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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2310
Experience:  Owner at James Bruce Solicitors
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If police get called from a care home accusing someone of

Customer Question

If police get called from a care home accusing someone of gross misconduct what will happen
JA: Have any charges been filed? If so, when is the next court date?
Customer: No
JA: Where did this occur?
Customer: What do u mean
JA: What confuses you?
Customer: What will police do arrest or interview
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Or what will happen
Submitted: 5 days ago.
Category: Law
Expert:  james bruce replied 5 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

Can you please give more details as to the problem.

Police would only get involved if they are called regarding a criminal matter. For example, if someone working at the care home assaulted someone, or stole property.

But if the gross misconduct is to do with quality of work, that is not a police matter.

If you can give me more details I can come back to you with a more detailed answer.

Customer: replied 5 days ago.
I had a friend in the home we became friends she put money in my account and sent clothes I gave it her all back but not straight away and so she went to social worker and managers at work
Expert:  james bruce replied 5 days ago.

Who's money and clothes were you given?

Customer: replied 5 days ago.
Hers I can't speak on phone as my husband is dying and can't put this on him. They were the girls who I was friends with
Expert:  james bruce replied 5 days ago.

Sorry I don't quite follow.

Did you friend work at the home?

Do you work at the home?

Customer: replied 5 days ago.
I worked at the home
Customer: replied 5 days ago.
I made friends with a girl in the home
Expert:  james bruce replied 5 days ago.

OK I understand.

So the person in the home gave you the items and money, is that correct?

How old is she?

Is she vulnerable?

Are there any rules about receiving items from people in the home?

Customer: replied 5 days ago.
She is 33 and has bipolar and they said there is I did not do know this as she was offering people gifts
Expert:  james bruce replied 5 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

From what you have explained, it sounds like this is an employment issue and not a police matter. However, if the person is very vulnerable and it could be considered that advantage was taken of her, then due to the nature of the work, it could become a police matter.

However, if we look at the employment side because the items were returned it is unlikely the police would be involved.

As for the employer, they could hold a formal disciplinary hearing with you for breaching company rules regarding accepting and taking items from a resident.

In the worst case outcome, it could be classed as gross misconduct leading to termination of employment.

Customer: replied 5 days ago.
But they rang police and got a log number
Expert:  james bruce replied 5 days ago.

Then in that case, they must be taking it as a serious breach of trust involving a vulnerable person.

It could be possible in that case that the police will want to interview you at some stage.

Customer: replied 5 days ago.
What do I do then
Expert:  james bruce replied 5 days ago.

At the moment you would just need to wait and see if the police do ask to speak with you.

If they do, they could either arrest you or ask you to attend the station as a voluntary attender.

When a person needs to be interviewed by police in relation to a criminal allegation, they can either be arrested and taken to a custody centre, or the police can invite them into a police station for a voluntary interview.

When a person attends an interview at a police station as a voluntary attender, they are there voluntarily and are free to leave at any time.

Anyone interviewed by police either under arrest or as a voluntary attender, no matter how serious or trivial the allegation, can have and use the services of the duty solicitor. That service is completely free. You can request the duty solicitor, and should inform the police officer who will carry our the interview of your request before you attend, so as to avoid any undue delays at the station.

When you and the solicitor arrive at the police station for the interview, the solicitor will speak with the officer carrying out the investigation, and obtain what is called advance disclosure. That means they will ask the police for details of the allegation and what evidence they have.

Next, the solicitor will speak privately with you and explain what they have been told and then obtain your instructions. The solicitor will then advice you on whether to answer questions in interview, or to submit a pre written statement or whether to go no comment.

Once the interview is over, the officer would normally say that the matter would still need to be investigated further and then a reviewing officer would check through everything. A file could then be sent to the Crown Prosecution Service if the police think there is evidence for a case. The CPS would then make a decision on whether to prosecute or not.

Customer: replied 5 days ago.
Oh my god
Customer: replied 5 days ago.
I will need help
Expert:  james bruce replied 5 days ago.

Nothing you can do at this stage if or until the police contact you.

Customer: replied 5 days ago.
OK so even though she got everything back will I still get arrested
Expert:  james bruce replied 5 days ago.

It is possible yes, if an offence was committed, then they could still arrest.