Case Dropped Due to Medical Evidence and Procedural Flaws

The situation
We were approached by a client who had been receiving repeated notices from the Insolvency Service to attend an interview under Section 235 of the Insolvency Act. He had recently been discharged from hospital and was under ongoing psychiatric and medical care. Despite this, the Insolvency Service continued issuing demands, which were starting to affect his wellbeing further.

He had tried to explain his circumstances in writing but received only standard template responses in return. He felt ignored, overwhelmed, and at risk of deteriorating health.

The problem
The client was at risk of being referred for enforcement due to apparent non-cooperation. However, he was not refusing — he was medically unfit to participate. No adjustments had been offered. The Insolvency Service had not acknowledged the reality of his situation or fulfilled its obligation to consider reasonable accommodations.

Before we acted
He said, “I am not ignoring them. I just do not know how to cope anymore.” His mental and physical health were both under strain, and the threat of court action was compounding it. His family were also worried, and the pressure was affecting his daily life and medication compliance.

What we did
We immediately contacted the Insolvency Service and requested a pause in proceedings. At the same time, we obtained:

• Medical reports from his GP and consultant
• A psychiatric evaluation confirming his incapacity
• A timeline of hospital stays, medication, and therapy
• Legal representations highlighting procedural flaws and failure to consider medical needs
• A proposal for reasonable adjustments if further engagement became necessary

We also made it clear that continued contact without consideration of his condition could result in formal complaints and legal challenge.

The outcome
The Insolvency Service closed the matter with no further action. No interview was required. There was no penalty, no enforcement referral, and no adverse report filed. The client was given space to focus on his health without the added pressure of legal threats.

His family later told us, “You gave him a lifeline when nobody else was listening.”

Disclaimer
This article is for general guidance only and does not replace tailored professional advice. If you would like to speak to us confidentially, call 0330 236 9937 or 07961 116321, or email vee@navigatebr.com.