AN ANXIOUS father left his nursery age child home alone because he feared being jailed if he missed an appointment with his probation officer.

The police were alerted after the child, left watching cartoons on the TV and with a supply of toys, was spotted by a delivery worker who arrived at the address in Penrith and realised the child was unsupervised.

At Carlisle’s Rickergate Magistrates’ Court, the father pleaded guilty to a single allegation of child neglect.

Prosecutor Andy Travis described how the offence came to light on Wednesday, June 29 last year, after the delivery driver arrived at the address to find that nobody but the child was in the property.

He alerted the police.

“The officers attended the house and found [the child] was locked inside the house [alone],” said the prosecutor. “The key had been left in the outside lock of the back door and the officers got in using that key.”

The child’s mother was at work. It was later confirmed that the father had left the house at 10.05am, leaving his child in front of the television. The youngster had been provided with toys. There were also two phones – one which was switched off and another which could only be access by a security code.

Thus the child had no means to contact anybody in the event of an emergency. The officers called the defendant, who was on his way home in a taxi after his appointment, the court heard.

He admitted leaving the child at home alone but said it was for only 40 to 45 minutes, though Mr Travis said he arrived home at 10.55am. He explained that he had gone to an appointment with his probation officer.

He said the knives and medication in the house were all safely stored away and a window that was open upstairs was too small for the child to get through. He said he believed he had safeguarded the child.

Mark Shepherd, mitigating, said background reports made it clear that the defendant and his partner were good parents and hard-working people. “He made a terrible misjudgement,” said the lawyer.

“Fortunately, it didn’t lead to any actual harm." Explaining the background, Mr Shepherd said the defendant had previously served a short prison sentence and the experience had been “hell.”

“He was told on his release that the sentence was not over and he could go back to prison if he failed to attend any appointments with the Probation Service and he took that warning literally.”

That was why he felt it was so imperative to not miss the appointment.

The probation officer had subsequently asked why on earth he had not explained the situation. “But at that moment, he didn’t see that; all he could see was a return to ‘hell’. So he made the house as safe as possible and kept the appointment.

“But he now recognises that was not appropriate; [the child] was too young to leave at home and if something unforeseen had happened he would not have been in a position to protect [the child].”

Mr Shepherd added that the man was “deeply remorseful.” A Children’s Services investigation was quickly opened and concluded without further action, the court heard.

Presiding magistrate Mark Gear said the court recognised that the man was part of a commendably hard-working family, saying: “If you are guilty of anything, it’s making a very poor decision.

“The reason you reached that decision is that you were trying to keep an appointment for fear that you would go to prison if you didn’t you would go back to jail. That was the fear you’d got into your head.

“What you should have done was contact your probation officer to explain the situation… You put safeguarding in place but there is always the potential for harm or injury””

Imposing a 12-month conditional discharge, which means the defendant will not be punished provided there are no further offences in that period, Mr Gear added: “It wasn’t like you were in the pub or the bookies.

“It wasn’t that kind of situation and that’s why we’ve come to this decision today.” The defendant must also pay £85 costs and a £26 victim surcharge. The child involved - and therefore the defendant - can not be named for legal reasons.

For more on the law and leaving children alone, go to this Government web page, The law on leaving your child on their own