`Significant shortcomings` in vulnerable adult suspect provision

Up to a quarter of a million people who have learning disabilities, mental illness or autistic spectrum disorders are not receiving the support of an ‘appropriate adult’ while being detained or questioned by police in England and Wales, despite it being a legal requirement.

Appropriate adults (AA) safeguard the welfare and rights of children and mentally vulnerable adults detained or interviewed by police.

The role includes ensuring effective communication, welfare and fair treatment for vulnerable people, as well as helping them exercise their rights – such as having a legal advisor present.

A report entitled There to help, produced by the National Appropriate Adult Network (NAAN) and commissioned by the Home Secretary, estimated that 11 per cent of adult suspects require an AA and that the cost of ensuring full provision is £19.5 million – more than six times the current budget.

It concluded that there are significant shortcomings in current provision for mentally vulnerable adult suspects, particularly in terms of inadequate police identification of suspects’ vulnerabilities and their need for AAs, as well as the limited availability and variable quality of AAs.

Research by NAAN shows appropriate adults are currently only used in around 45,000 of the 1.4 million detentions and voluntary interviews of adults that take place each year.

The report noted that police were least likely to identify vulnerability in areas with no organised AA scheme and that some custody officers reported spending hours trying to find a suitable AA; sometimes resulting to asking random members of the public or proceeding without one.

The report recommended that:

•AA provision should be established within a clear and consistent national framework for local co-commissioning;

•All custody officers should receive training on vulnerability and AAs;

•Consideration should be made to amend the Police and Criminal Evidence Act 1984 to establish an explicit statutory duty on police officers to secure an AA for all mentally vulnerable adults;

•To consider establishing a statutory duty to ensure provision of an AA when requested by police; and

•To provide short-term programme funding of £3 million to £5 million per year to support the inclusion of AA provision within mainstream budgets – subject to treasury approval.

Chief Executive of NAAN Chris Bath said: “People with learning disabilities, mental ill health, traumatic brain injuries or autistic spectrum disorders are some of the most vulnerable citizens and state detention is perhaps the most vulnerable situation. We have a moral and a legal duty to ensure appropriate adults are available wherever people live.”

Home Secretary Theresa May said: “The status quo is not acceptable and I am concerned vulnerable adults are not always receiving the support of an appropriate adult. We are currently examining the recommendations and implementation options to ensure they are provided with the support they are entitled to.

Police and crime commissioner for Dorset and chair of the Independent Custody Visitors Association Martyn Underhill said forces are clearly not getting it right for vulnerable people.

“When a vulnerable person comes into contact with the police, their needs deserve to be properly identified, with a needs assessment made, and for them to then be dealt with quickly and fairly. For this to happen, every area needs an organised, trained AA scheme which is totally independent of the police.”

A National Police Chiefs’ Council spokesperson said it will be working with NAAN, the Home Office and local authorities to improve the current service to vulnerable adults who find themselves in contact with the police.