In England and Wales, tens of thousands of people with mental illnesses, learning disabilities, autistic spectrum disorders and other mental vulnerabillities are not getting the support that they are legally entitled to when they are detained or otherwise questioned by police.
Some people are 'mentally vulnerable' in the context of being detained or interviewed voluntarily by police. This includes, but is not limited to, people with:-
- mental illness
- learning disabilities
- autistic spectrum disorders
- neurodevelopmental disorders
- traumatic brain injuries
People who are mentally vulnerable may be prone to:
- unintentionally providing unreliable information
- being highly suggestible
- being eager to please
- becoming confused
- having difficulty understanding their rights and entitlements (or exercising them)
- having difficulty understanding the implications of police procedures and processes
- having difficulty understanding the significance of what they are told, of questions they are asked or of their replies.
Without appropriate adult provision, vulnerable people:-
- may not be able to participate effectively in the process;
- are at significant risk of miscarriages of justice;
- cannot undertake many core tasks such as interviews, strip searches or ID procedures;
- may have their evidence ruled inadmissible in court, possibly causing a trial to collapse;
- may waste vaulable hours trying to locate a person to act as the appropriate adult;
- may feel forced to ask a member of the general public to act as the appropriate adult;
- may have to place a vulnerable person on bail unnecessarily.
Since the development of the Police and Criminal Evidence Act 1984 and its Codes of Practice (PACE) police have been required to contact an appropriate adult (AA) and have them present whenever the detain or question a child or mentally vulnerable adult.
Usually the AA will be a parent or family member of the vulnerable person but sometimes this is not possible because they are unavailable or not suitable (for example they may be directly involved in the case as a witness or suspect).
It is a legal requirement that the AA is independent of the police. The AA may not be a police officer employed by the police, or engaged on police purposes.
For this reason, Youth Offending Teams (YOTs) have a legal duty to ensure that a child has an AA. This means that wherever a child is arrested in England and Wales, the police will be able to secure an AA for a child. The YOT may act themselves or commission another organisation. Many AA schemes are delivered by volunteers.
There is no legal duty to provide AAs for mentally vulnerable adults on any authority, agency or organisation.
Despite this, adult social services has historically led provision. For the first ten years of its existence, AAs for adults were increasingly social workers. From the mid 1990s, following advice from the Home Office and Audit Commission, adult social services increasingly recruited volunteers. In recent years there has been an increasing trend towards commissioning AA services. Adult social services remain the largest funder nationally, as a non-statutory service this support is under severe pressure due to budget cuts.
NAAN raised the issue with the Home Office. In response, in her speech to the Policing and Mental Health Summit in 2014, Home Secretary Theresa May said:
"There is evidence to suggest that there are not enough Appropriate Adults to support vulnerable people who are in police custody. Appropriate Adults provide vital support and help to de-mystify what can be an intimidating and threatening experience. It is right that all vulnerable people can access this invaluable service. So the Home Office will commission the National Appropriate Adult Network to examine this situation and help us determine where the problems lie, and what can be done to ensure that that all vulnerable adults in police custody are able to receive the support they need from Appropriate Adults".
There to Help (2015)
The resulting report There to Help (2015) found that in the year 2013/14:
- Adults who are mentally vulnerable were significantly under-identified in police custody
- There was a substantial lack of provision of appropriate adult provision for mentally vulnerable adults in many parts of England and Wales.
The report made 10 recommendations.
There to Help 2 (2019)
In May 2019 NAAN published a further report, this time based on the year 2017/18. It found that since the original There to Help report :
- Police identification of vulnerable suspects had improved but remained much lower than the actual rate of prevalence
- Many adult suspects who were recorded as vulnerable by Liaision and Diversion services were not provided with an appropriate adult
- The availability of appropriate adult schemes had improved but significant gaps remained.
The report made 14 recommendations.
- 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 MicKinnon (Newcastle University), Tricia Jessiman (University of Bristol) and Roxanna Dehaghani (University of Leicester).
- We have been supporting qualititative 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 officals in developing the group's membership and terms of reference. We remain a key member of the working group, in addition to having a seat at the PACE Strategy Board.
- 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 idenficiation 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 Reoprt 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 physcial / healthcare risks but also criminal justice risks arising out of mental vulnerability.
- The Scottish Government published an analysis of responses to its public consultation on establishing a statutory appropriate adult service.
- The Association of PCCs wrote to Policing Minister Nick Hurd MP to formally request that local authorities are given a clear statutory responsibility for the provision of appropriate adults for vulnerable adults (along with three other 'asks').
- NAAN submitted Freedom of Information Act requests to all territorial police forces and British Transport Police. The requests seek find out whether the percentage of adults identified as needing an AA has changed since There to Help. Data was also requested from NHS England's liaison and diversion programme and NAAN members. This will be analysed and inform a new report providing an update on changes since There to Help (2015).
- The Association of PCCs released a statement welcoming the national focus and setting out proposed next steps, including a statutory duty on local authorities.
- Policing Minister Nick Hurd MP wrote to all PCCs and directors of adult social care to highlight the new partnership agreement.
- The Home Office published a partnership agreement setting out a framework for PCC and local authorities to work together locally to solve the lack of provision of AAs for adults. The Home Office committed to reviewing the effectiveness of the agreement after 6 months and 12 months.
- The Home Office published significant revisions to the Police and Criminal Evidence Act Codes of Practice (PACE Codes) including redefining which adults an AA is required for and requiring police to make 'reasonable enquiries' as to what information is available about a person's potential vulnerability.
- NAAN published a guide to the revisions to the PACE Code, to assist appropriate adult schemes and police to implement the changes.
- The Scottish Government launched a consultation on its intention to establish a statutory appropriate adult service in Scotland. It later published a range of submitted responses.
- Lord Paddick, Liberal Democrat Home Affairs Spokesperson, raised the issue of AA provision for adults in a Lords debate on the revised PACE Codes. For the Government, Baroness Manzoor responded that, "The Government are aware of the problems and keen to work towards resolving them. We will shortly be introducing a voluntary national framework to address this issue. There will be more work and closer partnerships between the PCCs, police forces and other authorities to find solutions to this issue".
- Alistair Carmichael, Liberal Democrat Chief Whip raised the issue of appropriate adults for vulnerable adults with Policing Minister Nick Hurd in a debate in Parliament on People with Mental Health Problems: Detainment
- Members of Parliament, including Shadow Minister Kevin Brennan and Policing Minister Nick Hurd discussed the issue of AAs for adults as part of a debate in Parliament (Criminal Justice System: Adults with Autism).
- The Government response to the Report of the Independent Review of Deaths and Serious Incidents in Police Custody referenced There to Help, the working group, forthcoming changes to the PACE Codes and a forthcoming partnership agreement between local authorities and PCCs.
- Policing Minister Nick Hurd MP wrote to all Police and Crime Commissioners, asking for support for a voluntary partnership approach with AA provision/commissioning led by local authorities and supported by PCCs
- Luciana Berger MP (Labour) asked in a written question whether the Home Secretary make statutory provision of appropriate adults for vulnerable adult detainees. Policing Minister Nick Hurd highlighted the There to Help report and the Home Office working group but replied that, "There are currently no plans to introduce a specific statutory requirement concerning provision".
- The Home Office working group met for the fourth time. The meeting focused on: (a) finalising proposed changes to PACE Code C; (b) an analysis of the costs of statutory provision undertaken by a Home Office economist; (c) draft commissioning guidance and (d) linking projects related to improving identification.
- NAAN held a meeting to develop links between separate work currently being undertaken by the Home Office, National Police Chief's Council, College of Policing and NHS England Liaison and Diversion on improving the identification of vulnerability by police.
- The Local Government Association (LGA) Community Wellbeing Board discussed an LGA Review of Appropriate Adult provision for vulnerable adults, developed in response to There to Help (2015). The paper set out seven future options for the provision of AAs for vulnerable adults and asked the Board to select one or develop a new one. The Board. The Board did not agree to support any of the seven future options included in the report and did not propose an alternative.
- The Report of the Independent Review of Deaths and Serious Incidents in Police Custody, led by Rt. Hon. Dame Elish Angiolini DBE QC, recommended that: "Increased funding is required for appropriate adult schemes within a national framework for commissioning. This should include improved training and consistency of Appropriate Adult services".
- The Home Office's Crime and Policing Knowledge Hub's researcher reported back to the Home Office Police Integrity and Powers Unit. The report estimated the number of adults living in areas that do not have AA coverage and the additional costs for AA provision (in custody only). It concluded that the figures were "broadly comparable with the findings of the NAAN report".
- The Home Office working group met for the third time, to discuss findings of further research by the Home Office and separately by the University of Bristol, potential changes to PACE and potential solutions to the issue of provision. The Home Office and NAAN agreed to collaborate on commissioning guidance for AA schemes for adults.
- NAAN gave verbal evidence to Dame Elish Angiolini and made a written submission to the Independent Review of Deaths and Serious Incidents in Police Custody.
- The Home Office working group met for the second time. Officials later concluded that further research is required and will seek additional resources to set up an additional research project to be delivered by the Home Office's Crime and Policing Knowledge Hub. This will involve officials visiting a range of appropriate adult schemes with different models of delivery and commissioning, discussing issues with providers, commissioners and police.
- NAAN is supporting work by academics at University of Bristol to research adult social care involvement in the provision of appropriate adults, and engage with service users.
- The new Home Office working group has met for the first time, intiially with representation from organisations including Ministry of Justice, NPCC, NHS England, ADASS, LGA, College of Policing, Care not Custody Coalition, plus notable individuals including Lord Keith Bradley, Professor Gisli Gudjonsson and Police and Crime Commissioner Martyn Underhill (national lead on mental health). The meeting focused on terms of reference and identifying potential members for the group.
- There to Help, the report of the Home Secretary's commission has been published and is available to download. Theresa May MP ordered the establishment of a Home Office working group (reporting to the PACE Strategy Board) to consider our report's findings and recommendations.
- The Home Secretary and the Minister for Policing have written to NAAN thanking us for our report and setting out the next steps. We are working with the Home Office on a publication date.
- NAAN has submitted its report, There to Help, to Home Secretary Theresa May.
- NAAN has now been formally commissioned by the Home Office to undertake a research project in relation to AAs for mentally vulnerable adults. We have asked the Institute of Criminal Policy Research to work in partnership with us on the project.
- NAAN 10th Anniversary event at the House of Lords. Lord Bradley, Chris Bath and Superintendent Alan Greene (representing the national policing lead for custody) repeat the call for a statutory duty to provide AAs for vulnerable adults.
- The Home Secretary announced that she will commission NAAN to consider the problems and solutions to ensure vulnerable adults receive the support they need from AAs. The Home Secretary recognised that The Home Secretary noted that, "There is evidence to suggest that there are not enough Appropriate Adults to support vulnerable people who are in police custody...It is right that all vulnerable people can access this invaluable service.”
- The Avon & Somerset PCC, Sue Mountstevens, supports NAAN's call for a clear statutory position on provision for vulnerable adults. In the meantime, Ms Mountstevens has secured Appropriate Adult scheme coverage in the south of the force area and is currently in negotiations regarding the north area. The PCC will take on majority of funding responsibility for Appropriate Adults for vulnerable adults across the Avon and Somerset Police area from April 2015. The PCC supports NAAN's call for a clear statutory position on provision for vulnerable adults.
- NAAN's President, Lord Patel of Bradford, delivers speech in House of Lords [video] on need for statutory provision. Read the text version.
- The Derbyshire Police & Crime Commissioner, Alan Charles, has promised one-off funding to Derbyshire Appropriate Adult Service, a member of NAAN, to support continued provision of AA services. Mr Charles has published a strongly worded statement making clear that a long term solution is required.
- NAAN provides a briefing for Norman Lamb (Minister of State for Care & Support): Liaison & diversion and the provision of appropriate adults for mentally vulnerable adults.
- NAAN publishes the position paper Who's looking out for the adults? setting out the problem and how the Government's development of Liaison & Diversion services provides an opportunity (and an imperative) for change.