Published: November 24, 2022
Updated: March 21, 2025
Can Police Question a Child Without a Parent Present in the UK?
It’s every parent’s nightmare: a call saying your child is facing police questions—alone. What are your rights? What protections does your child have? And what happens next? This guide breaks it down simply, so you’re prepared if the unthinkable happens.
Can Police Legally Question Your Child Without You?
Yes, they can. In England and Wales, no law *requires* police to notify or get permission from a parent before questioning a minor. But there’s a catch: if your child is in custody and under investigation, rules tighten up.
For casual questioning (e.g., as a witness), police can approach your child anywhere—school, street, home—without you there. However, if they’re a suspect in custody, the Police and Criminal Evidence Act 1984 (PACE) demands an “appropriate adult” (like a parent or guardian) during formal interviews.
Even so, having you present is always best. Kids can feel scared or pressured, and without an adult, they’re more likely to say something they don’t mean—stuff that’s tough to undo later.
Your Child’s Rights Under UK Law
The law offers safeguards, rooted in PACE and the Youth Justice and Criminal Evidence Act 1999 (YJCEA):
- Caution: Police must tell your child they don’t have to speak, but anything said can be used in court.
- Solicitor: They’re entitled to free legal advice during questioning.
- Clear Questions: Questions must suit their age and understanding.
- Stopping: If they ask for a solicitor or you, questioning should pause.
- Appropriate Adult: For under-17s in custody, someone (parent, guardian, or social worker) must be there.
The Children Act 2004 also prioritizes your child’s welfare, but in practice, this isn’t always perfectly followed.
Child Police Questioning Guidelines
Police can legally question a child without a parent present in many circumstances, but there are important guidelines and protections in place:
1. Legal Framework:
- There is no law explicitly requiring police to notify or get permission from parents before questioning a minor.
- However, the Police and Criminal Evidence Act 1984 (PACE) and the Youth Justice and Criminal Evidence Act 1999 (YJCEA) set out rules for questioning children.
2. Key Guidelines:
- Police must caution the child and inform them of their right to have a solicitor present.
- Questions must be put in a way the child can understand.
- Questioning should stop if the child requests to speak to a solicitor or parent/guardian.
3. Appropriate Adult Requirement:
- An appropriate adult (parent, guardian, social worker, etc.) should be present during formal questioning, especially for children under 17.
- This is to ensure the child's welfare and rights are protected.
4. School Settings:
- Police can interview a child at school, but should notify parents beforehand when possible.
- Schools may allow questioning without parental consent in some cases.
5. Age Considerations:
- Children as young as 10 can be arrested and interviewed by police in the UK.
- Special provisions are made for very young witnesses, as demonstrated in a case where a 2-year-old provided evidence with specialist support.
Real-life Examples:
1. Two-year-old witness:
- In a landmark case, a two-year-old girl gave evidence in a UK abuse case. With the help of a specialist intermediary, the child was interviewed by police and provided crucial evidence that led to the defendant pleading guilty.
2. School interview controversy:
- A Mumsnet discussion highlighted a case where a 13-year-old girl was questioned by police at school about a violent incident without parental knowledge or consent. This sparked debate about the legality and ethics of such practices.
3. Voluntary interviews:
- In some cases, police may conduct "voluntary interviews" with minors at school to avoid arrests. However, these should still follow PACE guidelines and ideally involve an appropriate adult.
While police can legally question children without parents in many situations, best practices emphasise involving parents or appropriate adults whenever possible. Parents concerned about their child being questioned should:
- Request to speak with their child immediately.
- Ask for details about the questioning and reasons for exclusion if not informed.
- Consider contacting a solicitor for legal advice.
- Understand their child's rights, including the right to remain silent and have legal representation.
It’s crucial for both parents and children to be aware of these rights and procedures to ensure proper protection during any police interactions.
Your Rights as a Parent
Found out the police are talking to your child? Act fast:
- Demand Contact: You have the right to know where your child is and what’s happening. Call the station and ask to speak to them.
- Push Back: If they refuse, calmly but firmly request a supervisor.
- Get Help: If stonewalled, call a solicitor—fast.
You can talk to the police yourself, but be careful—your words could be used against your child. Legal advice first is smarter.
What Happens After the Interview?
It depends:
- As a Witness: They might record a statement for court.
- As a Suspect: If arrested, they’ll face a formal interview with a solicitor present. Then, police decide: charge them, release them, or issue a caution. Kids 10 and up can be charged; under 10s can’t.
- No Charges: Their details stay on file, shared with other forces if questioned again.
If you think their rights were ignored, contact a solicitor to challenge it.
Support Resources
Helplines and Legal Resources for Children
| Category | Resource | Contact Info | Website |
|---|---|---|---|
| Helplines | NSPCC Helpline | 0808 800 5000 help@nspcc.org.uk |
Visit Website |
| Helplines | Childline | 0800 1111 | Visit Website |
| Legal Resources | Youth Justice Legal Centre | N/A | Visit Website |
| Legal Resources | PACE Act 1984 | N/A | Visit Website |
| Legal Resources | Rights of Children in Police Custody | N/A | Visit Website |
| Legal Resources | Appropriate Adults Guide | N/A | Visit Website |
International Differences in Police Questioning of Minors
| Country | Legal Framework | Presence of Adults/Lawyers | Age Considerations | Informal Questioning and Rights Awareness | Use of Force and Treatment | Centralisation and Training | Data-Driven Policing and Discrimination | Reform Efforts |
|---|---|---|---|---|---|---|---|---|
| England and Wales | PACE guidelines | Appropriate adult | Min. age: 10 | Issues with informal talks | Reports of violence | Centralised police force | Concerns with data-driven tools | Ongoing reforms |
| France | Videotaping, right to silence | Appropriate adult, lawyer present | Special provisions for young witnesses | Issues with 'informal talks' | Reports of violence | Centralised police force | Concerns with data-driven tools | Ongoing reforms |
| Austria | Appropriate adult, solicitor present | Appropriate adult for psychological support | Special provisions for young witnesses | Issues with 'informal talks' | Reports of violence | Centralised police force | Concerns with data-driven tools | Ongoing reforms |
Why It Matters
Police questioning can rattle kids—fear, confusion, even trauma. Without you or an adult they trust, they’re vulnerable. Knowing the rules helps you protect them.
Frequently Asked Questions
Can I refuse a police interview for my child?
No, you can’t outright refuse, especially if it’s a formal forensic interview. But you can demand to be present or get a solicitor involved if you’re worried.
How long can police hold my 16-year-old?
Up to 24 hours without a charge, extendable to 36 with approval. After that, they need a magistrate’s okay or must release them.
Can police question my child at school?
Yes, they can, and often should notify you first. If you’re not there, they should wait unless it’s urgent—though this isn’t always followed.
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