Can I Be Arrested for My Child's Behaviour?

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Can I Be Arrested for My Child's Behaviour?

Let's get straight to the point. Your teenager gets caught shoplifting, vandalising a bus shelter, or repeatedly skipping school. As their parent, you're probably wondering if the police might come knocking on your door next. The short answer? You won't be handcuffed and marched down to the station for your child's misdeeds. But here's the thing – you're not entirely off the hook either.

What the law actually says about parental responsibility

British law won't see you arrested just because your kid's gone off the rails, but don't breathe that sigh of relief just yet. You could still face hefty fines, court orders, and yes – if you repeatedly ignore those orders – even prison time. It's worth noting that Scotland has its own legal system with some differences, though the general principles remain similar.

Basically, the government reckons parents should know what their children are up to and steer them right. Picture this: your 14-year-old is terrorising the neighbourhood whilst you're down the pub every night. Authorities might well decide you're part of the problem. And that's when things get messy.

School truancy – the most common trouble spot

This is where most parents first feel the sting of parental responsibility laws. Local councils have really tightened the screws on school attendance, though they'll usually try to work with you before slapping on fines. Once your child racks up unauthorised absences – we're talking as few as five days in some areas – you could be looking at a £60 fine. Miss the 21-day payment deadline? That doubles to £120.

Still digging your heels in? Here's where it gets serious. You're facing prosecution and fines up to £2,500 per parent, per child. Sarah from Manchester learned this the hard way when her 13-year-old daughter missed 45 days of school in one term. Despite claiming she couldn't physically drag her teenager out of bed, the magistrates weren't having it. Result: a £1,000 fine and a 12-month parenting order.

Here's something that catches parents out: if your child gets excluded and you let them swan about town during school hours in those first five days, you're breaking the law. Another £60 to £120 fine headed your way, or up to £1,000 if it reaches court.

When anti-social behaviour becomes your problem

Remember ASBOs? They've been gone since 2014, replaced by Criminal Behaviour Orders (CBOs) and Civil Injunctions. Your child lands one of these for harassment, vandalism, or making neighbours' lives miserable? You might find yourself in hot water too.

A Birmingham family discovered this when their 15-year-old and his mates terrorised elderly residents – blasting music, intimidating people, spraying graffiti everywhere. The lad got a CBO banning him from certain streets. After he breached it repeatedly, his parents ended up with their own parenting order. Weekly counselling sessions became mandatory, plus they had to ensure he was home by 8pm every night.

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Parenting orders – when the state steps in

Parenting orders aren't suggestions – they're court-mandated requirements designed to get parents more involved in managing their child's behaviour. Sounds supportive in theory, but ignore one and you're looking at criminal charges and fines up to £1,000.

What might you have to do under a parenting order?

  • Turn up to parenting classes or counselling (usually weekly for up to three months)
  • Keep your child indoors during set hours
  • Guarantee they're in school every single day
  • Tag along to youth offending team meetings
  • Ban them from certain places or friends

"Like being on probation yourself," one Leeds father told me. He had to take Tuesday afternoons off work for parenting classes after his son got caught joyriding. Miss a session without good reason? Back to court you go.

Criminal damage and compensation

Parents often don't realise they can be ordered to pay for damage caused by their under-16s – even if they had no clue it was happening. Your 12-year-old decides to redecorate the local bus stop with spray paint? That £500 clean-up bill might land on your doormat.

Courts can still order parents of 16 and 17-year-olds to pay up if they think it's appropriate. The ceiling's £5,000 per offence, though judges usually set amounts based on what you can actually afford.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What about serious crimes?

You won't be held responsible just because your child commits a serious crime. But if you knew they were planning something dodgy and did nothing about it? Different story entirely. Turning a blind eye whilst your teenager deals drugs from their bedroom could see you charged with allowing your premises to be used for drug supply.

Getting help before it reaches court

Most councils run Family Support Services for parents struggling with difficult teenagers. No need for social services involvement – you can refer yourself. They offer everything from one-to-one chats to group sessions where you can swap war stories with other parents in the same boat.

Don't let the name put you off – Youth Offending Teams (YOTs) actually offer decent support. Getting your child involved voluntarily looks far better than waiting for a court to force the issue.

Triple P (Positive Parenting Programme) courses get good reviews from parents too. Free through most councils, they teach practical ways to handle stroppy teenagers before things spiral out of control.

The bottom line

No, you can't be nicked just because your teenager's acting up. But if authorities think you're not doing enough to tackle the problem, expect serious legal and financial headaches. Courts know teenagers can be nightmares – they're not expecting miracles, just evidence you're trying.

Worried about your child's behaviour? Don't wait for that knock on the door. Your GP, the school, or local family support services can help. Trust me, getting ahead of the problem beats explaining to a magistrate why you didn't.

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Ask Law and Parents a Question
LawAndParents Editor 11/05/2017 at 12:50 pm
If you son is spending a proportion of his time at your property and the incidents are in your area - this is why the housing and the police are talking to you about it. Perhaps you could speak with your mother and make some arrangements your son to stay there for a while to see if his behaviour improves? Or can she help under the current arrangements in anyway?
Mel 09/05/2017 at 10:45 pm
I had my son at an early age I hadn't grown up back then, I had a difficult child hood and I was on drugs. My mum has raised my son he is 15 now she has got Residence order and claims all the benefits for him. Well this past year my boy has been staying at my house a few nights a week I do not claim anything for him and he is not on my rent book like my other two children. Anyhow I received a letter from the police and the safety neighbourhood team who send kids to court, also my housing officer they wanted to speak to my son regarding anti social behaviour in the area we live not at my address its to do with his behaviour while walking the streets being with the wrong crowd. the question I want to ask is now yes im his mother but my sons permanent address is with my mother she is his guardian from the residence order which she has had years and receives all the money so how can the police threaten me to put this asbo and other charge where I get the big fine and at risk of loosing my home. I love my son but for the past 14 years of his life I was shut out my mum would not let me be a part of his life teachers no one would speak with me but now he has been staying and this trouble has arrised its me who they are threatening and holding responsible for his behaviour which of course I came down on him like a ton of bricks
LawAndParents Editor 10/06/2015 at 12:24 pm
@cheetahclub. Once your child is 16 you don't have any 'rights' as such. A 16 year old can choose to leave home without their parents' consent. More information is available on this page of the Childline website
cheetah cub 06/06/2015 at 9:44 pm
my daughter who is 16, doesn't want to live at home, has contacted social svs etc, we were in Dom viol, now out of it for a yr. she says I'm not allowed in her room, she has been told to eat all her meals in her room. Where do I as a parent stand, what are my rights

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