Is it legal for police to interview a 3 year old child without a parent or guardian present? | LawHive - Solicitors & Lawyers Online
Is it legal for police to interview a 3 year old child without a parent or guardian present?
Last week in a relation to an incident at the park my 3 year old daughter was taken today for an interview by police by herself for 20 minutes, no parents, guardians were present. can you offer me legal advice as I am her mother and i was not involved in the incident. As I feel uncomfortable leaving her alone with strangers.

Anonymous

23rd April 2022

1 upvote

Top Answer
Nq who was she at the park with? Have you spoken to the person who was looking after her? Did that person accept for this to happen? It's a bit shocking that a 3yo would be questioned at all let alone with a guardian.

Marcia Middleton

23rd April 2022

1 upvote

NQ, I believe it's how they interview children my son was about 8 and he was interviewed by 2 people and no other people was present.

Ivette Clawson

23rd April 2022

Qualified youth worker, and a parent who has experienced police involvement with my children after an incident with their father. Any child under 18 should have an appropriate adult with them when they speak to the police. This can be a social worker or advocate, parent, family etc, however unless there has been some formal process (you being arrested, children being removed by social care, they can’t tell you you arnt allowed, though if they say that’s what they want to do and you allow it, they consider you have agreed/ consented. They will want to speak to the child without you to give them the chance to disclose any abuse or issues that they might feel uncomfortable doing with you in the room, but it is your child and you have the right to be there if you think it is the best thing. I was told the police and social worker were going to the school to speak to my children, when I said I will be there to support them, they said -that’s not how we usually do it. I went and explained to my children what was happening and why and that I would be outside if they needed me, when one of them became really upset I was called in and stayed there. They can’t stop you, but can use their ‘professional power’ to make you feel uncomfortable objecting

Margaret Garcia

23rd April 2022

Speak to a solicitor as soon as possible and explain in detail what has happened. Obtain the full details of the individuals that spoke to your child.

Admin

23rd April 2022

NQ. Sometimes children are afraid to say bad things infront of the parent in case it upsets them so they hold back from telling all the info so they interview little ones alone. These are highly trained professionals who often use play for the child to open up. This can be games, dolls, drawings and are in very very safe comfortable hands. If you are worried maybe speak to a social worker who can stand in the interview as an independent party. So sorry your little one is going through this and can’t imagine what you are all feeling ♥️

Joanne Johnson

23rd April 2022

3 upvotes

NQ - however I know of someone who had something similar happen and they also interviewed the child of a similar age to yours separately away from parents and guardians. There was a appropriate adult/social worker present so they were not alone. I think it will depend on the nature of the incident, from looking at your comments and seeing she has to have a medical I can put two and two together to get the jist of what may have happened, and I would presume that this may be why you were not invited to be present. But If it were my child, I would certainly be asking the police why and getting a solicitor if needed.

Dotty Baker

23rd April 2022

1 upvote

NQ . all minors need a legal guardian when question by the police .

Irving Crist

23rd April 2022

Nq does your child attend a nursery setting, could maybe one of the people there attend with her, that way she can't be influenced by a parent in anyway but has someone she knows with her?

Lynn Tate

23rd April 2022

1 upvote

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