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Chronicle Live
Chronicle Live
National
Sophie Doughty

Parents could be locked up for being drunk while looking after children

Did you know you could be arrested for being drunk while in charge of your own children?

It's been illegal since 1902, but not all parents know the law when it comes to alcohol and childcare.

Parents who are intoxicated while they have a child in their care could be arrested and even face a prison sentence.

Being drunk and in charge of a child in a public place is illegal under the Licensing Act 1902.

Legal expert Joy Merriam has explained how the little known law works, BirminghamLive reports.

She said, unlike drink driving, there was no objective check to test the level of drunkenness, but the key issue is around the safeguarding of children.

"The threshold would be whether the child was compromised. If you're having lunch with a couple of glasses of wine, you probably wouldn't be considered drunk in charge of a child," she explained.

"If you're obviously impaired, if it's a young child who needs you to be alert and capable of safeguarding them, that would be the real test."

She said parents of young children needed to be fully alert to protect them from physical harm, including running into a road or other risky activities.

Ms Merriam added that parents may be arrested on suspicion of the offence in some situations but the case would likely be passed to social services and not the Crown Prosecution Service - with convictions unlikely.

Current legislation specifically concerns being drunk in charge of a child in public, but that does not mean it is ok to be intoxicated at home either.

If parents get so drunk they cannot care for children in the home they could be charged with neglect or have their kids taken off them.

A spokesperson for the NSPCC said: "Nobody is saying 'don't enjoy yourselves', but just use common sense when looking after children. Drink in moderation and always make sure you are in control."

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