugs indicating an intent to supply
Supply, attempted supply, or distribution of illegal drugs
Significant planning, organisation, or concealment
Possession of equipment or packaging indicating supply
Leading role where offending is part of a group activity
Use of other pupils to store, carry, hide, or distribute drugs
Deliberate bringing of illegal drugs onto the school site for sale, supply, or onward distribution
Possession or supply linked to intimidation, debt, coercion, or exploitation of other pupils
Deliberate targeting of younger or vulnerable pupils
Repeated drug-related offending despite previous sanctions or interventions
Drugs possessed or supplied during the school day or as part of a school activity
Significant attempt to evade detection or dispose of evidence

B – Medium culpability

Deliberate possession of illegal drugs for personal use
Possession of a smaller quantity without clear evidence of supply
Drug use on site or during a school-related activity
Possession of paraphernalia or packaging indicating likely misuse
Joint possession or shared involvement without a leading role
Some planning or concealment, but not at the highest level
Incident falling between categories A and C

C – Lesser culpability

Limited or lower-level involvement with reduced evidence of planning
Brief or opportunistic possession without evidence of supply
Responsibility substantially reduced by age, immaturity, learning difficulty, or personal circumstances
Involvement through coercion, pressure, intimidation, or exploitation by others
Limited role in a wider group incident
Early admission and cooperation
Circumstances suggesting vulnerability or exploitation rather than straightforward offending, while still recognising the seriousness of the conduct

Harm

Harm 1

Serious safeguarding risk created for other pupils or the wider school community
Supply or intended supply of drugs to others
Serious risk of physical harm, overdose, medical emergency, or acute intoxication
Serious disruption to the safe and orderly running of the school
Serious psychological or emotional impact on pupils or staff
Serious reputational damage to the school
Clear evidence of exploitation, coercion, or wider criminality linked to the incident
Drugs present in a way that exposed younger or vulnerable pupils to significant risk

Harm 2

Clear risk to the safety, wellbeing, or welfare of the pupil or others
Drug use or possession causing significant concern, alarm, or disruption
Noticeable impact on learning, staff time, safeguarding processes, or the confidence of the school community
Harm falling between categories 1 and 3 because:
factors are present in 1 and 3 which balance each other out and/or
the harm falls between the factors described in 1 and 3

Harm 3

Minor consequential damage to reputation
Minor consequential damage to school reputation
Minor distressed caused

Lower-level harm with limited wider impact
No evidence of supply and limited evidence of wider exposure to others
Limited disruption once the incident was brought under control
Lower-level but still significant concern arising from possession or use

Step 2 – Starting point and category range

Having identified the level of culpability and harm, decide on a starting point within the category range above. The starting point applies to all offenders irrespective of personal circumstances or previous exclusions. It is at the school’s discretion how many exclusion days are served externally and internally within each category.

Step 3 – Take into consideration Aggravating and Mitigating factors

The school could consider any adjustments for any aggravating or mitigating factors. Below is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender.

Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point of punitive action.

Factors increasing seriousness (Aggravation Factors)

Previous similar offences or repeated substance-related incidents
Nature of previous offences and their relevance to the current offence
Time elapsed since previous offences
Supply or attempted supply to another pupil
Deliberate concealment of drugs or paraphernalia
Group offending, especially where the pupil led, encouraged, or organised others
Pressure, coercion, debt, or exploitation involving other pupils
Drugs brought into school during the school day or during a school activity
Incident involving a vulnerable pupil or younger pupils
Evidence of intoxication creating risk to safety, behaviour, or learning
Attempts to dispose of drugs, hide evidence, or mislead staff
Significant disruption to school life or safeguarding procedures
Wider reputational damage to the school

Factors reducing seriousness or reflecting personal mitigation

No previous similar offences or no relevant/recent offences
Genuine remorse
Early admission and cooperation
Good character and/or exemplary conduct
Isolated incident
Age and/or lack of maturity
Learning difficulties or Additional Learning Needs
Family circumstances
Clear evidence of coercion, pressure, or exploitation by others
Evidence that the incident is bound up with vulnerability, unmet need, or substance misuse concerns requiring safeguarding support

Safeguarding issues should be considered separately and are not necessarily mitigating factors.

Step 4 – Adjust starting point and category range

Where the incident involves supply, intent to supply, exploitation of others, deliberate concealment, repeated offending, or serious safeguarding risk, an upward adjustment is likely to be appropriate.

Where the incident is isolated, lower-level, involves limited harm, and there is genuine remorse or clear evidence of vulnerability or exploitation, a downward adjustment may be appropriate, while still recognising the seriousness of any drug-related matter on school site.

Having taken into consideration all aggravating and mitigating factors adjust starting point as deemed best fit.