Dr. Andre Alexander Appointed Volunteer Legal Advisor for Mast Cell Action

De Jure Chambers Limited, Solicitors, is delighted to announce that our Consulting Partner, Dr. Andre Alexander, has been appointed as a Volunteer Legal Advisor for Mast Cell Action, a leading charity supporting individuals affected by Mast Cell Activation Syndrome (MCAS).

Dr. Alexander’s involvement with Mast Cell Action reflects his deep commitment to charitable causes and his dedication to ensuring that those facing complex health challenges receive the support they need. With his extensive legal expertise in English common law and cross-border matters, Dr. Alexander will provide invaluable guidance on ensuring the charity’s operations comply with relevant legal regulations.

As a distinguished barrister and solicitor, Dr. Alexander has built a global reputation for his work in business law, finance, family law, and human rights law. His leadership and vision have earned him recognition for resolving international disputes and managing complex legal matters across multiple jurisdictions.

We are incredibly proud of Dr. Alexander’s continued achievements and wish him every success in this important role, knowing that his expertise will be of great benefit to the mission of Mast Cell Action.

Introduction:

Legal professionals, particularly solicitors and barristers, often face situations where their clients are in extreme distress. One such distressing situation is when a client is at risk of suicide. This paper aims to outline the responsibilities and actions that solicitors and barristers should undertake when confronted with a client at risk of suicide. It draws on guidelines from various resources and provides practical steps to ensure client safety while balancing professional and ethical responsibilities. It is not legal advice.

Understanding the Gravity of Suicide Risk:

Suicidal ideation, whether expressed verbally, in writing, or through behaviour, should always be taken seriously. Legal professionals must recognize the signs and act promptly to mitigate risks. It is critical to understand that the disclosure of suicidal thoughts is a cry for help, and timely intervention can save lives.

Ethical and Legal Responsibilities:

The protection of client confidences is a significant responsibility imposed on lawyers. According to Rule 1.6(a) of the Rules of Professional Conduct, lawyers are generally prohibited from revealing information acquired during the professional relationship with a client unless the client gives informed consent, the disclosure is impliedly authorized, or the disclosure is permitted by Rule 1.6(b). Specifically, Rule 1.6(b)(3) allows for the revelation of information to prevent reasonably certain death or substantial bodily harm​​​​.

Steps for Managing Clients at Risk of Suicide:

1. Immediate Assessment and Response
   • Take the Threat Seriously: Any disclosure suggesting suicidal ideation must be treated seriously. Assess the immediacy and specificity of the threat.
   • Contact Management: Discuss the situation with a manager or peer to agree on the next steps, which may include contacting emergency services if the threat is imminent​​.
2. Establishing a Contract of Care
   • Duty of Care Explanation: Clearly explain to the client the duty of care and the potential need to contact third parties, such as a GP, if they are at risk.
   • Safety Plan: Develop a safety plan with the client that includes measures to keep them safe, reminders of positive aspects of their life, supporting factors, and emergency contacts. Ensure both the solicitor and client have records of this plan​​.
3. Breaking Confidentiality
   • When Necessary: If the risk is immediate and the client does not consent to disclosure, the solicitor may need to contact the client’s GP or emergency services without consent. Document the rationale for this decision thoroughly.
   • Lawful Basis for Disclosure: Rule 1.14(b) permits the disclosure of confidential information when the lawyer reasonably believes the client’s suicide threat is credible. This is considered "impliedly authorized" under Rule 1.6(a). The decision to disclose should consider the likelihood of harm, the irreversibility of consequences, prior dealings with the client, and the potential adverse effects on the client​​.
4. Engaging Mental Health Professionals
   • Consultation: Lawyers may consult mental health professionals to evaluate the credibility of a suicide threat. The disclosure should be no greater than necessary to obtain an opinion. Resources like the National Suicide Prevention Lifeline can provide guidance​​​​.
5. Documentation and Follow-Up
   • Thorough Documentation: Keep detailed notes of all conversations and actions taken. This ensures a clear record of the steps taken to address the client’s safety.
   • Follow-Up: Regular follow-ups with the client are crucial to monitor their well-being and ensure ongoing support​​.

Resources for Support:

• Samaritans: A listening service for individuals in distress (Phone: 116 123).
• NHS Urgent Mental Health Helpline: Provides local mental health support (https://www.nhs.uk/service-search/mental-health/find-an-urgent-mental-health-helpline).
• C.A.L.M: A helpline for emotional support available from 5 pm to midnight (Phone: 0800 585858).
• Papyrus: Support for young people under 35 struggling with suicidal thoughts (Call: 0800 068 4141)​​.

Conclusion:

Managing clients at risk of suicide is a complex and sensitive responsibility for solicitors and barristers. It requires balancing ethical obligations, legal responsibilities, and the need to protect the client’s well-being. By following established guidelines, maintaining open communication, and utilizing available resources, legal professionals can provide the necessary support to clients in crisis, potentially saving lives while upholding their professional duties.

_____

Paul Chiy LLB, LLM, PhD, FCIArb, FCILex Barrister

Dr. Paul Chiy is a Barrister and Arbitrator practicing in England, Wales, France, and Cameroon. Admitted to the Roll of Solicitors in 2007, he became a Solicitor Advocate in 2011. Dr. Chiy regularly appears in the High Court, County Courts, and Magistrates Courts across England and Wales, representing both Claimants/Applicants and Defendants/Respondents.

Appointed as a Lay Magistrate on the Cambridge Bench by the Lord Chancellor in 2004, he remains on the Supplemental List for England and Wales. Dr. Chiy founded the Opportunity Foundation to promote social mobility and established Social Justice Partnerships to foster collaboration on social justice issues. He is authorised by the Bar Council for direct public access,. This further demonstrates his deep commitment to the legal profession and social justice.

LEGAL NOTE

The Responsibilities of Legal Representatives under the Sponsorship Scheme

INTRODUCTION

1. Upon successfully obtaining a Sponsorship Licence, there are several duties and responsibilities that you must carry out as set out by the UKVI in the Skilled Worker visa policy guidance.

INSTRUCTIONS

2. To explain the responsibilities of sponsors (legal representatives) under the Sponsorship Scheme under the Worker and Temporary Worker routes of the immigration system.

DEFINITIONS

You/Your Legal Representatives/Sponsors

We/Us Home Office

RESPONSIBILITIES OF SPONSORS

When to our duties start?

3. Your responsibilities as a sponsor start on the day we grant your licence and will continue until:

· you surrender your licence

· we make your licence dormant (for example, when you have been taken over by another organisation)

· we revoke your licence

4. We reserve the right to take into account actions or behaviours (including immigration abuse, criminal conduct, or behaviour not conducive to the public good) that have occurred outside of the life-cycle of your licence.

5. Your responsibility for each worker you sponsor starts on the day you assign a Certificate of Sponsorship (CoS) to them and ends as soon as any of the following events occurs (and you have reported the relevant event as required in the ‘Reporting duties’ subsection below):

· they leave the UK and their entry clearance or permission expires or lapses;

· their application for entry clearance or permission is refused, or is cancelled, and any administrative review or appeal rights have been exhausted;

· they are granted entry clearance or permission to work for a different sponsor;

· they are granted settlement (indefinite leave to remain), or permission to stay on an immigration route that does not require sponsorship on the Worker or Temporary Worker routes;

· you tell us that you are no longer sponsoring the worker for any other reason – for example, you have dismissed them or they have resigned.

What are our sponsor duties?

6. Your duties as a licensed sponsor include:

· assigning key personnel roles

· reporting duties

· record-keeping duties

· complying with our immigration laws and all parts of the Worker and Temporary Worker sponsorship guidance

· complying with wider UK law

· not engaging in behaviour or actions that are not conducive to the public good

· safeguarding children

7. These are described in more detail below. If you fail to comply with your sponsor duties, we may take action against you. This can include any of the following sanctions:

· reducing your CoS allocation or setting it to zero;

· downgrading your licence rating;

· suspending your licence while we investigate further;

· revoking your licence;

· reporting you to the police or other relevant authorities.

Assigning key personnel roles

8. Sponsor licence holders are required to assign a number of compliance roles to individuals who meet the suitability criteria. These roles can be assigned to a single person or multiple people.

Authorising officer

9. The authorising officer should be the most senior employee with authority to hire migrant staff. They are ultimately responsible for the sponsorship licence.

Level 1 and 2 users

10. Level 1 and 2 users perform the day-to-day activities required of the sponsor licence holder, through the online Sponsorship Management System.

11. Initially, there only needs to be one Level 1 user. Additional users can be added at any time and can include employees and external users.

12. Level 2 users can also be added and have restricted system access.

Key contact

13. The key contact is responsible for liaising with the Home Office. Again, this role may be outsourced to an external party, such as an immigration solicitor.

14. Allocated staff must be based in the UK and must not be subject to any bankruptcy or debt relief restrictions.

15. When making a sponsorship application, the Home Office will verify that all key personnel do not pose a threat to immigration control.

16. Any prior failures to carry our sponsorship duties or convictions for immigration offences, fraud, money laundering, or failure to pay VAT, may put a licence in jeopardy.

Reporting duties

17. You must report certain information or events to us using the SMS within the time limits set below.

18. Any information reported about a worker’s nonattendance, non-compliance or disappearance may be used to take enforcement action against them.

Changes you must report within 10 working days

19. You must report the following within 10 working days of the relevant event occurring, or as specified below:

· if a sponsored worker does not start the role for which they are being sponsored – you must include in your report any reason given for their non-attendance, if known (for example, a missed flight, illness or bereavement)

· if a sponsored worker is absent from work for more than 10 consecutive working days without permission – you must report this within 10 working days of the tenth day of absence

· if a sponsored worker’s contract of employment or contract for services, or any relevant professional registration ends earlier than shown on their CoS

· if you stop sponsoring a worker for any other reason – for example:

their application for entry clearance or permission is refusedyou become aware they have moved on to an immigration route that does not need a sponsorthey are absent from work without pay for more than 4 weeks and this absence is not covered by any of the exceptions specified in paragraph 9.30.1 of the Immigration Rules or the ‘Unpaid leave’ section in Part 2: Sponsor a worker

· if there are any significant changes in the sponsored worker’s employment – for example:

o a promotion or change in job title or core duties, other than those which need a change of employment application – see the ‘Extensions, change of employment and settlement’ section of Part 2: Sponsor a worker for more information on this

o a reduction in salary from the level stated on their CoS – you do not have to report increases to salary

o the location they are employed at changes

· if a sponsored worker’s employment is affected by TUPE or similar protection

· if a worker’s sponsor changes but they will remain working for the same employer and in the same employment

· if the size or charitable status of your business changes – for example:

o you were a large company but you now qualify as a small company or have gained charitable status

o you were a small company but are now a large company

o you previously held charitable status but have ceased to do so

20. When you submit your report, you must also, where relevant, include the last recorded residential address and contact telephone number for the worker, and any personal email addresses you have for them.

Changes you must report within 20 working days

21. If there are any significant changes to your own organisation, you must report these within 20 working days of the change.

22. Examples of significant changes include if you:

· change your company’s name or the name of any of your branches;

· sell all or part of your business;

· are involved in a merger or are taken over;

· stop trading or go into an insolvency procedure;

· substantially change the nature of your business;

· are convicted of a relevant offence as defined in Annex L4 of Part 1: Apply for a licence.

Other changes you must report

23. You must give the police any information that suggests any worker you are sponsoring on any route may be engaged in terrorism or criminal activity.

Record-keeping duties

24. You must keep certain documents for each worker you sponsor. Appendix D of the sponsor guidance lists these documents and how long you must keep them.

25. The documents can be kept in paper or electronic form.

26. If the documents are kept electronically, you must make sure that all the relevant parts of the document are visible as described in Appendix D.

27. You must give us, when asked, any documents relating to your sponsored workers or the running of your organisation that we consider relevant to assessing your compliance with your duties as a sponsor.

28. If you fail to provide the documents when asked or within the timeframe we specify, we will take action against you.

29. If you sponsor a child aged under the age of 18, you must keep a copy of a consent letter from their parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child. This should contain their consent to the child’s application, and to the child’s travel, reception and care arrangements in the UK. Children aged 16 and 17 have the legal right to live independently in the UK, and may make their own arrangements for accommodation, but they need the consent of their parent(s)/legal guardian to do this and to travel to the UK if applying from overseas.

30. Some of the documents you must keep as part of your sponsorship duties may also need to be kept for other purposes and, in some cases, for a longer period than that which required for sponsorship purposes (for example, to comply with legislation on preventing illegal working).

31. You must meet any legal requirements for record keeping set by us or another government department.

32. You must also be aware of your responsibilities under the Data Protection Act 2018 and the General Data Protection Regulation. The ‘Guide to the General Data Protection Regulation’ page on the Information Commissioner’s Office website has information on this.

Complying with our immigration laws

33. You must comply with our immigration laws and all parts of the Worker and Temporary Worker sponsor guidance. To do this, you must:

· only employ workers who are appropriately qualified, registered or experienced to do the job or will be by the time they begin the job – for example, if the worker will be sponsored as a doctor, you must make sure they have the correct registration that allows them to practise legally in the UK;

· keep a copy of any registration document, certificate or reference that confirms they meet the requirements of the specific job, and give this to us on request – we may request further information or evidence from you or the worker to confirm this requirement is met;

· not employ workers where they do not have the experience, qualifications or immigration permission to do the job in question, and stop employing any workers who, for any reason, are no longer entitled to do the job;

· not assign a CoS where there is no genuine vacancy or role which meets the Worker or Temporary Worker criteria – if you assign a CoS and we do not consider it is for a genuine vacancy, we reserve the right to suspend your licence, pending further investigation which may result in your licence being revoked;

· only allow the worker to undertake the roles permitted by the conditions of their stay – see the ‘Conditions of stay’ section of Part 2: Sponsor a worker for further information;

· only assign a CoS to workers who you believe will meet the immigration requirements of the route on which you propose to sponsor them, and are likely to comply with the conditions of their permission – see Part 2: Sponsor a worker and the relevant route-specific guidance;

· disclose (by adding a sponsor note) if you assign a CoS to a family member of anyone within the sponsor organisation if it is classed as a small or medium-sized business, or if you are aware you are assigning a CoS to a family member of anyone else within a sponsor organisation classed as a large business;

· only assign a CoS to a worker if you are satisfied they intend to, and are able to, fill the role;

· where relevant, understand and fulfil your responsibilities in relation to the Academic Technology Approval Scheme (ATAS) requirement.

ATAS requirement for certain roles

34. If you are sponsoring a person on the Skilled Worker, Global Business Mobility, Government Authorised Exchange or International Agreement routes, you must check, and confirm on the CoS, whether that worker requires an Academic Technology Approval Scheme (ATAS) certificate. If they do:

· you should advise the worker to apply for an ATAS certificate from the Foreign, Commonwealth and Development Office (FCDO) as soon as possible, as they will need to include a copy of their certificate with their application for entry clearance or permission to stay;

· when the worker has received their ATAS certificate, you must make and retain a copy of the certificate, or of the electronic approval notice the worker received from the FCDO;

· you must not continue to sponsor the worker if they either refuse to apply for an ATAS certificate, or their application for an ATAS certificate is refused by the FCDO.

ATAS condition for non-sponsored visiting academic researchers

35. Academic researchers can come to the UK as Visitors, without being sponsored, in some circumstances. For further information on who is eligible, see under the heading ‘science, research and academia’ in the Visit casework guidance on GOV.UK.

36. From 21 May 2021, all non-sponsored visiting academic researchers (other than exempt nationals) who are carrying out or taking part in research at postgraduate level or above in a relevant subject area must hold an ATAS certificate before they begin any such research. For further information on who needs an ATAS certificate, see the ATAS page on GOV.UK.

37. As a matter of best practice, we recommend you keep a copy of the ATAS certificate of any such visiting researcher, in the event that there are wider compliance concerns around the general principle for sponsors to uphold the integrity of the immigration system and prevent abuse.

38. Visiting researchers who fail to obtain an ATAS certificate before starting any relevant research activity in the UK will be in breach of the conditions of their visit permission and may face enforcement action as a result.

Genuine vacancy: definition

39. A genuine vacancy is one which:

· requires the jobholder to perform the specific duties and responsibilities for the job and meets all of the requirements of the relevant route;

· does not include dissimilar and/or predominantly lower-skilled duties;

· is appropriate to the business in light of its business model, business plan and scale.

40. We may request additional information and/or evidence from you or the worker to establish this requirement has been met, and may refuse the worker’s application if this is not provided within our deadline.

41. Examples of vacancies that are not considered to be genuine include, but are not limited to:

· a role that does not actually exist;

· one which contains an exaggerated or incorrect job description to deliberately make it appear to meet the requirements of the route when it does not, or is otherwise a sham;

· a job or role that was created primarily to enable an overseas national to come to, or stay in, the UK;

· advertisements with requirements that are inappropriate for the job on offer (for example, language skills which are not relevant to the job) or incompatible with the business offering the employment, and have been tailored to exclude settled workers from being recruited.

42. When you assign a CoS, the duration stated on the CoS must be an accurate reflection of the expected duration of the role. You must not assign a long-term CoS for a short-term role to enable the worker to be granted a longer period of permission.

Complying with wider UK law

43. You have a duty to comply with wider UK law (other than immigration law). This includes, but is not limited to:

· complying with UK employment law;

· complying with illegal working and right-to-rent legislation;

· holding suitable planning permission, local planning authority consent or any legally required licence registration or approval to run your type/class of business at your trading address (where this is a local authority requirement);

· if you are a food business, being registered with or approved by the relevant food authority;

· if you are required to be registered with or inspected or monitored by a statutory body to operate lawfully in the UK (such as a nursing or care home, financial or insurance business, or healthcare provider), ensuring you are registered with the appropriate body;

· only employing a worker who has had a Disclosure and Barring Service (DBS) check, where this is a requirement for the role;

· where relevant, complying with our requirements on safeguarding children;

· not engaging in any criminal activity.

Behaviour that is not conducive to the public good

44. All sponsors have a responsibility to behave in a manner that is consistent with our fundamental values and is not detrimental to the wider public good.

45. The Home Office will not license organisations whose actions and behaviour are non-conducive to the public good.

46. Such actions and behaviour include but are not limited to:

· fostering hatred or inter-community division;

· fomenting, justifying or glorifying terrorism;

· rejecting the rights of, or discriminating against, other groups or individuals on the basis of their sex, age, disability, gender reassignment, sexual orientation, marital or civil partnership status, race, or religion or belief (including lack of belief).

47. The Home Office will refuse a sponsor licence application or take the appropriate compliance actions if a prospective or existing sponsor is engaging, or has ever engaged, in such behaviour or actions. The compliance action taken will depend on the gravity of the behaviour and actions but could include compliance actions up to and including revocation of your licence.

Safeguarding children

48. Under section 55 of the Borders, Citizenship and Immigration Act 2009, we must have regard to the need to safeguard children and to promote their welfare when exercising immigration functions.

49. We do not consider that section 55 of the 2009 Act imposes a general duty upon us to consider the welfare of children of sponsored migrants when making decisions about licensing. However, we do consider it appropriate to ensure sponsors, and prospective sponsors, have suitable care arrangements in place for any child under 18 who will work for them in the UK, or will otherwise be under their care or supervision.

50. These include arrangements for the child’s:

· travel to the UK;

· reception when they arrive in the UK;

· arrangements while in the UK, as well as parental consent to these arrangements.

51. If we are not satisfied you have suitable arrangements in place (where required), we will refuse your sponsor licence application.

52. If you already hold a licence and we find out you do not have suitable arrangements in place (where required), we will revoke your licence.

53. You must have a Disclosure and Barring Service (DBS) check on any of your workers undertaking a ‘regulated activity’ for children. If your sponsored worker requires a check, they must show you their certificate of good character or criminal record check. If you require a check, you must ensure it is carried out.

Creative Workers below school-leaving age

54. If you are, or intend to, sponsor children below school-leaving age on the Creative Worker route to take part in films, plays, concerts or other paid public performances, or that take place on licensed premises, or paid modelling assignments, you must apply for a child performance licence from the local authority.

55. If you are not responsible for producing or organising the event, you must ensure that the person or organisation responsible for the event has obtained a child performance licence for the child before the event. See ‘Sponsor a Creative Worker’ for further information.

De Jure Chambers has been awarded a Standard Crime Contract by the Legal Aid Agency. This means that for the next year, we will be able to carry out Contract Work for Criminal Investigations and Criminal Proceedings. This includes appeals and reviews.

Through our Legal Aid contract, we are now able to offer legal representation to anyone facing criminal charges who cannot afford to pay for their own lawyer. If you think you might be in such a position, please get in touch with us and we will let you know if you are eligible, free of charge. We will be practicing in:

CAMBRIDGESHIRE: Cambridge and Ely
LONDON: Bishopsgate, Camberwell Green, Central London, Clerkenwell, Hampstead, Highbury Corner, Old Street, and Tower Bridge.

We were also successful in bidding for Prison Law, including Appeals and Review.

We were able to do this because we passed the SQM desktop audit. Contract holders have to hold a Quality Standard throughout the Contract Period, and applicants have to demonstrate that they hold either the LAA’s Specialist Quality Mark (“SQM”) or the Law Society’s Lexcel Practice Management standard (“Lexcel”). Thanks to the tireless work of our senior paralegal and the responsiveness of our existing clients, we passed our SQM desktop audit the first time around. Our award is still subject to basic verifications, but we are confident we will meet these requirements.

 If you are seeking advice on any of the issues discussed in this article, please feel free to contact De Jure Chambers on 01223 643580 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will be happy to help.  

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We are delighted to announce that Dr Paul Chiy, the Principal of De Jure Chambers, has been admitted as Fellow by the Chartered Institute of Arbitrators (CIArb).

Fellowship is the highest grade of CIArb membership, and it is awarded to members who have demonstrated an excellent standard of work in dispute avoidance and resolution, as well as a fierce commitment to professionalism and integrity. Dr Chiy has been named Fellow in recognition of his sixteen years’ experience working in a lead or solo capacity in Alternative Dispute Resolution (ADR), work which includes settlement agreements, the management of proceedings, and the attendance of hearings that have resulted in the publication of a reasoned award or decision. The admission also endorses Dr Chiy’s experience writing mediation agreements, heads of agreements, and memorandums of understanding.

The CIArb was founded on 1^st March 1915 and was granted a royal charter by Queen Elizabeth II in 1979. While it is based in the UK, the CIArb is a truly global enterprise, with 17,000 members across 149 different countries, all supported by a network of 42 branches. The CIArb is the world’s leading centre of excellence for the practice and profession of ADR. It acts as a global hub for practitioners, policy makers, academics, and business people to support the promotion, facilitation, and development of all ADR methods.

Dr Paul Chiy

Dr Paul Chiy is a Barrister and Arbitrator of England, Wales and Cameroon. He was admitted to the Roll of Solicitors in 2007 and as a Solicitor Advocate in 2011. He was appointed by the Lord Chancellor as a Lay Magistrate (Cambridge Bench, UK) on 27 July 2004 and remains in the Supplemental List for England and Wales. Dr Chiy founded the Opportunity Foundation which promotes social mobility and Social Justice Partnerships, a compact of social justice partners.

Contact:

                                                                 Email

linkedin.com/in/paul-chiy-06596a6    @DrPaulChiy        This email address is being protected from spambots. You need JavaScript enabled to view it.

Chartered Institute of Arbitrators

https://www.ciarb.org/