Yes and no. On one hand, if the requirement for the state to prove (and not suspect) abuse was increased to a criminal law standard, the Police would not be able to interfere in a family unit simply because abuse was suspected.
With particular relevance to vulnerable adults, the Police can already act to protect any adult from serious risk to life or limb or serious damage to property and these powers are conferred and governed within England and Wales from and by PACE (The Police and the Criminal Evidence Act 1984), in Northern Ireland, the Police are governed and derive powers from PACE NI and in Scotland the Police have the equivalent through Section 1 of The Criminal Justice (Scotland) Act 2016 and common law.
Regardless of whether in England or a devolved nation, there has to be a reasonable suspicion (based on evidence) before becoming involved. Secondly, the Police, despite the substantial failings of the IOPC (The Independent Office of Police Conduct), the PONI (Police Ombudsman for Northern Ireland) and the PIRC (Police Investigations and Review Commissioner), are held to higher account than Social Workers through their regulatory bodies.
Finally, the Police, despite the fact that they often act as if they are, are not the Judge, Jury and Executioner. We call for an open criminal law Court (no secret Courts or gagging orders) to test the State’s case with the system being fully transparent to public scrutiny. In Criminal law, hearsay is not evidence.
Legal Powers have always existed for the Police to act under their own volition to protect children too. In the case of children in England, the Police can already act to protect children under emergency powers conferred from Section 46 of the Children Act 1989 to remove children to a place of safety for upto 72 hours before the matter would have to be referred to a Judge – we say that should always be in open Court. In Northern Ireland, the same powers exist under Article 65 of The Children (Northern Ireland) Order 1995 and the benchmark is actually higher in Scotland under Section 56 of the Children’s Hearings (Scotland) Act 2011 where the Police can remove a child to a considered place of safety for upto 24 hours.
This is far safer than the current system where a Social Worker can essentially “pressure” a parent into a “voluntary” Section 20 agreement that lasts for years in England and Wales where the same law is abused by Social Workers under Article 21 of the Children (Northern Ireland) Order 1995 and in Scotland under Section 25 of the Children (Scotland) Act 1995.
In the case of adults, there is a grey area over how long police powers can be used without the current problematic use of Social Services that desperately requires further legislative safeguards including a time limitation. SSNC would argue that there should be a mirrored requirement, in the same way as for children, for a concern involving adults to be referred to a Judge within 72 hours.
References:
(1) Police Emergency Powers (Children)
England & Wales: Children Act 1989, Section 46. (72-hour police protection power).
Northern Ireland: The Children (Northern Ireland) Order 1995, Article 65. (72-hour police protection power).
Scotland: Children’s Hearings (Scotland) Act 2011, Section 56. (24-hour limit for police to keep a child in a place of safety before judicial/hearing involvement).
(2) The “Voluntary Agreement” Trap (Hidden Foster Care)
England & Wales: Children Act 1989, Section 20.
Northern Ireland: The Children (Northern Ireland) Order 1995, Article 21.
Scotland: Children (Scotland) Act 1995, Section 25.
Supporting Evidence: The Independent Review of Children’s Social Care (MacAlister, 2022) and various Public Law Project reports highlighting the lack of legal aid and judicial oversight for “voluntary” admissions.
(3) Police Powers & The “Reasonable Suspicion” Standard (Adults)
England & Wales: Police and Criminal Evidence Act (PACE) 1984, Section 17(1)(e). (Entry to save life/limb).
Northern Ireland: The Police and Criminal Evidence (Northern Ireland) Order 1989, Article 19(1)(e). (Entry to save life/limb).
Scotland: Criminal Justice (Scotland) Act 2016, Section 1. (Statutory power of arrest based on reasonable suspicion) and Common Law powers for emergency entry.
(4) Independent Oversight Bodies
England & Wales: Independent Office for Police Conduct (IOPC) (Established via the Police Reform Act 2002).
Northern Ireland: Police Ombudsman for Northern Ireland (PONI) (Established via the Police (Northern Ireland) Act 1998).
Scotland: Police Investigations and Review Commissioner (PIRC) (Established via the Police, Public Order and Criminal Justice (Scotland) Act 2006).
(5) Professional Social Work Regulators (The Contrast)
England: Social Work England (SWE).
Wales: Social Care Wales (Gofal Cymdeithasol Cymru).
Northern Ireland: Northern Ireland Social Care Council (NISCC).
Scotland: Scottish Social Services Council (SSSC).
The Fact: These bodies are governed by professional standards (e.g., Care Act 2014, Social Services and Well-being (Wales) Act 2014) rather than the criminal/misconduct frameworks of the police oversight bodies.
(6) Criminal Standards of Evidence
Hearsay: Criminal Justice Act 2003, Sections 114-136. (Strict rules on the inadmissibility of hearsay in criminal proceedings, contrasted with the lower threshold in the Family Procedure Rules 2010).
Wilful Neglect: Criminal Justice and Courts Act 2015, Sections 20-21. (The specific criminal offense for care providers/staff).