Who provided the answer though? Independent lawyer or Priti Patel?
I can't see anywhere in the regs that would equate two children asleep in their room to being part of a "gathering". Gathering doesn't appear to be defined, so it would presumably be arguable as to whether someone not present could be part of a gathering.
The issue comes if one of them wakes up and comes down stairs, and joins the gathering, though this would be the same as 6 mates in the pub, and another friend happens to walk in.
Wouldn't you just shop the kid for breaching the rules, in that case?
I don't see any issue there. Kids gotta learn.
Even better way of keeping them in bed in the first place - "if you come down stairs I will have to call the police".
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