Appropriate adult schemes in the MPS

Report: 15
Date: 14 March 2002
By: Commissioner

Summary

The report sets out the MPS position on appropriate adult schemes and provides details of schemes currently in existence throughout the MPS.

A. Recommendation

Members are invited to note the current position with the various appropriate adult schemes across the MPS.

B. Supporting information

Background

1. 'Appropriate adults' were established in 1986 by the PACE Codes of Practice to provide safeguards for detained juveniles (under 17's) and mentally vulnerable adults. In 1996, after an in depth review, the Home Office issued draft guidance on their role and functions. As a result of ACPO concerns, this document has yet to be finalised.

2. Police call appropriate adults in the order of preference set out in the Codes, i.e. (i) parent/guardian, (ii) social worker, then (iii) any other responsible adult. 'Volunteers' are in the 3rd group.

3. The MPS policy on 'Volunteer' Schemes generally follows the 1997 ACPO approach which reflects the Codes of Practice whereby:-

• Appropriate adults must remain independent of police.
• A 'volunteer' may not be called until after reasonable efforts to contact a parent/guardian then a social worker have failed.
• Police should not accept lead responsibility for setting up, managing and maintaining 'volunteer' schemes or do anything which could be perceived as undermining that independence.
• They may however legitimately:
  • Encourage others, in particular, local authorities to implement and maintain such schemes; and
  • Contribute to training by way of explaining police procedures, structure and organising 'familiarisation' visits for 'volunteers'.

4. Detailed guidance to ensure that calls for, and the use of, appropriate adults generally and 'volunteers' in particular, complies with the PACE Codes of Practice is set out in MPS Special Notices. These are also supported by other publications accessible to staff via the MPS Intranet.

5. For juveniles, the Crime and Disorder Act 1998 requires local authorities to take some initiative to provide 'youth justice services', which include 'the provision of persons to act as appropriate adults to safeguards the interests of children and young persons detained or questioned by police officers'. For vulnerable adults, there is no equivalent statutory obligation.

6. A survey has been undertaken of all boroughs to establish the current position. This is set out in Appendix 1 (see Supporting material).

Conclusions

7. 'Volunteer' schemes compensate for local authorities' lack of resources.

8. The appendix illustrates the range of approaches that exist across the MPS. It includes Boroughs with no schemes. A good working relationship with the individual local authorities is key to any potential for success. There appears to be scope for some boroughs to encourage fresh initiatives or seek to expand/improve existing ones.

9. There appears to be scope for the MPS to develop a forum to share good practice and ideas concerning appropriate adult schemes.

10. With the above in mind, the Operational Policy Support Unit (OPSU) will be re-issuing guidelines to help ensure legal requirements are not overlooked.

11. The MPS expects that the ongoing revision of the PACE Codes of Practice may prompt the Home Office to re-start the 1996 appropriate adult initiative.

C. Financial implications

Local authorities meet the majority of costs in providing appropriate adults. Delays however impact on police time. The timing of interviews is not only dependent upon the arrival of an appropriate adult, but also on the arrival of solicitors and other parties. Some delay is therefore inevitable. It also means that police must be prepared to accept around 2 hours from the initial call being made to being ready and able to proceed as a realistic 'average' target to aim. This represents the unavoidable level of 'delay' which arises from the legal constraints and associated operational requirements.

D. Background papers

None.

E. Contact details

Report author: Brian Roberts, Inspector, Criminal Justice Policy Office.

Agreed by: Bert Moore, Chief Inspector, Criminal Justice Policy Office, PRS 5(3)

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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