SOPs on arresting a parent with parental responsibility

Freedom of information request reference no: 01.FOI.22.027015

I note you seek access to the following information:

1. I would like to know what the police guidelines are in relation to the police making an arrest of a parent with parental responsibility who is home alone with young children aged under 11 at the time when the police arrive to make the arrest.

2. I would like to know the guidelines in relation to whether a parent in this situation is allowed to make arrangements for the children to be collected by a nominated person such as a family member or relatives of the children, before the police arrest and take the parent into custody.

3. I would like to know under which circumstances can the police not allow a parent who is alone at home with children to arrange for the children to be collected by a nominated person such as a family member or relatives of the children.

4. I would like to know what the guidance is for the police if they are to arrest a parent in the scenario in point 1, when the arrest is in relation to a domestic abuse allegation.

Decision

I have today decided to disclose some information to you. Some of the information is not held.

Please find below information pursuant to your request above.

Q1 - I would like to know what the police guidelines are in relation to the police making an arrest of a parent with parental responsibility who is home alone with young children aged under 11 at the time when the police arrive to make the arrest.

The MPS has no set guidance or SOP in relation to this request and this is because there are too many factors to consider and, if there was a blanket guideline to not arrest, this could be exploited by those wishing to evade arrest. Each case is therefore assessed on its individual merits. An officer would assess the need to make an arrest at that time and this would depend on several factors which can include, e.g., whether that parent is the suspect for a crime against those children or whether any evidence is likely to be lost by not making an arrest, etc. For example, if the parent was left there and not arrested, they could erase evidence off their phone, they could alert other suspects who could escape or destroy evidence, etc.

Q2 - I would like to know the guidelines in relation to whether a parent in this situation is allowed to make arrangements for the children to be collected by a nominated person such as a family member or relatives of the children, before the police arrest and take the parent into custody.

As above, there is no set guidance and this will be entirely dependent on the individual circumstances. For example, if the parent was drunk, unwell, violent, etc., then it would not be possible or appropriate for them to make arrangements under those circumstances. Appropriate checks would be done by the police before any consideration is given to leaving children with another person, e.g., police and Children’s Social Care checks would have to be done to ensure that children are not being left with anyone unsuitable. It may be that the person suggests someone with whom the police could not leave the children, even if the parent regularly leaves them with that person. If no one suitable is found, Police Protection powers would be used and, in the short term, foster care may be used.

Q3 - I would like to know under which circumstances can the police not allow a parent who is alone at home with children to arrange for the children to be collected by a nominated person such as a family member or relatives of the children.

As explained above, each situation is dealt with independently, based on the individual circumstances. Please refer to the examples given above.

Q4 - I would like to know what the guidance is for the police if they are to arrest a parent in the scenario in point 1, when the arrest is in relation to a domestic abuse allegation.

This scenario is answered above, where the parent is the suspect in a domestic abuse allegation and they happen to be in charge of their children when an arrest is made. In domestic abuse cases, it is possible that the children may also be victims of domestic abuse or have been traumatised by witnessing it. Safety of the victim, preservation of evidence and wider safeguarding issues would all be considered.