Parents risk criminal record because law is unclear about when they can leave children home alone, MP warns Ministers urged to issue guidance on the age when children can be trusted
Government says there is no law on the issue and points to NCPCC
Lib Dem MP John Hemming says: 'The law should always be clear'
Mother in battle to remove caution for leaving her son eight years ago
By Matt Chorley
Political Editor for MailOnline
Published 9 November 2014
Parents risk being branded criminals if they leave their children home alone because the law on neglect is not clear, it was warned today.
The government is being urged to issue guidance on the age at which youngsters can be trusted on their own, and for how long.
It follows a case of a mother struggling to get a job as a mental health nurse after leaving her six-year-old son for 45 minutes eight years ago.
There is nothing in the law about when children can be left home alone, only a warning that they must not be put at risk
There is nothing in the law about when children can be left home alone, only a warning that they must not be put at risk
At present the law does not state an age when a parent can leave a child on their own.
It is, however, an offence for a child to be put at risk by not being supervised.
The Department for Education directs parents to the NSPCC for information.
However, Lib Dem MP John Hemming is calling for the government to be clearer about the circumstances in which parents could be cautioned or prosecuted by police.
'It is not at all clear for how long and at what age children can be left alone,' he told The Sunday Times.
'Nor is it clear whether leaving them alone is either not an issue, a child-protection issue or a criminal issue.
'I sent my daughter, then aged 10, on the train from Birmingham to stay with my mother in Devon. There were no changes and she was met at the other end. Was that acceptable?'
He went on: 'I find it odd that whereas it is lawful to send the child to the park and leave them there, it is not lawful to leave them home alone.
'My main concern in all this is clarity. The law should always be clear. We need a debate about what the rules should be.'
MP John Hemming is calling for the government to be clearer about laws on parents leaving children at home.
WHAT THE GOVERNMENT SAYS...
The law doesn’t say an age when you can leave a child on their own, but it’s an offence to leave a child alone if it places them at risk.
Use your judgement on how mature your child is before you decide to leave them alone.
The National Society for the Prevention of Cruelty to Children (NSPCC) says:
Children under 12 are rarely mature enough to be left alone for a long period of time
Children under 16 shouldn’t be left alone overnight
Babies, toddlers and very young children should never be left alone
Parents can be prosecuted if they leave a child unsupervised ‘in a manner likely to cause unnecessary suffering or injury to health’.
It follows the case of a women called Joan who eight years ago left he son, aged six at the time, while she had a driving lesson – her last before her driving test.
'We went to the school but it was closed. There was no one home to look after him. He was in no danger when I left him,' she told the newspaper.
She returned to find the police on her doorstep after a nurse called at the house and the boy answered the door.
Joan went to her local police station and was given a caution, which has since meant she struggled to pursue her chosen career as a mental health nurse. She is now trying to have the caution removed.
She added: 'I applied to five universities to study and four did not accept me because of this caution,' she said. 'I am now trying to get this removed. My son is 14, at school and absolutely fine.'
A spokesman for the Department for Education said 'The law is clear that parents can be prosecuted if they leave a child unsupervised in a manner likely to cause unnecessary suffering or injury to health. It is vital children be kept safe.'
A page on the gov.uk website states: 'The law doesn't say an age when you can leave a child on their own, but it's an offence to leave a child alone if it places them at risk.
'Use your judgement on how mature your child is before you decide to leave them alone.
'The National Society for the Prevention of Cruelty to Children (NSPCC) says:
· children under 12 are rarely mature enough to be left alone for a long period of time
· children under 16 shouldn't be left alone overnight
· babies, toddlers and very young children should never be left alone
'Parents can be prosecuted if they leave a child unsupervised 'in a manner likely to cause unnecessary suffering or injury to health'.'
www.dailymail.co.uk/news/article-2827324/Parents-risk-criminal-record-law-unclear-leave-children-home-MP-warns.html
