Tackling volatile substance abuse in Scotland
a training course for the social care workforce

Course content: Assessment

The Law

VSA itself is not illegal

However, Scottish Common Law provides for an offence of 'recklessly' selling substances knowing they are going to be inhaled. There is no age limit, and 'reckless' sales to people over 18 years have resulted in prosecution. Between 1987 and 1989 there were six prosecutions for the supply of 'glue sniffing kits' but none since then.

Relatively new legislation, the Cigarette Lighter Refill (Safety) Regulations (1999), applies across the UK which makes it an offence to sell butane gas lighter refills to a person under the age of 18. The maximum penalty is a fine of £5,000 and six months imprisonment.

Children’s Hearings

In Scotland, Children's Panels conduct Children's Hearings¹ to deal with juvenile offenders and children in need of care and protection. They have powers to order compulsory measures of supervision. This includes ordering that a young person is taken into local authority care and making recommendations for treatment and supervision. Reporters to the Children's Panels have a key role and a statutory responsibility in relation to VSA. They advise the Lay Members of the Panels and progress cases.

The Children (Scotland) Act 1995 makes VSA a ground for a referral to a Children's Hearing. This Act incorporated the provisions of the Solvent Abuse (Scotland) Act 1983. There are currently 12 main types of Ground for referral. Many children are referred on more than one Ground. The three Grounds those relating to 'offences, 'lack of parental care' and 'victim of offence' make up the majority of referrals. The Solvent Abuse Ground reads:

… the child has misused a volatile substance by deliberately inhaling its vapour, other than for medicinal purposes.

In summary, Children's Reporters and Panel members should be aware of the nature of VSA and be able to weigh the evidence and make a risk assessment. They should be aware of local helping agencies. When VSA is a presenting problem at Children's Hearings, it is likely to be entangled with other problems, and may be occurring alongside the misuse of other substances. Training programmes for Children's Panel members should include VSA alongside training about the misuse of other substances.

Consultation on the draft Children's Services (Scotland) Bill was launched in December 2006, as part of the implementation of Getting it Right for Every Child, the proposed legislation will:

• Place duties on agencies to work together to provide support for children and make a clear plan for children with complex needs
• Ensure that children and their family's views are taken into account when developing plans to support them
• Change the grounds of referral so that children are referred to the Children's Hearings system only where this is necessary. Consultation will last until 31 March 2007 (see www.scotland.gov.uk/childrensservicesbill).

Recognising young people at risk

Physical symptoms

Some of the signs of VSA can be difficult to distinguish from the normal behaviour of adolescence. Teenagers may also act in ways that are difficult for adults to understand and therefore a list of physical signs and symptoms may be of limited use. The reality is that it is very difficult to identify VSA from physical signs and symptoms. Sniffing is a secretive practice and many children sniff solvents without adults becoming aware. Young people are seldom forthcoming about this behaviour. A combination of several factors may indicate a cause for further concern:

• Mood swings or a decline in attitude and behaviour
• Mixing with a new group of friends
• Frequent headaches, reddened eyes or a persistently runny nose
• “Drunkenness” or “incoherence”
• A chemical smell on the breath or clothing. Rashes and spots around the nose and mouth occur only with the use of specific products, particularly adhesives, and can easily be confused with teenage acne

Evidence of VSA

There are a number of key points that may help in evaluating the situation:

• Debris in secluded areas, for example butane gas canisters (which may have teeth marks on the nozzle), towels or rags (often soaked in deodorant or other aerosol product or with white stains), and glue bags (often shopping bags or crisp bags)
• Groups of children hanging around in a secluded area
• Individuals, particularly loners, mixing with a new or unexpected group of friends
• Physical or behavioural changes. In Re-Solv's experience the most frequently reported signs of VSA tend to be related to the products disappearing from cupboards, or being found in unusual places often in a damaged state