Terms & Conditions

[karent]

we are about to be in the position of a customer refusing her 3rd IUC date. She was cautioned at the end of an informal interview in which she first denied and then admitted that she has a partner who stays with her some nights.

She was accompanied to the interview by a councillor who now appears to be advising her to refuse the IUCs as we are refusing for him to be be present in the IUC as it’s a conflict of interest for him and he is neither a legal rep etc or a friend – he would be there as her councillor.

She has offered to do IUC by email (which we have refused!) 😯
and the councillor has now asked for her to be informally interviewed so he can be present. We have refused this as she has already been cautioned

anyone had anything similar and what action did you take?

[Anonymous]

It depends on your local procedure but here as in most authorities if claimant does not attend we prepare a file for legal recommending prosecution. ( dont bend over backwards I think that three invitations are reasonable)

We have sucessfully prosecuted persons before who have not attended for IUC and have one who did not even attend court and after protracted attempts will be sentenced in her abscence! Some LA’s will also get police to arrest but this does depend on your relationship with them also in my opinon it can be a sledgehammer to crack a nut but it is an avenue you may wish to pursue.
Of course the evidence must be of high quality especially so in a LT case.

Andrew

[amc]

We have different legislation up here in the north, but fairness applies to the legal system throughout the UK. If you have made your offers and they have refused to attend then you really only have 3 options:

1. Prepare for prosecution and advise the claimant of this

2. Back down and take no proceedings

3. Have the local constabulary pick the claimant up and interview at the police station (this is an option that some LA’s in the north can use subject to approval but I don’t know if this applies in E & W?)

Personally I would advise the claimant that the case is being prepared for submission. 😈

[amc]

We have different legislation up here in the north, but fairness applies to the legal system throughout the UK. If you have made your offers and they have refused to attend then you really only have 3 options:

1. Prepare for prosecution and advise the claimant of this

2. Back down and take no proceedings

3. Have the local constabulary pick the claimant up and interview at the police station (this is an option that some LA’s in the north can use subject to approval but I don’t know if this applies in E & W?)

Personally I would advise the claimant that the case is being prepared for submission.

[Author]

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