A 12-year-old boy cannot be convicted of taking part in the August riots because his mother had flown to Ibiza on holiday.

The child, who cannot be named for legal reasons, has pleaded guilty to two counts of violent disorder at a protest following the Southport attack. He faces a potential prison sentence.

He was due to be sentenced on Monday morning at Manchester District Court, but District Judge Joanne Hirst said she was “genuinely surprised” to learn the boy had not been accompanied by his mother.

The judge heard she had instead flown abroad to the Spanish island on Sunday for a five-day holiday. The court heard she was expected to return to the country on Thursday.

Judge Hirst adjourned the case until September 11 and said she wanted to speak to the boy’s mother before sentencing the case.

She thanked the boy’s uncle for accompanying his nephew to court in the absence of his mother, but added: “The day before the hearing we learned that the mother had gone on holiday and was not with her son, who has played a greater role in the recent civil unrest than any other adult or child I have ever seen in these courts.

“Honestly, I’m amazed.

“I will be demanding a full explanation from a mother regarding her decision to go on holiday the day before her 12-year-old son is due in court to face a custodial sentence.

“This is a serious situation which I believe has been made worse by the mother’s actions.

“She has been notified, I will be challenging her decision.”

Turning to the boy as she adjourned sentencing, Judge Hirst told him: “Boys like you need their mums in their lives. I need your mum here.”

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The young man had previously admitted that he was part of a crowd that attacked a bus outside a hotel housing asylum seekers in Manchester on July 31.

A few days later, on August 3, in Manchester city centre, he was among a group of people filmed kicking in the windows of a vape shop and throwing missiles at a police van.

According to the data provided The Guardian, As of August 15, 58 children and adolescents have been accused of participating in social unrest.

The National Police Chiefs’ Council (NPCC) said 145 minors aged between 10 and 17 were arrested, 35 of whom were aged 14 and under.

Keith Fraser, chairman of the Youth Justice Board, said he believed children should only be prosecuted for rioting as a “last resort”.