Neurodiversity and the Role of the Appropriate Adult in Police Custody

More Than Just a Parent for Teens

What most people don’t realise is that the role of the appropriate adult extends far beyond just supporting children in custody. We take a closer look at Neurodiversity and the role of the appropriate adult in police custody.

Adults with neurodivergent conditions such as autism, ADHD, learning disabilities, or other mental health vulnerabilities, are equally entitled to this protection under UK law. And when police officers fail to recognise this, the consequences can be devastating, not just emotionally, but legally.

If you’ve watched the hit Netflix drama Adolescence, you’ll remember the gut-wrenching scene where a teenage boy is arrested and his panicked father is called to the police station as his “appropriate adult.” For many viewers, this was their first real exposure to the legal concept: a protective figure brought in to safeguard the rights of a vulnerable suspect; most commonly someone underage.

What Is an Appropriate Adult?

An appropriate adult is not a solicitor and doesn’t give legal advice. Their role is to act as a safeguard to support vulnerable suspects and ensure they’re treated fairly during their time in police custody.

This includes helping the detainee:

• Understand their rights
• Participate in interviews and legal processes
• Avoid self-incrimination through confusion or coercion

Appropriate adults can be parents, guardians, trained volunteers, or professionals but the key point is that they must be called in whenever the detainee is vulnerable.

Neurodivergence Triggers a Legal Duty

Too often, police officers focus only on age when deciding whether an appropriate adult is needed. But under PACE Code C paragraph 1.4, the legal duty is much broader:

And even if a healthcare professional says otherwise, that does not override the police’s duty. In fact, PACE makes it clear:

So if a detainee tells the police they have autism or ADHD, that disclosure alone should trigger safeguards including:

• An appropriate adult
• Adjustments in how rights are explained
• Extra care around interviews, testing, and procedures

Functional Assessments: What’s Really Needed

It’s not just about labels or diagnoses. A person with autism may present in a totally different way from another with the same condition. That’s why custody staff must also consider the need for a functional assessment; a review of how the person’s condition affects them in that specific moment.

Neurodivergence can impact attention span, communication style, understanding of consequences, or ability to process complex information under stress, all of which are highly relevant in the context of breath tests, interviews, and consent to provide samples.

Case Law: DPP v Miller [2006] EWHC 1219 (Admin)

This point was powerfully illustrated in the case of DPP v Miller. The defendant, who had a recognised mental health condition, was charged with failing to provide a specimen for analysis under the Road Traffic Act.

The police failed to recognise his vulnerability and did not call an appropriate adult. As a result, the High Court held that his rights under PACE had been breached. The absence of an appropriate adult meant that he had not been able to understand or engage properly with the request to provide an evidential specimen. The failure to provide charge that followed was ruled unsafe and he was acquitted.

The Court was clear: even where a detainee appears to be functioning reasonably, police must not assume capacity or understanding without proper assessment. Failure to follow Code C and safeguard vulnerable individuals will likely render evidence inadmissible or charges unsustainable.

Why This Matters in Drink and Drug Driving Cases

In cases where someone is arrested for drink or drug driving, a single breath, blood or urine sample and the context in which it was obtained can make or break the case.

If the person is neurodivergent and wasn’t offered the protections of an appropriate adult:

• Their understanding of the legal consequences may have been impaired.
• Any refusal to give a sample may not have been willful or deliberate.
• Interviews or statements may be deemed unreliable or unfair.

When the police fail to follow the law, it can undermine the entire foundation of the prosecution.

This Isn’t Just TV-It’s Your Legal Right

While Adolescence offered a powerful and emotional portrayal of police custody and the role of an appropriate adult, there were many elements that we, as legal professionals, had to put down to poetic licence. Not everything depicted was strictly realistic but it did succeed in bringing the concept of the appropriate adult into public consciousness.

In real life, the situation is often more complex, especially for adults with neurodivergent conditions. The law is clear: they are entitled to the same safeguards as any other vulnerable suspect, and police officers cannot treat vulnerability as an afterthought.

Failure to assess and provide for these needs is not just unfair; it is often unlawful, as the case of DPP v Miller confirms.

If you or someone you care about was detained without the proper safeguards in place, whether due to ADHD, autism, or another condition, you may have a valid legal challenge.