Can a parent attend a child’s police interview? Appropriate adults and solicitors explained
If the police arrest a child or invite them to an interview, a parent may suddenly have to deal with unfamiliar language, urgent decisions and several agencies at once. The first point to remember is straightforward: a child being investigated for an offence remains a child. Their age, understanding, welfare and ability to take part properly must not be overlooked.
Children under 18 have important safeguards during a police interview. A parent may be able to attend as the appropriate adult. The child should also have the opportunity to receive free and independent advice from a solicitor. Those are separate roles, and a family should understand the difference before the interview begins.
Can a parent attend the interview?
In most cases, a child who is interviewed about suspected involvement in an offence must have an appropriate adult present. Under PACE Code C, the appropriate adult for a child may be a parent or guardian, a social worker or, if those people are unavailable or unsuitable, another responsible adult aged 18 or over who is independent of the police.
This does not mean that a particular parent has an automatic right to act in every case. A parent may be unsuitable where, for example, they are suspected of involvement, are the victim or a witness, are involved in the investigation, or have received an admission from the child before attending. An estranged parent should not be asked to act if the child expressly and specifically objects to their presence. The police must arrange a suitable appropriate adult.
If your child has been arrested or invited to interview, ask who is proposed as the appropriate adult and tell the police if there may be a conflict or if the child has communication, learning, mental-health or neurodevelopmental needs. A solicitor can address the individual position. Peter Bonner & Co provides specialist youth crime and Youth Court defence for children and their families.
What does an appropriate adult do?
The appropriate adult is not expected to sit silently. Their purpose is to help safeguard the child’s rights, entitlements and welfare. They can support and assist the child, help them understand what is happening, observe whether the police are acting properly and fairly, and help communication during the interview.
An appropriate adult should not answer questions for the child or prevent proper questions from being asked. They are also not the child’s legal adviser. That is the solicitor’s role.
Why does the child also need a solicitor?
The solicitor advises on the allegation, the information disclosed by the police and the choices available in interview. The solicitor can speak to the child privately, advise whether and how questions should be answered, attend the interview and intervene where necessary to protect the child’s position.
Independent legal advice and representation at the police station is free, regardless of the family’s income. This applies to an arrest and to a voluntary interview under caution. Asking for a solicitor does not make the child look guilty and should not be treated as an admission of anything.
The appropriate adult does not replace the solicitor. If a child says that they do not want legal advice, PACE Code C provides that the appropriate adult may ask for a solicitor to attend where that would be in the child’s best interests. Read more about free independent legal advice at the police station.
What if the interview is described as voluntary?
A voluntary interview is still an interview under caution and what the child says may be used as evidence. The child is not under arrest and is free to leave, but the interview should still be approached carefully.
PACE Code C extends important safeguards to a child attending voluntarily, including information about the allegation, free legal advice and the presence of an appropriate adult. The arrangements should allow time for the child to receive advice before the interview takes place.
If the police contact you to arrange a voluntary interview, obtain the officer’s name, the alleged offence, the proposed date and location, and any information about the child’s needs. Contact a youth crime solicitor before the appointment rather than waiting until the family reaches the police station.
What if a parent cannot act as the appropriate adult?
The absence or unsuitability of a parent does not remove the child’s need for support. Depending on the circumstances, a social worker or another suitable responsible adult may act. The choice should protect the child’s welfare and enable them to understand and participate effectively.
A parent can still provide the solicitor with relevant information about the child’s health, education, communication and vulnerabilities, subject to the child’s interests and the professional duties that apply. The solicitor can explain what can properly be discussed with the parent and what must remain confidential to the child.
What should a parent do before the interview?
Try to remain calm and avoid questioning the child repeatedly about what happened. Do not encourage the child to agree an account with anyone or post about the allegation online.
Before the interview:
note the officer’s name, police station, proposed time and alleged offence;
tell the police that the child wants Peter Bonner & Co or another named solicitor;
confirm who will act as the appropriate adult;
tell the solicitor about diagnoses, medication, learning needs, communication difficulties or recent distress;
keep any paperwork, messages or appointment details; and
ask the solicitor what will happen next.
Police-station advice is free. If proceedings follow, Legal Aid for children may also be available and the funding position can be explained separately.
A child remains a child
A police interview can feel frightening to a child and overwhelming to a parent. The appropriate adult and solicitor perform different but important functions. The appropriate adult helps the child understand and participate; the solicitor provides independent legal advice and protects the child’s legal position.
Peter Bonner & Co represents children from police interview through Youth Court proceedings and, where necessary, in serious cases before the Crown Court. We explain each stage to the family, keep the child’s welfare and future in view, and ensure that the allegation and evidence are examined carefully.
For urgent advice about a child who has been arrested or invited to interview, call 020 8297 1727. Independent legal advice at the police station is free. You can also contact the firm confidentially through the website.
This article provides general information for England and Wales and is not advice about an individual case. Police-interview safeguards and the suitability of an appropriate adult depend on the circumstances.
Authoritative sources
Written by Chris Carter. Reviewed by Chris Carter, solicitor.