Working parents can face real difficulties in finding affordable and appropriate childcare and, for many, there is a real temptation to leave their teenaged child at home alone, or perhaps looking after the younger siblings. But is this legally acceptable?

The law on this matter is actually quite vague. The Children and Young Persons Act 1933 states that parents can be prosecuted for wilful neglect if they leave a child under the age of 16, unsupervised in a manner likely to cause unnecessary suffering or injury to health. In other words, if your child is left alone at risk of harm, you could face prosecution. If you are convicted of neglect, punishment can range from a fine to ten years imprisonment. However the law gives no clear detail of what amounts to neglect or abandonment and there is no set lower age limit.

So at what age can you leave your child at home alone?

That would all depend on a number of circumstances: How old is the child? What is the child's level of maturity and understanding? Where will the child be left? How long will the child be left alone? Are there any other children there? These are just some of the factors that need to be taken into consideration by parents if they are thinking about leaving their child alone.

The Children's Legal Centre recommends that children under the age of 13 should not be left alone, and children under the age of 16 should never be left alone overnight.

If parents are considering leaving their child alone, they should find a way to ensure that they, or another responsible adult, can check on the child regularly, ideally every 15 minutes. Parents should also ensure that their child would be able to cope in an emergency.
Considering your child's maturity

However, all of this is ultimately down to the parents. They are the ones best able to determine if their child is mature enough to be left alone. Remember, a 12 year old may actually be more mature than a 14 year old.

How old should babysitters be?

The same principle applies if you are leaving your child with a babysitter. Many people believe that 14 is an acceptable age for a babysitter, but the law does not give a set age at which a young person can babysit. So no matter how mature the neighbour's 15-year-old daughter may be, you as the parent remain responsible if anything were to happen to your child.

The Children's Legal Centre recommends that parents should not leave children with a babysitter under the age of 16.

Is it realistic?

All of this is not to say that parents can't live their regular daily lives for fear of prosecution. For example, it is understandable if parents have to nip to the shops for a pint of milk and leave their one-year-old baby asleep in the cot for less than 10 minutes.
Parents have to consider the overall risks to their child and make a decision that is suitable in light of their particular circumstances. Above all else, parents must put measures in place to ensure that their child is safe.

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Dominic Bascombe is editor of childRIGHT, a child law and policy journal published by the Children's Legal Centre.