Here’s my experience of advising and assisting a client on the telephone. My colleague took the call and advised last night. The OIC called me at 10:30am today. I took the usual details and told him that I proposed to deal with it all on the phone. He said they had been told to expect that. (By the way, this was Kent Police, very cultured, in my view!).  I requested a copy of the CR by email and took down his verbal disclosure. I also took his email address. I ascertained that V had not given a statement and was not willing to cooperate. I told him I would have a consultation by phone and proposed to participate in the interview on the end of my phone. They don’t have a video link or PCU wifi  but we’d see how it goes. I said I was happy for the interview to proceed if he didn’t get reception. (I know my client, you see). Then the custody Officer called me, also in a collegiate attitude of mind. She agreed to take the hands-free phone into the cell and after my consultation, if I wanted to be in the interview, she would see if the OIC’s phone would have enough reception to call me from the interview room. I had my chat with the client. He’s an old hand well capable of handling a no comment interview. But I still advised that in a domestic where she has refused to give a statement, even though he had a self defence claim, it was best to go no comment. After introductions and the caution, he would answer the first question with no comment and to the rest either go no comment or just sit silently. 

I waited for the call but it didn’t come. Then when I hadn’t heard from the oic I sent an email at 1:30pm asking about the result, and that I wanted to be called if there was any issue about bail. Then the oic called at 2:50pm to say there’d been no reception in the interview room and the client was happy to do it without me. He’d gone no comment to the first question and silent the rest of the time. CPS had advised no charge so he had been released. Then the client called me from home happy at 15:29. That’s  5 hours dealing with one case without leaving my bed (well...). No reason I shouldn’t get paid the full fee.

I struggle with this idea that our clients are so very vulnerable, they have to see us to feel assisted. On average, (my stats) DPs are in the nick for 8-18 hours. When we attend, we are there for a couple of hours and only with the client alone for half of that time. (Except, of course for your serious arrestables). How are their vulnerabilities assuaged the rest of the time when we are not there?

Joe Mensah-Dankwah. 
Foresters Solicitors Limited

Sent from my iPhone

On 28 Mar 2020, at 16:29, Bridget Irving (via members list) <members@mail.lccsa.org.uk> wrote:

Very well done and many thanks for the huge efforts and hard work by The LCCSA and individuals involved in achieving this.


On Fri, 27 Mar 2020 at 21:17, Chris PICKWICK
<chris@pickwicksolicitors.co.uk> wrote:
Evening. Does no one have the answer to my question? Harvey! Jim!



Sent from my Samsung Galaxy smartphone.


-------- Original message --------
From: Chris PICKWICK <chris@pickwicksolicitors.co.uk>
Date: 27/03/2020 17:55 (GMT+00:00)
To: Jonathan Black <jonathanb@bsbsolicitors.co.uk>, Members <members@mail.lccsa.org.uk>
Subject: RE: from the LAA update - Can claim a fee


Does there have to be a presence (whether phone or video ) during the i/v itself to claim an att. fee?


Sent from my Samsung Galaxy smartphone.


-------- Original message --------
From: Jonathan Black <jonathanb@bsbsolicitors.co.uk>
Date: 27/03/2020 16:53 (GMT+00:00)
To: Members <members@mail.lccsa.org.uk>
Subject: from the LAA update - Can claim a fee

https://www.gov.uk/guidance/coronavirus-covid-19-legal-aid-agency-contingency-response?utm_source=c41c7d7f-183a-4ad9-a80c-da4e30f2da1d&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate#financial-support

Claiming police station attendance fee

Providers are still required to provide advice and assistance to clients in custody suites.

Depending on local police practices and their own health concerns, you may not be able to physically attend on those clients.

Should an attendance be made by other means (phone or video), either because of a police force’s contingency arrangements or because current Government safeguarding guidelines mean you cannot physically, you can claim the Police Station Attendance Fixed Fee appropriate to the location.

A file note should be kept as to the circumstances of the arrangements, confirming both the police and the client were happy to proceed without a physical attendance.

Providers should claim as usual for the Telephone Advice Fixed Fee as appropriate, but they should not claim for Telephone Advice Fixed Fee and the Police Station Attendance Fixed Fee for the same matter. A DSCC Reference Number will also be required as normal.

 

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Foresters Solicitors Limited is registered in England and Wales, with registered office at 155 Hoe Street London E17 3AL. Company Number 6650930. Directors: Joe Mensah-Dankwah, Alan Hardy Boulton, John Yiannourides. This firm is authorised and regulated by the Solicitors Regulation Authority.

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