Appropriate Adult Under PACE: A Guide for Care Staff

When a person with a mental health condition, learning disability or dementia is arrested, they may not understand what is happening or what their rights are. The law has a safeguard for that moment: the appropriate adult. Care and healthcare staff are sometimes asked to take on the role, or to help someone they support get one. This guide explains what the role is, when it applies and where its limits lie.

It is general information based on the Police and Criminal Evidence Act 1984 (PACE) Code C, not legal advice. If someone you support is in custody, ask the custody officer and a solicitor for advice on the specific case.

What is an appropriate adult?

An appropriate adult is a person who supports someone in police detention or a police interview who is under 18 or is vulnerable. PACE Code C defines a vulnerable person as someone whose mental health condition or disorder may make it hard to understand the procedures, to understand the significance of questions, or may make them prone to confusion, to giving unreliable information or to readily accepting suggestions.

The role is separate from the police and from the person's solicitor. The appropriate adult does not give legal advice. Their job is to support the detainee, help them understand what is happening and what their rights are, and make sure the process is fair.

When must police arrange one?

Under PACE Code C, custody officers must make sure an appropriate adult is called when a detainee is a juvenile or a vulnerable person. The Code also requires an appropriate adult to be present for key steps such as being informed of rights, cautioning and interviews. The custody officer must assess whether someone may need one based on age or vulnerability. If officers are unsure, the Code's approach is to err on the side of treating the person as vulnerable and arranging support.

Who can act as an appropriate adult?

For an adult who is vulnerable, Code C says the appropriate adult may be:

• a relative, guardian or other person responsible for their care or custody
• someone experienced in dealing with vulnerable people who is not a police officer or employed by or working for the police
• failing those, some other responsible adult aged 18 or over who is independent of the police

The Code also makes clear that some people should not act. These include anyone who is suspected of involvement in the offence, is the victim or a witness, is involved in the investigation, or has received admissions from the detainee about it. A solicitor or independent custody visitor cannot act as the appropriate adult.

This matters for care workers. If a staff member witnessed an incident at the care home, or if the person's key worker has been told something relevant to the investigation, they may not be a suitable choice. Think carefully before agreeing, and tell the custody officer about any conflict.

What does the appropriate adult do?

Code C sets out the role. The appropriate adult should:

• support and assist the person in providing information and taking part in procedures
• observe whether the police are acting properly and fairly, and tell an inspector or above if they have concerns
• help the person communicate, while respecting their right to remain silent
• help the person understand their rights and make sure they are protected

Appropriate adults can see the custody record, ask why the person is being held and be present during procedures such as interviews, searches and identification. If questioning becomes confusing, repetitive or oppressive, they can ask for a break or raise it with the custody officer.

An important limit: no legal privilege

Unlike a solicitor, an appropriate adult is not covered by legal privilege. Code C is explicit on this. What the detainee tells you in private could, in principle, be asked about later in court. Do not question the person about the alleged offence, and tell them early on that you cannot keep what they say confidential from the police. A solicitor should always be requested alongside the appropriate adult.

Where care staff fit in

Care staff are often best placed to spot that someone is vulnerable, because they know how the person communicates, how they cope with stress and what makes them agree to things they do not mean. Practical steps include:

• telling the custody officer that the person has a learning disability, dementia, autism or a mental health condition, even if it is not obvious
• passing on a one-page communication profile, including how the person shows distress
• asking for a solicitor and an appropriate adult before any interview, not after
• recording what you said and did in the person's notes straight afterwards
• informing your registered manager and, where required, the commissioning authority

Pairing this with a clear understanding of capacity helps. Our guide to Mental Capacity Act and DoLS training explains how capacity is assessed, and best interests decision-making sets out how decisions are made for people who cannot make them. Where an arrest follows alleged abuse or harm in a care setting, learn from safeguarding adults reviews too.

Common mistakes

• Assuming the police will always spot vulnerability. They may not. Say it clearly.
• Acting as appropriate adult when you are a witness. This creates a conflict the Code is designed to avoid.
• Giving legal advice. Leave this to the solicitor.
• Treating the role as passive. The Code expects the appropriate adult to intervene when something is unfair.

Frequently asked questions

Is an appropriate adult the same as an advocate or a solicitor?

No. They support the person and the fairness of the process but do not give legal advice and are not covered by legal privilege.

Can a care home manager be an appropriate adult?

A person responsible for the detainee's care can be, unless they are involved in the investigation, a witness or the alleged victim. Consider conflicts carefully and tell the custody officer.

What if the person says they do not want an appropriate adult?

Because the safeguard exists for people who may not understand their position, ask the custody officer and the solicitor how the Code applies. Do not assume a refusal settles the matter.

Where can staff get training?

Local authorities and voluntary organisations often run appropriate adult schemes. For wider professional development, see the CPD hub.

Learnsignal will update this guide as Home Office PACE codes change.