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Legal Update: Legal O&A - Leaving children home alone

Q. With the school holidays approaching, what should I advise
parents about the law on leaving their children home alone?

A. There is no law that sets an explicit age below which a child may not be left alone, or for how long. The reason for this is that the development and maturity of a child and their ability to cope if left alone differs considerably from child to child.

For instance, a child of 13 years may lawfully be able to be left alone for a short amount of time, while for another child of 14 years, this may place them at considerable risk.

However, parents should be aware that leaving a child alone could amount to a criminal offence where to do so will put that child at risk.

Under the Children and Young Persons Act 1933, if a parent leaves a child unsupervised "in a manner likely to cause unnecessary suffering or injury to health", they could be prosecuted for child neglect.

To assess whether a child is lawfully able to be left home alone, parents should consider such factors as the child's age; their level of maturity and understanding; the length of time that they will be left alone and where they will be left; are there any obvious risks; whether the child will know what to do in an emergency; and whether the child would be distressed by being alone.

Do you have any questions?

Email them to clc@essex.ac.uk or call the Child Law Advice Line on 08088 020 008, the National Education Line on 0845 345 4345 or visit www.childrenslegalcentre.com.


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