Do I have to pay for a solicitor

[lankeela]

I work with vulnerable adults, one of whom attacked me. His family have now lodged a complaint against me for attacking him, despite previous assaults being recorded on staff, and I understand that I will be interviewed by the police (possibly even arrested and interviewed under caution). I have lodged a report of the assault on me with the police. If I am arrested or even just called in for an interview should I have a solicitor and if so do I have to pay for one?

[sandyRoe]

Will your employers, or trade union, not help you?

[lankeela]

Not in a union and employer not doing anything other than a phone call asking if I am ok and trying to reassure me that my job is safe (although I know they would have no say if I was charged and convicted). Haven't been suspended (yet!) and still working with the other vulnerable adult.

[boxtops]

Lankeela, has this all been recorded at your place of work? an assault on an employee should be recorded in the employers' accident book, always. Your employer should be supporting you in this - I would go and ask them to come with you, if I were you. They should have liability insurance - employers' and third party - which has legal cover, to pay for a solicitor for you. The insurance company should be informed too, straight away, in case a claim of some sort arises (on top of the police charge).

[lcg]

mmm. difficult - i would imagine you would be entitled to at least the duty brief if you were arrested, but not sure about if you went voluntarily for an interview. please check back with your employer about the support you are entitled to - i can't imagine they can expect you to weather this situation alone, particularly if you work in other people's homes. i wish you well (having been in this position) but i work on a ward and am a member of a union, so have no other practical support to offer you. x

[lcg]

boxtops explains your employers position far better than i could. they must be offering you more support, imho. x

[sallybb]

Its a very worrying time for you, fingers crossed that the police see sense especially when other staff members have been attacked by the same individual. Thinking of you. Wishing all goes well !!

[lankeela]

Thanks for comments. It is a very small set up, just the two residents, and the one in the case has been removed. Interesting about the insurance comments, I have been reading up (as you do!) and think this is something I will be enquiring about. Yes, it certainly is worrying, to the extent of waiting for the 'knock' on the door.

[woofgang]

I agree with boxtops. I used to manage a community team in the NHS and would expect to fully support any member of staff who was attacked. If the client was known to be violent, then a risk assessment (I know yawn) should have been done and a plan put in place to minimise the risk to you and to the client. If you were in there doing your job then your employer should be putting themselves between you and the police.
TBH if the client has a history of violence and you were there doing your job, I cant see the family getting far.
Excuse me for asking but i assume that any physical reaction from you to the attack was "reasonable self defence in the circumstances"?

[lankeela]

Thanks, police interviewed client who admitted assault and no further action to be taken. One hell of a good diet though, lost nearly two stone in a couple of weeks!

[lcg]

brilliant, lankeela, although you shouldn't have been put through that amount of stress with poor support from your employers in the first instance. i'm so happy that you can now get on with things x

[sunny-dave]

That's great news - now go and a cake or three :)