Legal issues
When one is needed
The police must treat someone as a child if they appear to be under 18, and as vulnerable if there is any reason to suspect it, for example because of a learning disability or mental health condition affecting understanding or communication.
Who can act
- For under 18s: a parent or guardian, a local authority social worker, or another responsible adult aged 18 or over.
- For vulnerable adults: a relative or carer, someone experienced in dealing with vulnerable people, or another responsible adult.
- Not: a police officer or employee, anyone involved in the offence as suspect, victim or witness, or someone the person has made admissions to.
What they must be present for
Being told rights, the caution, the interview, charge, and most searches and samples. An interview without the appropriate adult is allowed only in narrow urgent cases authorised by a senior officer.
Evidence that matters
An interview conducted without an appropriate adult when one was required may be challenged later. The custody record shows when the appropriate adult was called and arrived.
Reasonable lines of enquiry
For a parent acting as appropriate adult
- Do not ask your child what happened; you could be asked about it later.
- Ask for a solicitor even if your child says they do not want one.
- Speak up if your child seems not to understand, is tired or unwell.
What happens next
Under 18s should be released or charged as quickly as possible. If a child is charged and refused bail, the police should normally move them to local authority accommodation rather than keep them in a cell.
Immediate steps
- Tell the police the person's age and any vulnerability straight away.
- Ask for a solicitor to be called.
- Bring any medication and a list of needs to the station.
What should you send us?
Tell us the person's name, age, police station and any needs or diagnoses relevant to understanding and communication.