Skip to main content

Identifying vulnerability

Every month, thousands of people with additional needs go unidentified when detained or questioned by police in England and Wales.

This means many people, including those with learning disabilities, mental illnesses, and neurodiverse people, do not get the support of an appropriate adult as required by law.

The challenge

Some people are at greater risk of unfairness

Some people experience significant barriers to effective participation in police custody or voluntary interviews conducted under the Police and Criminial Evidence (PACE) Act 1984. 

Disabling barriers can lead to miscarriages of justice and failed prosecutions.

PACE Code C defines a 'vulnerable person' as one that may:

  • be highly suggestible or eager to please
  • become confused
  • have difficulty understanding the implications of police procedures and processes
  • have difficulty understanding or the significance of what they are told, of questions they are asked or of their replies.
  • not understand or be able to exercise their rights and entitlements.

Unfairness has consequences

This may be for a wide range of reasons, for example, learning disabilities, mental health conditions, menopause, and neurodiversity (eg. ADHD and autism), combined with context and circumstance.

This does not mean people are not capable of providing evidence. It means that if their needs are not met:

  • their rights may not be fully respected
  • their welfare may be harmed
  • their ability to participate effectively may be limited.

This can lead to unreliable information being obtained, including false confessions.  In turn, this can lead to a  miscarriage of justice or a failed prosecution.

Appropriate adults are a mandatory safeguard

Appropriate adults protect a vulnerable person's interests, including their rights, welfare and participation. 

An appropriate adult is mandatory whenever police detain or interview a person who they have 'reason to suspect' may be vulnerable. 

The person who acts as the appropriate adult must be independent of the police. The police cannot provide the appropriate adult.

There are many tasks that police may not carry out without an appropriate adult being present. These include interviews, identity procedures, and some forms of search.

Failure to secure an appropriate adult may result in evidence being ruled inadmissible in court.  

Identifying the need for an AA is challenging

The PACE definition of a 'vulnerable person' is complex (as you can see from the video below). Identifying who it applies to would be a challenge for psychologists and psychiatrists using detailed assessments. Police officers often have very limited tools and training in this area, relying in their instincts, experiences and judgement.  


Most vulnerable people are not identified as needing an appropriate adult

Estimates on the number of people who are 'PACE vulnerable' have varied. 

Clinical research (McKinnon and Grubin, 2013) has shown that of detentions of adults by the Metropolitan Police Service 39% involved a person with a mental disorder* and 25.6% involved a person with psychosis, major depression, intellectual disabilities, or who researchers felt lacked capacity to consent to a questionnaire.

*In this context 'mental disorder' includes psychosocial disabilities (mental illness), learning disabilities, personality disorders, and autism, as per the Mental Health Act 1983 Code of Practice

However, our There to Help research shows these prevalence rates are not reflected in police recorded need for an appropriate adult. For every 100 adult detentions in England and Wales in 2021, only 7 were recorded by police as needing an appropriate adult. This has increased since - but only slightly. 

McKinnon and Grubin found that without access to specialist evidence-based tools, police (and unsurprisingly) significantly under-identified mental disorders amongst adults in custody. 

Chart: Adult detentions recorded as needing an appropriate adult by each force in 2021 (Source: Police forces)
Image: Illustration of the percentage of adult detentions of people with a mental disorder [red] versus for whom the need for an appropriate adult was recorded in 2021 [blue]. (Sources: McKinnon and Grubin 2013; Freedom of Information Act requests)

Identification rates vary greatly between forces

Our There to Help research has also found that recorded need for appropriate adults in adult detentions varies hugely across police forces. 

In 2021, we obtained data from police forces in England and Wales. The average rates ranged from 22% down to just 0.3% of adult detentions.

Even allowing for local population differences, this indicates that many people are not being identified.

Chart: Adult detentions recorded as needing an appropriate adult by each force in 2021 (Source: Police forces)
Chart: Adult detentions recorded as needing an appropriate adult by each force in 2021 (Source: Freedom of Information Act requests)

Identification is only part of the challenge

Liaison and Diversion (L&D) services identify vulnerability in police custody, and give advice to police decision-makers. Data from NHS England indicates that, in 2018/19:

  • 68,581 adults engaged with L&D due to mental ill health, learning disabilities and other vulnerabilities.
  • Of these people, police had secured an AA for only 1 in 5 (19.4%)
  • There were large local variations between areas
Chart: (a) Percentage of people with identified vulnerabilities engaging with L&D who also had an AA; (b) Percentage by L&D area; (c) Information about L&D clients in police custody for whom an AA was not secured (Source: There to Help 3 / NHS England)
Chart: (a) Percentage of people with identified vulnerabilities engaging with L&D who also had an AA; (b) Percentage by L&D area; (c) Information about L&D clients in police custody for whom an AA was not secured (Source: There to Help 3 / NHS England)

Identification varies by condition

Data from NHS England's Liaison and Diverson services show that expert identification of conditions does not always mean that police will secure an appropriate adult. 

It also shows that certain conditions are much more closely associated with people getting an appropriate adult. 

Some of the conditions most likely to get an AA are ones that are rarely recorded, such as dementia. While some more common conditions, such as depression, are unlikley to result in an AA. 

Chart: Adult detentions recorded as needing an appropriate adult in custody in 2017/18, by availability of AA schemes  (Source: There to Help 2, 2019)
Chart: Adult Liaison and Diversion cases in police custody during 2016/17 in which a mental health diagnosis was identified and it was known whether or not an AA was used (Source: There to Help 2, 2019 p.65)

Identification is lower if there is no AA scheme

The challenge of identification (or at least recording) is llinked to the availabiilty of approrpiate adult support. 

There to Help 2 (2019) evidence that, in relation to custody, police are half as likely to record the need for an AA where there is no organised AA scheme for adults.

Though the requirement on police is the same, local authorities have a statutory duty to provide an appropriate adult when needed for a child, but not for a vulnerable person.  

Chart: Adult detentions recorded as needing an appropriate adult in custody in 2017/18, by availability of AA schemes  (Source: There to Help 2, 2019)
Chart: Adult detentions recorded as needing an appropriate adult in custody in 2017/18, by availability of AA schemes (Source: There to Help 2, 2019)

Identification is lower in voluntary interviews

There are clear benefits for children and vulnerable adults attending voluntary interviews, wherever detention is not necessary. However, there are also increased risks that the process will not be fair.

Compared to custody officers, investigating officers may be less familiar with how to identify vulnerable people, and the relevant safeguards.

Our There to Help research indicates that adults who attend voluntary interviews are much less likely to be recorded as needing an appropriate adult. 

Chart: Adult detentions recorded as needing an appropriate adult in custody and voluntary interviews in 2018/19 (Source: Police forces)
Chart: Adult detentions recorded as needing an appropriate adult in custody and voluntary interviews in 2018/19 (Source: There to Help 3, 2020)

Identification is improving...slowly

There is still a long way to go but things are improving. 

Since we began raising awareness through our first There to Help report in 2015, recorded need for appropriate adults has been improving. 

In 2012/13, police forces recorded the need for an AA in only 2.7% of adult detentions. By 2021 this had risen to 7.3%. 

But that is still far below the best available evidence on how many people meet the criteria for support. 

With the launch of our new tracker and training videos (below), we're looking forward to accelerating that change. 

Chart: Adult detentions recorded as needing an appropriate adult in England and Wales 2012-2020 (Source: Police forces)
Chart: Adult detentions recorded as needing an appropriate adult in England and Wales 2012/13 to 2022/23 (Sources: There to Help 1, 2 and 3; Freedom of Information Act requests)

Change is uneven

Although the national average is increasing, that progress is uneven across England and Wales.

Some forces have increased slowly but consistently.

Others have seen very significant increases over short periods of time. 

While others have remained consistently low (or high).

For more detail, see the tracker below.

Our research

We've been researching the identification of vulnerable people in police custody and voluntary interviews since 2015.

To find out more take a look at our There to Help research series or select an individual report. 

Vulnerability identification tracker

Wondering how well your force is doing?

Thanks to the kind support of digital transformation company UBDS, we've created the vulnerability identification tracker.

Based on the data from the There to Help research series, the tracker lets you see how well each force is doing on vulnerability identification, month by month.  

Users can compare:

  • individual forces over time,
  • other local or similar forces, or
  • England and Wales with Northern Ireland.

PACE vulnerability videos

How can we improve identification?

We've developed three training videos aimed at professionals involved in identifying PACE vulnerability, for example:

  • police officers
  • detention officers
  • custody healthcare (forensic nurses and physicians)
  • NHS England liaison and diversion 

Want to know more...?

Policy

Vulnerability

We're are not just working on identification. Did you know that while local authorities have a legal duty to provide an appropriate adult for children, there's no equivalent duty to provide one for vulnerable adults?

Click below to find out more, and catch up on our latest activities, updates and media.

Policy

Our priorities

We're working on a wide range of policy and practical issues, including:

  • Vulnerable adults
  • Children
  • Voluntary interviews
  • Strip and intimate searches
  • Remote legal advice
  • Accountability 

Information

About AAs

The role of the appropriate adult is to safeguard the interests, rights, entitlements and welfare of children and vulnerable people who are suspected of a criminal offence, by ensuring that they are treated in a fair and just manner, and are able to participate effectively.