Interview under Caution

I have a client who is has been called into the local LA offices for an IUC. He has missed two due to ill health and the doctor has advised that he is unfit to the interviewed. Although I advised him that he should take legal advice and strongly suggested that he should get a solicitor.  He is eager to resolve the matter as he feels that he has done nothing wrong.  He was wondering whether the LA would accept a statement from him or should he now ask them to send him their questions in writing.

Tony, didn’t Neil Bateman & Bob Wagstaff offer some advice about this exact query in an earlier thread?  This is the “capital” case, yes?

{Edited to add link}  http://www.rightsnet.org.uk/forums/viewthread/1762

In short, the LA has no right to insist on an IUC.  Duncan may be correct that the LAs questions won’t be offered in advance, but the client most certainly has the right to be aware of what the LA wishes to question him about.

Duncan - 01 August 2011 02:44 PM

The local Council will want to see him in person, no written submission will be accepted… If he wants a Solicitor to attend then he will have to pay the Solicitor to do so.

Sorry this is not correct. Has your council told you this?!  Providing a statement instead of answering questions is a well used approach in IUCs (not just those for benefit fraud).  However, it must be drawn up by a criminal law pracitioner.  Also, legal aid is possible for attending IUCs.  The statement is normally drawn up after the solicitor has had sufficient prior disclosure from the investigator (effectively an outline of the evidence the investigator has) so that advice can be given to the client whether to answer questions or prepare a statement.  WR advisers should offer to work with the criminal law adviser on benefits aspects of the case.

I go along with Kevin and Neil,  having had prior experience of this albeit some time ago