In England and Wales, hundreds of thousands of people with mental illnesses, learning disabilities, autistic spectrum disorders and other mental vulnerabilities are not getting the support that they are legally entitled to when they are detained or otherwise questioned by police.
Some adults are at risk of an unfair processes
Adults with mental illnesses, learning difficulties and disabilities, autism spectrum conditions and other needs, face significant barriers to effective participation in police investigations.
People who are mentally vulnerable may be prone to unintentionally providing unreliable information. They may be highly suggestible or eager to please. They may become confused. They may have difficulty understanding the implications of police procedures and processes or the significance of what they are told, of questions they are asked or of their replies. They may not understand or be able to exercise their rights and entitlements.
Disabling barriers in custody and voluntary interviews can lead to miscarriages of justice and failed prosecutions.
Appropriate adults provide a safeguard
The appropriate adult (AA) is a mandatory procedural safeguard for suspects who may be mentally vulnerable.
Under the Police and Criminal Evidence Act 1984 Codes of Practice (PACE) police must contact an AA and have them present whenever the detain or question a child or mentally vulnerable adult.
Without an appropriate adult to support the person, police should not undertake many core tasks such as interviews, strip searches or ID procedures. Failure to secure an AA may result in evidence being ruled inadmissible in court, possibly causing a trial to collapse.
Poor identification of vulnerability
Clinical interviews have shown that 39% of adults in police custody have a mental disorder and 25.6% have psychosis, major depression, intellectual disabilities or lack capacity to consent to a research questionnaire (McKinnon and Grubin 2013, 2014).
In sharp contrast, police recorded the need for an AA in only:
- 2.7% of detentions of adults in 2012/13
- 3.1% of detentions of adults in 2013/14
- 5.9% of detentions of adults in 2017/18.
No statutory duty to provide appropriate adults
It is a legal requirement that the AA is independent of the police. Usually the AA will be a parent or family member - but this is not always possible. Local authorities have a legal duty to ensure that a child has an AA. But there is no legal duty to provide AAs for mentally vulnerable adults.
This can result in vulnerable people not being recorded as needing an AA, extended detention times as police locate a person to act as AA, and potentially untrained members of the public to acting as AA.
Adult social services have historically led AA provision for adults, often through volunteers. However, as a non-statutory service this is under severe pressure. In recent years there has been increasing involvement from policing to fill in the gaps, raising questions about the independence of AAs.
In 2013/14, 52% of local authority areas had no organised AA scheme for vulnerable adults. Following NAAN's There to Help (2015) report, this rose to 82% by 2017/18. However, some areas still have no funded or organised provision.
We have published several reports under our There to Help research series (2015-2020). Our research uses data from police forces, liaison and diversion services and AA schemes.
These research reports:
- Evidence the significant gaps in the identification of vulnerable suspects, application of AAs by police and the availability of organised AA provision
- Track the impact of policy change on real world performance
- Provide recommendations for policy and practice.
- We co-created the British Society of Criminology's vulnerability research network and sit on its steering group
- We are creating connections with, and between, leading academics with an interest in mental vulnerability in police investigations. These include Professor Gisli Gudjonsson (King's College London), Dr Iain McKinnon (Newcastle University), Tricia Jessiman (University of Bristol) and Roxanna Dehaghani (University of Leicester).
- We have been supporting qualitative research by the Home Office's Crime and Policing Knowledge Hub, looking at the effectiveness of different models of AA provision and commissioning.
- We have been using both broadcast and social media to raise awareness amongst vulnerable adults, their supporters and front line police officers.
- We have been developing our networks and using speaking opportunities to engage with politicians, government officials, senior police officers, health and social care professionals and other strategic stakeholders.
- Following the publication of There to Help, the Home Secretary established a Home Office working group on the issue, reporting to the national PACE Strategy Board.
- NAAN supported officials in developing the group's membership and terms of reference. NAAN was a key member of the working group, and continues to hold a seat on the PACE Strategy Board.
- NAAN submitted a response the Home Office's public consultation on the revision of PACE codes C (detention) and E (audio recording of suspect interviews) in response to coronavirus. In particular this related to the risks of allowing remote legal advice and representation.
- Work began on There to Help 3 (2020) report, based on data from police forces and L&D.
- NAAN submitted Freedom of Information Act requests to all police territorial police forces in England and Wales, plus British Transport Police, Police Service of Northern Ireland and the Department for Work and Pensions. The requests asked for data on the recorded need for AAs in the year to March 2019, in custody and voluntary interviews.
- NAAN requested data from NHS England Liaison and Diversion National Programme Team on the extent to which police had used the AA safeguard amongst L&D clients in the year to March 2019.
- Addressing the NHS England event The Bradley Report 10 Years On – a review of progress and next steps, Lord Bradley, author of the seminal Bradley Report (2009) which highlighted the importance of identification and effective AAs, said "We have to get statutory provision of appropriate adults for vulnerable adults".
- In ten years time (2019), a report by Revolving Doors Agency and Centre for Mental Health (Co-Chairs of the Bradley Report Group) referenced both There to Help (2015) and There to Help 2 (2019). The report marked 10 years since the Bradley Report and set out a roadmap for the next decade in terms of improving outcomes for people with mental ill-health, learning disability, developmental disorders or neuro-diverse conditions in the criminal justice system.
- There to Help 2 (2019) was highlighted in the ADASS (Association of Directors of Adult Social Services) bulletin and circulated to the ADASS Care and Justice Network.
- NAAN published There to Help 2 (2019), a research report providing an update on progress since the original There to Help (2015) report.
- The Guardian published an article about There to Help 2 and its findings.
- The Association of Police and Crime Commissioners published their response to There to Help 2, welcoming the report and calling for AAs for adults to be put on a statutory footing as per children.
- The Home Office sent a survey to all Police and Crime Commissioners, with a letter from the Policing Minister, asking them about the partnership agreement published in July 2018, whether it has been implemented and what has changed. This will be used to evaluate the impact of this voluntary approach and inform decisions about future steps.
- Criminal Law Review published a paper on the July 2018 changes to the PACE definition of vulnerability by Dr Roxanna Dehaghani and Chris Bath [This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in Criminal Law Review as Vulnerability and the Appropriate Adult Safeguard: Examining the Definitional and Threshold Changes within PACE Code C Issue 3 and is reproduced by agreement with the publishers].
- Chris Bath and five leading academics wrote to the Chair of the NPCC working group on risk assessment. The letter proposed that existing plans for a new national tool be extended to include not just physical / healthcare risks but also criminal justice risks arising out of mental vulnerability.
31/05/19 - The Guardian: Report raises alarm over police detention of vulnerable suspects
31/05/19 - The Justice Gap: More than 100,000 vulnerable adults a year detained by the police without ‘appropriate adult’
09/12/15 - The Guardian: The police can't prop up other struggling services forever
26/08/15 - The Guardian (Comment is Free): It’s time we gave our most vulnerable people proper protection in custody
26/08/15 - The Guardian (Society): Appropriate adult not available for many vulnerable people in police custody
26/08/15 - ITV News Mental health patients in police custody 'not given enough support'
26/08/15 - BBC News 'Appropriate adults not being used' for many vulnerable people in custody
26/08/15 - Huffington Post Mental Health Thousands Of Vulnerable People Are Not Getting The Support They Need In Police Custody
20/11/14 - Teenager with Down's syndrome who broke into his school to retrieve his favourite hat has police record wiped after 120,000 people sign petition Daily Mail
30/01/14 - Offenders with learning disabilities failed by criminal justice agencies Community Care
30/01/14 - Offenders with learning disabilities let down by criminal justice system Learning Disability Today
30/01/14 - Offenders with learning disabilities 'not supported' BBC
10/01/13 - Care not Custody is a promise worth keeping. The The Guardian
04/01/13 - Mental health nurses to be posted in police stations. The Guardian
13/10/11 - Vital role of ‘appropriate adult’ to help vulnerable people Community Care