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						Madeleine McCann’s parents checked on her every half-hour while she 
						slept in her room at an Algarve resort – yet still she 
						was abducted. What is the law in relation to leaving 
						children alone? Professor Carolyn Hamilton offers her 
						legal opinion and two Times writers give their own 
						experiences as mothers  
						
						  
						
						Scenario 1: You have three children under 5. You go shopping at the 
						supermarket for 20 minutes, leaving them asleep in their 
						car seats with the doors unlocked to avoid their 
						movements triggering the car alarm. 
						
						  
						
						This scenario is not advisable. It is an offence under section 1 of 
						the Children and Young Persons Act 1933 to neglect or 
						abandon a child under the age of 16 for whom a parent or 
						carer has responsibility, but the law gives no detail of 
						what amounts to neglect or abandonment. Prosecution 
						and/or conviction depend largely on the circumstances. 
						The punishment can range from a fine to ten years’ 
						imprisonment.  
						
						  
						
						The court is to likely to take into account the age and maturity of 
						the child, for how long he or she was left alone and the 
						arrangements to ensure his or her safety. Here, the 
						children might get out of the car and wander on to the 
						road – or anybody could remove a child from the car.
						 
						
						  
						
						If the car doors were locked the children might be safer, but then 
						what might happen if the children became very distressed 
						in an enclosed space? Technically, children should not 
						be left alone like that until they are 16. Five minutes 
						might be acceptable in a locked car; 20 minutes is too 
						long.  
						
						  
						
						Scenario 2: You have 18-month old twins. You put them down for 
						their afternoon nap in their cots, then dash down the 
						road to get a pint of milk for a cup of tea. You are 
						gone for less than ten minutes. 
						
						  
						
						In this scenario, if the twins were asleep in cots and couldn’t get 
						out, a parent might reasonably decide to leave them. If 
						they were able to walk about – for instance, leaving a 
						child of 6 awake and alone at home for ten minutes – it 
						would be more problematic. You would need to worry not 
						only about intruders but also about accidents; the 
						possibility of a child burning some toast, for example, 
						and starting a fire.  
						
						  
						
						For a child of about 12 and above, it would depend largely on his 
						or her maturity and factors such as whether he or she 
						had been left at home alone before. Obviously it would 
						be much better to have neighbours who could check up, 
						and doors should be locked. I would never recommend 
						leaving a child of any age for very long, but for 
						children in cots, ten minutes is probably safe enough. I 
						wouldn’t say this situation is desirable but it’s better 
						than scenarios 1 and 3.  
						
						  
						
						Scenario 3:You have three children aged 10, 8 and 6. You go out for 
						dinner, leaving them in bed at home. You tell the eldest 
						to ring you on your mobile if there are any problems. 
						
						  
						
						This would be a real matter for concern. If the parents were out 
						for dinner, they might easily be gone for a few hours. 
						Even if this was for lunch and not for dinner (so in the 
						middle of the day) it would still be highly undesirable.
						 
						
						  
						
						If they were very close by and checking on the children often, the 
						situation would be different – but leaving three 
						children of that age alone for several hours would still 
						be extremely unadvisable, as the potential risks are 
						simply too great unless you can come back and check on 
						them often.  
						
						  
						
						Even if the eldest child could be relied on to use the phone, if 
						the parent could not get back within 15 minutes there is 
						a possibility that he or she might be charged with 
						abandonment.  
						
						  
						
						If a neighbour was there in case of emergency it would certainly be 
						better, but because of the length of time involved it 
						would still be very ill-advised.  
						
						  
						
						Scenario 4:You go out for dinner in a hotel complex on holiday 
						abroad, leaving a child aged 3 and twins aged 18 months 
						in a locked room. You return to check on them every half 
						hour. 
						
						  
						
						If the parents have taken all the risks into account and decided 
						that it is safe to leave the children, this would 
						probably be reasonable. If the children were awake or a 
						bit older and able to wander around, or potentially even 
						to open the door to an intruder, perhaps not. But 
						asleep, with the door locked and people constantly 
						checking up on them, it is likely to be reasonable.
						 
						
						  
						
						You should be checking on them very regularly. I don’t think it’s 
						any less safe in Continental Europe than it is here. 
						Leaving children alone in this manner is not desirable, 
						but parents have to balance the demands of life and will 
						probably have to consider such issues regularly. 
						 
						
						  
						
						A parent needs to ensure that children are safe if they are left 
						alone. Leaving them for a short while, asleep, in a 
						locked room with regular checks is acceptable. Leaving 
						them for two hours, or with unlocked doors, is not.
						 
						
						  
						
						MARY ANN SIEGHART: Your children are 20 times more likely to be 
						killed by lightning than to be abducted by a stranger. 
						You are much more likely to get five out of six numbers 
						right in the National Lottery. Yet “It could be you” is 
						the dread thought that all we parents have had since 
						hearing the news that a three-year-old girl had been 
						snatched from her hotel room in an Algarve resort.
						 
						
						  
						
						How should we react? How protective should we be? The least we can 
						do is try to match our behaviour towards our children 
						with the real – rather than the imagined – risks that 
						they face.  
						
						  
						
						If we were rational, we would make much more fuss about them 
						playing in the park and sheltering under a tree during a 
						storm than talking to strangers. If we were rational, we 
						would be more worried about them dying from a wasp, bee 
						or hornet sting than from a paedophile murder. And we 
						wouldn’t let them anywhere near a bicycle.  
						
						  
						
						In our family, we have always been pretty robust about children’s 
						safety. Our general view is that oversheltering does 
						them no favours.  
						
						  
						
						If they never learn to cross the road as a child, they are more 
						likely to be run over as a teenager. If we don’t teach 
						them to be streetwise, they won’t cope when – and there 
						has to be a when – they are out on their own. For 
						dependent children have to grow up into independent 
						adults. There is no way of avoiding that. The best we 
						can do is to prepare them for independent living. And 
						that means gradually increasing the amount of freedom 
						and responsibility that we give them.  
						
						  
						
						When our elder daughter was 5, we let her walk round the block to 
						the sweet shop. It didn’t involve crossing any roads, 
						and she knew not to walk into the street or to get into 
						a car with a stranger.  
						
						  
						
						Unbeknown to her, my husband followed her the first few times at a 
						distance. She was fine, and was generally rewarded with 
						a free sweetie from the kindly shop owner, which allowed 
						her to learn that other adults outside the family could 
						be trusted to keep an eye on her, too.  
						
						  
						
						By the time our children were 9 and 7 we were letting them go for 
						walks and bike rides (wearing cycle helmets) together in 
						the countryside. They learnt to rely on each other and 
						to take note of their surroundings rather than following 
						a parent blindly.  
						
						  
						
						At 11, our elder daughter was walking to school and back, a mile 
						each way, every day. And last Friday our younger 
						daughter, now 13, made it from Winchester to Norwich on 
						her own, a journey involving four trains and a crossing 
						of London. All this – we hope – will encourage 
						self-confi-dence and self-reliance.  
						
						  
						
						You have to make them aware of the risks and teach them how to deal 
						with them. Both our daughters have been on a 
						self-defence course but, equally, neither is shy of 
						asking a friendly-looking adult (ideally a woman) for 
						help if necessary.  
						
						  
						
						They know that abductions happen but they also understand that the 
						reason why the occasional child-snatching fills so many 
						acres of newsprint is precisely because it is so very, 
						very rare.  
						
						  
						
						Of course we parents all worry about our children. Yet childhood is 
						the safest part of a person’s life and is becoming ever 
						safer. You are least likely to be murdered between the 
						ages of 5 and 16, and if you are, the killer is likely 
						to be someone you know – possibly even your parent.
						 
						
						  
						
						What is more, child deaths from any cause in this country have more 
						than halved in the past 25 years.  
						
						  
						
						The world isn’t getting more dangerous for them. It’s just that 
						parents are getting more neurotic.  
						
						  
						
						SARAH VINE: I am living proof that it is perfectly safe to leave 
						your children at home alone. From a relatively young age 
						(7 or 8, if memory serves), my parents used to leave my 
						brother and me in the house at night while they popped 
						out for a bite to eat. No harm ever came to us, 
						principally because they always took precautions to make 
						sure that we were fundamentally safe (locked doors and 
						windows, watchful neighbours, etc), but also because, 
						thanks to their trust, I was a sensible little girl.
						 
						
						  
						
						You might have thought, then, that I would be similarly disposed 
						towards my children. But no. It anything I am even more 
						neurotic than most about leaving them alone. In the 
						evenings, when they are asleep upstairs, I will not even 
						go as far as the bottom of the garden (where I have my 
						home office) for fear that something might happen while 
						I am out of earshot. If I fill up the car with petrol 
						with them in the back, I will drive to the front of the 
						forecourt to pay, just so that I can keep an eye on 
						them.  
						
						  
						
						Ridiculous behaviour, of course, but I cannot seem to help myself. 
						In my defence, both my children are under 4: they are 
						small, trusting and extremely accident-prone. Only the 
						other day I caught my daughter sitting in her Wendy 
						house with a plastic bag “hat” on her head – this 
						despite the fact that all plastic bags in our house are 
						meticulously knotted and put away safely.  
						
						  
						
						But there are other reasons. First, I am older than my parents were 
						when they had me – much older. And the older you get, 
						the more risk-averse you become: too many scare stories, 
						too many chilling news reports (and, it has to be said, 
						a few nasty experiences of my own). They were 21 when 
						they had me: barely out of nappies themselves. I was 36 
						when I had my daughter: an entirely different 
						proposition. If life teaches you anything, it is that 
						not everybody is as good as they ought to be. I know we 
						are all supposed to rail against our risk-averse 
						society, but when it comes to your children, it’s hard.
						 
						
						  
						
						There is another factor, too. Being left alone in the house was 
						scary. I never let on to my parents how scary, as I 
						didn’t want to disappoint them. But I was pretty 
						terrified. I would lie in bed, wide awake, listening to 
						the strange noises of the night, analysing every squeak 
						and rustle, until I heard the welcome crunch of their 
						car’s tyres on the driveway – at which point I would 
						finally succumb to sleep.  
						
						  
						
						So I agree: we should not cocoon our children. But nor, by the same 
						token, should we assume that the process of growing up 
						is always an easy one.  |