Question to the Home Office:

To ask the Secretary of State for the Home Department, whether she has made an assessment of the potential merits of appropriate adults acting in a (a) voluntary and (b) paid-for professional capacity for children in police custody.

Police custody is a core element of the criminal justice system and is critical for keeping the public safe. The Government is clear that children should only be detained in custody when absolutely necessary, and opportunities to divert children away from custody must be considered.

We expect forces to act in accordance with the statutory safeguards for children in custody, including the provision of appropriate adults. Police custody is governed by the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice which sets out the legal framework for the detention, treatment and questioning of persons by police officers. PACE Code C is clear in Section 11.17 that appropriate adults should facilitate communication with children being interviewed. Authorised Professional Practice guidance on the operational management of custody suites is produced by the College of Policing.

We are aware of the recent Nuffield Foundation report, Examining the impact of PACE on the detention and questioning of young suspects, and its recommendation relating to the provision of intermediaries and speech and language therapists to children in custody. The Home Office is a member of the steering group for this research and officials are considering the report carefully.

The Home Office does not currently collect data on the type or status of the person who acted as an appropriate adult, but our Police Powers and Procedures bulletin published on 17 November shows that, for the forces who provided data to us, an appropriate adult was called for 99% of children in custody. We hold regular discussions with policing and wider stakeholders on the availability of appropriate adults and custody policy in general and this has included recent dialogue with the Northern Ireland Department of Justice on a range of issues.

Local authorities have a duty under Section 38 of the Crime and Disorder Act 1998 to provide appropriate adults provided for children. The role of the appropriate adult is to safeguard the rights, entitlements and welfare of juveniles and vulnerable persons in accordance with the Codes of Practice.

The Home Office provides annual funding to the National Association of Appropriate Adults (NAAN), which supports organisations providing appropriate adult services to young people and vulnerable adults in police custody. More information regarding standards and training can be found at https://www.appropriateadult.org.uk/. Home Office officials regularly engage with NAAN to discuss the provision of training to appropriate adults across England and Wales.