Role of Appropriate Adults

SCOPE OF THIS CHAPTER

Whenever a Looked After child aged under 18 is arrested, the responsible local authority should ensure that the young person has the support of an Appropriate Adult and a solicitor while at the Police Station. The solicitor should have expertise in youth justice, and be provided with relevant information about the young person's circumstances and needs, including key information from the Care Plan (and Pathway Plan if they are an Eligible Child).

For more information on Appropriate Adults, including their role in supporting children and young people, and who can fulfil this role please see Appropriate adults: Guide for Youth Justice Professionals.

1. What is an 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.

2. Who can be an Appropriate Adult?

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.

Blackburn with Darwen commissions an Appropriate Adult Service from Child Action North West. Carers for Blackburn with Darwen looked after children MUST NOT act as Appropriate Adult but should inform the police that the commissioned service should be used. The Police have direct access to the service and the carer does not need to be involved in requesting the service.

3. Summary of Roles and Responsibilities of the Appropriate Adult

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.