Vulnerability
Whenever police detain or question a 'vulnerable person', they must secure an appropriate adult. But this does not happen in thousands of cases every year.
Some of the people affected include:
- those with mental health conditions
- those with learning disabilities
- neurodiverse people (e.g. autism, ADHD)
The key issues
Poor identification of need
Police are required by law to secure an appropriate adult whenever there is 'any reason to suspect' someone may be a vulnerable person, as defined by the statutory Codes of Practice.
However, while an estimated 39% of police detentions include a person with a mental disorder, only 8.6% are recorded as requiring an appropriate adult.
This means that a supposedly mandatory safeguard is not being used for thousands of people every month to whom it likely applies.
No statutory provision
Police have a legal duty to secure an appropriate adult for a child or 'vulnerable person'. They must be independent from police and cannot be provided by them.
While parents and other family members often act as appropriate adult, this is not always possible. They may be a victim, a witness, unavailable or non-existent.
Local authorities have a legal duty to provide an appropriate adult for children when requested by police. But there is no equivalent legal duty to provide one for vulnerable adults.
What is PACE vulnerability?
An appropriate adult is required whenever there is reason to suspect a person may be vulnerable.
But was does 'vulnerable' actually mean?
Vulnerable to what?
The concept of vulnerability under the Police and Criminal Evidence Act is complex. If you'd like to understand more, check our our PACE vulnerability videos and other helpful resources.
Our research
Our There to Help research reports (2015-2020) use data obtained from police forces, liaison and diversion services and AA schemes. The 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.
Our activities
- We published the There to Help research reports (2015-2020)
- 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 (2015), 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.
Updates
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September 2023
Presented 2023/23 vulnerability identification data at the National Police Chiefs' Council custody forum at Sheffield University
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March 2023
PACE vulnerability videos completed.
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February 2023
Identifying PACE vulnerability webpage updated with new graphics, reflecting our latest data from police forces, covering 2021.
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September 2022
Presented our initial findings from the 2019-2021 period at the National Police Chief's Council's National Custody Forum event at the LSE
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May 2022
Began project with Dr Roxanna Dehaghani (Cardiff University) to create three 10 minute videos on PACE vulnerability for police officers, custody nurses and liaison and diversion teams.
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January 2022
NAAN submitted Freedom of Information Act requests to police forces for data on the recorded need for AAs in custody from April 2019 to December 2021.
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May 2021
Chief Constables agree to Custody Performance Management Framework. NAAN ensured inclusion of data on identification of need for AAs.
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October 2020
Launch of Vulnerability Research Network (under British Society of Criminology), co-created by NAAN
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September 2020
NAAN published There to Help 3.
Press and media
29/09/20 - The Justice Gap: Appropriate adults: police forces failing to provide safeguards for vulnerable suspects
28/09/20 - The Guardian: Report raises alarm over police detention of vulnerable suspects in England and Wales
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