Key Takeaways for Directors Facing an Online Insolvency Interview

• You have the right to a fair process – if an online interview creates unfair conditions, you can challenge it.

• Mental health matters – if you suffer from anxiety, depression, or PTSD, you can request reasonable adjustments under the Equality Act 2010.

• Insist on proper legal representation – never attend an interview without your solicitor.

• Challenge procedural flaws – if technical issues or unfair questioning occur, you can dispute the interview’s validity.

• Know your rights under Article 6 ECHR – fairness is not optional, and the Insolvency Service must comply with legal standards.

Stand Your Ground Against an Unfair Process

An online interview may seem like a minor inconvenience, but it can be a dangerous trap for directors who are unprepared or vulnerable. If you are being pressured into an online interview, seek legal advice immediately to ensure your rights are protected.

If you need guidance on how to challenge or modify an online insolvency interview, I offer a free 1-hour consultation to discuss your options. Get in touch today—because fairness isn’t a privilege, it’s your right.

Using Medical Evidence to Secure Alternative Arrangements in Insolvency Investigations

Introduction: Why Medical Evidence Matters in Insolvency Investigations

When a director is called for an interview with the Insolvency Service, they are legally required to cooperate under Section 235 of the Insolvency Act 1986. However, this does not mean that the Insolvency Service can ignore legitimate concerns about a director’s mental or physical health.
If a director is suffering from a serious mental health condition, cognitive impairment, or physical illness, they may be unable to fully participate in an interview without significant distress or risk of self-incrimination. In these cases, medical evidence can be used to request alternative arrangements, ensuring that the director can still comply with legal obligations without compromising their health or legal position.

In this article, we’ll cover:

• How medical evidence can be used to challenge an online or face-to-face interview

• The legal basis for requesting reasonable adjustments

• Real-life case studies where medical evidence secured a better outcome

• Practical steps for directors and their legal teams

Legal Basis for Using Medical Evidence in Insolvency Investigations

 Article 6 of the ECHR – The Right to a Fair Process

Article 6 of the European Convention on Human Rights (ECHR) guarantees the right to a fair trial and due process. If a director is suffering from a medical condition that prevents them from fully engaging in an interview, forcing them to proceed could render the process unfair.

The Equality Act 2010 – Reasonable Adjustments for Health Conditions

If a director’s mental or physical condition qualifies as a disability, the Insolvency Service is legally required to make reasonable adjustments under the Equality Act 2010. These adjustments could include:
    • Postponing the interview until the director is medically fit.
    • Allowing written responses instead of a live interview.
    • Conducting the interview with breaks and legal supervision.

Section 235 of the Insolvency Act 1986 – Cooperation Must Be Reasonable

The Insolvency Service often relies on Section 235, which requires directors to cooperate with the investigation. However, cooperation does not mean blind compliance, especially when a director’s medical condition makes participation unfair or unreasonable.
    A director is not refusing to cooperate by requesting a fairer or more suitable format—they are simply ensuring they are treated fairly under the law. 

How Medical Evidence Can Be Used to Secure Alternative Arrangements

Step 1: Obtain a Medical Report from a Doctor or Psychiatrist

A formal letter from a GP, psychiatrist, or specialist is crucial when requesting alternative arrangements. The medical report should:
    • Clearly state the diagnosis.
    • Explain how the condition impacts the director’s ability to participate in an interview.
    • Recommend a suitable alternative arrangement (e.g., a written response or a face-to-face meeting with legal support).

Step 2: Submit a Formal Request to the Insolvency Service

Once the medical report is obtained, the legal representative should submit a written request to the Insolvency Service, outlining:
    1. The director’s medical condition and its impact on their ability to be interviewed.
    2. The legal basis for requesting alternative arrangements (Article 6 ECHR, the Equality Act 2010, and Section 235 of the Insolvency Act 1986).
    3. A proposed alternative, such as written responses or a rescheduled interview with safeguards in place.

Step 3: Challenge Any Unreasonable Refusal

If the Insolvency Service refuses the request, the director can challenge the decision by:
    • Requesting an internal review of the decision.
    • Escalating the matter to a legal tribunal on the basis of unfair treatment.
    • Filing a formal complaint against the Insolvency Service for failing to make reasonable adjustments.

Real-Life Case Studies: Medical Evidence in Action

Case Study 1: Securing Written Responses for a Director with Severe Anxiety

Ms. L, a director of a failed retail business, was summoned for an online interview regarding potential wrongful trading. However, she suffered from severe anxiety disorder and PTSD, which made it impossible for her to handle high-pressure questioning.
Despite her solicitor explaining her condition, the Insolvency Service refused to provide alternative arrangements and insisted she attend the online interview.

**Outcome:** The Insolvency Service withdrew the online interview requirement and agreed to accept written responses instead, allowing Ms. L to comply without distress.

Case Study 2: Rescheduling a Face-to-Face Interview for a Director with Cognitive Impairment

Mr. P, a former director of a logistics company, had been suffering from early-onset dementia. His memory loss and cognitive delays meant that he could misunderstand questions and struggle to recall financial details accurately.

 **Outcome:** The Insolvency Service initially resisted, but after escalating the matter, they agreed to:
    • Postpone the interview to allow Mr. P more preparation time.
    • Allow his legal team to intervene during questioning.
    • Ensure the interview was fully recorded, so no misinterpretation could be used against him.