Facts. Rachel, 29, has four plants in a spare room. Her children, aged 4 and 7, live with her.
What the law says. The offence is the same as Sam's. Children present is a recognised aggravating factor ("presence of others, especially children and/or non-users"), and police must make a safeguarding referral to children's social care. The court must also consider the effect on dependants: harm to dependent children from immediate custody is a factor in favour of suspension.[1]
| If… | Then… |
|---|---|
| Children had no access, low risk | Charge or out-of-court disposal still possible; social care assessment likely |
| Electrical or fire hazard, children exposed | Higher in the range; possible child protection plan |
| Supply from the home | PWITS / production; much higher risk |
| Children used to help or hide things | Serious aggravation; exploitation |
Myth. "Social services will automatically take the kids." Not necessarily: the assessment looks at risk and support. Engaging and getting advice early matters.
Help. Family Rights Group; Release; solicitor.