Role of Appropriate Adult

When the person under the age of 18 years is arrested the PACE Codes of Practice require an "Appropriate Adult" to be called to the Police Station. The Appropriate Adult is required to be present during the course of the police interview and key stages of investigations conducted in the Police Station. The provision of an Appropriate Adult  is intended to safeguard the rights and welfare of young people in Police Custody.

The following people can be an Appropriate Adult:

• Parent or guardian;
• If the young person is in local authority care, or is otherwise being looked after under the Children Act 1989 a person representing that authority or organisation;
• A  local authority social worker;
• A YOT worker;
• Another responsible adult aged over 18.

A person should not act as Appropriate Adult if:

• They have received admissions or denials about the offence(s) before they act as Appropriate Adult, or are a victim or witness to the offence(s);
• They are suspected of being, or known to be, involved in the offence(s) concerned;
• A parent who is estranged from the young person, if the young person objects.

The decision as to whether staff from children's homes can fulfil this role will depend upon the circumstances and context as to why the young person is in Police Custody. For example:

• If the alleged offence is not related to any reported matter against staff and/or property then it would be reasonable for staff to act as Appropriate Adult;
• If the alleged offence is related to a matter reported by staff about any injury, matter, and/or damage to staff, possessions or company property, it would not be reasonable for staff to act as Appropriate Adult;
• It may be reasonable for other staff to act in the role of Appropriate Adult if they work in another care home not connected with the young person.

The presence of an Appropriate Adult is required:

• When the young person is informed of their rights;
• During a strip or intimate search;
• During Police interview;
• When fingerprints or samples are taken;
• When the detained person is part of any identification procedure;
• At the point of charge.

In summary, the Appropriate Adult's key roles and responsibilities during these processes are to:

• Ensure that the detained person understands what is happening to them and why. It is important to take into account any mental health problems, learning difficulties and speech, language and communication issues;
• Ensure that the detained person understands their rights;
• Support, advise and assist the detained person, particularly while they are being questioned;
• Observe whether the Police are acting properly, fairly and with respect for the rights of the detained person;
• Facilitate communication between the Police and the detained person - the Appropriate Adult plays an important role and must be pro-active in undertaking his/her responsibilities. The role is not one of simply observing proceedings in the Police station.

It is not the role of the Appropriate Adult to provide legal advice. Conversations between the Appropriate Adult and the young person are not covered by legal privilege – meaning they may need to  divulged as part of any subsequent legal proceedings.

The Police will usually approach their local Youth Offending Team to request an Appropriate Adult. The YOT should ascertain the reasons for an Appropriate Adult being required and why a parent or guardian will not be in attendance with the young person.

If it is agreed that an Appropriate Adult will be provided, depending on local arrangements, this role will normally be undertaken by either a YOT worker or volunteer during their working hours. Outside their normal hours of duty, the Police will normally contact the Emergency Duty Team, unless another organisation is commissioned to provide Appropriate Adults "out of hours".

In the event of it being agreed that it is in the young person's interests for another professional, such as the Key Carer, to act as Appropriate Adult this should be agreed between the custody officer, YOT/EDT and the Manager of the member of staff being asked to undertake the role.

When it is agreed that a member of staff from the home will act as Appropriate Adult, the following information needs to be established before leaving to attend the Police station:

• Full details of the young person arrested;
• State of the young person - health and emotional;
• Name of custody officer and name of investigating officer;
• Details of the offence;
• Time and place of arrest;
• Others who have been notified;
• Why an Appropriate Adult is needed (i.e. why is a parent or guardian not taking that role);
• Whether a solicitor has been requested;
• Estimated time of interview.

If the person being asked to act as Appropriate Adult is not based in a Youth Offending Team (YOT), they should contact their local YOT to make enquiries about whether the detained young person is known to the YOT. If the young person is known by the YOT, they must ask if the young person has any particular needs or difficulties. They should also ensure that the young person's social worker (or out of hours duty service) and those with parental responsibility are kept informed about the Police investigations.

For guidance about the role of the Appropriate Adult on arrival at the Police Station and during Police investigations please see Guidance for Appropriate Adults (Home Office).

Calling the Police re an Incident at the Home - Things to remember

• Consult with a manager;
• Refer to the flow chart from Joint Agency Protocol Regarding Offending by Children in Care;
• Call 101 and ask for advice and assistance to calm the situation down.

If Police are called and ask for a statement

Remember to inform the Police who attend that DCC has a protocol in place for dealing with incidents involving children in care in residential homes, and that under that protocol we prefer that matters reported to the Police are not prosecuted through the courts; DCC policy is not to prosecute for internal damage- unless extensive at the home.

Wherever possible we wish that any matter is dealt with by way of Restorative Justice or an out of court disposal.

Provide the Police with a copy of the CPS check list which requires extra information to be gathered to decide on the most appropriate outcome. (Blank copies should be kept in the office).

Dialogue with Police After Reporting an Incident

• Inform officer if you do not wish for a prosecution;
• Let the Police know if you want a formal restorative disposal or if the home wish to deal with the matter internally;
• Inform Police of the Joint Agency Protocol Regarding Offending by Children in Care and CPS 10 point check list;
• Invite the Police if a meeting is to be arranged to discuss the preferred outcome.

The Flowchart Police Involvement in Residential Care Incidents should be used as a guide to help those involved in deciding the most appropriate Police response.

If the situation requires an Urgent Police Response 999 (i.e. where staff or young people are at risk of immediate serious physical harm due to assault or serious damage) then decision making about the most appropriate criminal justice response will mainly be in the hands of the Police through their investigation.

However home’s managers can still call a serious event meeting and the preferred outcome can be communicated to the Police. The Police should be invited to the meeting. The CPS 10 point check list should be completed, and the Police should be reminded about this.

The YOS Reducing Offending Worker should be contacted if there is a problem with this or if you require help dealing with the process after calling the Police.

Serious incidents where the Police are called should be notified to YOS Reducing Offending Worker.