Benefits prosecution policy
Summary of Prosecution Policy
Tamworth Borough Council has a duty to administer claims for
Housing and Council Tax Benefit, including a responsibility to
prevent and detect Benefit Fraud. As part of its commitment to
protecting public funds, the Council will consider taking
prosecution action against persons suspected of committing a
benefit fraud, where it is felt the evidence will sustain a
prosecution and such action would be in the public interest.
When considering whether it is appropriate to instigate
proceedings it will be decided if there is clear and accurate
evidence of an offence, if the explanation given by the defendant
is credible in the light of all the evidence, and whether the
evidence supports an innocent explanation.
In deciding whether "public interest" is best served by
prosecution the amount involved and length of time over which the
offence was carried out will be considered. Also to be considered
will be any evidence of previous fraudulent claims, and if an
offender has abused their position of trust within the
Authority.
Alternatives to prosecution are a Local Authority Caution, which
is an oral warning given in certain circumstances to a person who
has committed an offence. Any cases selected for Caution must have
evidence to prove the offence. An Administration Penalty can also
be considered, which is a penalty equivalent to 30% of the
overpayment. Again in these cases there must be sufficient evidence
to prove the offence.
In all cases where an overpayment of benefit has occurred,
recovery will be sought in accordance with the Overpayments/Debt
Recovery strategy.
Following successful prosecution, the Authority will issue a
press release, giving details of the prosecution, in order to deter
potential fraudsters.