Letter from fraud department, so stupid and scared

[Aldmi]

I got a letter from the councils fraud team yesterday saying they will be interviewing me under caution for fraud in relation to the self isolation £500 payment

I’m absolutely mortified, didn't sleep at all last night and keep throwing up with stress.

On the 17th of June, I received a message from my daughters after school care. That a member of staff had tested positive for Covid. And that they were closing the after-school care and notifying parents if their child had been a close contact.

They also told parents needed to come and collect their child asap.

Upon collection I was told by one of the workers who checked a list that my daughter was a close contact and would have to isolate.

A message was then posted through their messaging app confirming this.

I calculated this as her having to be off school until 25th June.

As a I am single parent with a court order in place as the resident parent. I must look after her as her mum has very little contact

I had heard of the £500 support and could apply for the support payment as I was staying at home with her and that I get universal credit with a child element. I applied for this the same night in a panic and included the requested documentation.

At the time I was very stressed, as my daughter kept constantly crying that she was going to get ill and be in hospital. Been away for work, due to be the only person in a busy department and very important appointment the next day. I also suffer from depression and anxiety which I am on medication for. I had presumed I would have a deduction from my salary.

Due to my ongoing anxiety and stress at work, by the time I was paid the next salary, I did not think to check the amount and had completely forgotten about the award. My salary had also changed over the previous months due to part time furlough.

I've spoken to a solicitor this morning, who says as its under caution I can get help from them for free. They are going to now contact the council to say I'm been represent and I will be doing the zoom meeting from their offices.

I feel so stupid and angry with myself for getting into this situation through nothing more then my on stupidity.

I work in a school, so if I am prosectured I will lose my job.

Has anyone heard of a case like this and what the likely outcome would be? going to court, prison etc

The interview isn't until next Friday and I can already feel to the point of a berakdown and its not even been 24 hours

@Aldmi

Today's update

Solicitor rang back and said they had spoken to the fraud department. The explained that as it was a voluntary interview, she had misunderstood and it doesn't qualify for legal aid. And if I wanted to still be represent it would be about £300 for 2 hours which you thought would cover it. I asked if she could possibly give me any free advice as this was setting off my anxiety and panic attacks. And said speak to them and see if they will move the meeting forward.

I rang the women on the letter who did sound very friendly. She said as they are having to do it by zoom, its not as easy to reschedule as been asked to pop into the council offices. I said I would rather get it over and done with as I've gone back and seen I made the error.

She asked me to email her with details of the medication on and she would speak to her manager and call me back today or tomorrow

I work in HR in a school MAT. We paid everyone in full apart from one person (school decided as she was on her third isolation in a short amount of time they wouldn't pay. As HR manager I did get an email asking if this person's pay was reduced so I'm surprised your employer didn't get that.

I got an email a couple of hours after the call.

She has cancelled the interview on Friday and is instead sending a letter with the questions she would have asked. That I just need to complete and return

That sounds like a relief then?

That's a great result!

@SunnyLeaf

That sounds like a relief then?

I hope so

I'm hoping that as I can just write out what happened and say I can pay back in full. As soon as they let me know how, that this will be the end of it

And I'm still at 95 percent it will be.
You know that the details you give when completing the form can not be used to prosecute you. You are not under caution so it is inadmissible. It is just a way of getting the cash back.
If they have any intention of taking legal action they have to do an interview under caution. They are not, so they are not going to prosecute you.

@ClareBlue

And I'm still at 95 percent it will be. You know that the details you give when completing the form can not be used to prosecute you. You are not under caution so it is inadmissible. It is just a way of getting the cash back. If they have any intention of taking legal action they have to do an interview under caution. They are not, so they are not going to prosecute you.

Thank you, I did have a slight niggle in my head that they could use what I have written as evidence to prosecute

Do not panic. calm yourself, please.

When interviewed under caution by the council fraud team, remember that their aim is to resolve the issue, not take you through the criminal court! They want you to pay back what you owe.

If you can't afford to pay it back in one go, offer monthly instalments. Have a plan ready when you go in to make an offer of repayment.

Don't admit fraud, say it was a mistake on your part. Don't talk too much - stick to the point. If they accept your offer of repayment, for goodness sake stick to it and pay it on time as agreed. This is all you need to do. Remain calm and prepare for the interview. Take a sheet of notes which will include your repayment offer.

You aren't going to be prosecuted under criminal law for fraud - there was no fraudulent intent on your part.

I'm not sure what you need a solicitor for, but okay if you feel you need one.

Before you do anything, double check with your employer that they didn't pay you by mistake.

The person you spoke to has obviously worked out, based on what you have already said that there is no scope to prosecute.

Your council sound very proactive. How did they find out you got paid in full?

@ClareBlue

And I'm still at 95 percent it will be. You know that the details you give when completing the form can not be used to prosecute you. You are not under caution so it is inadmissible. It is just a way of getting the cash back. If they have any intention of taking legal action they have to do an interview under caution. They are not, so they are not going to prosecute you.

I've just got the letter and it says my written response are under caution

What else does it say?

Please don’t panic, something similarish but not Covid related happened to me in the past, I paid it back and all was forgiven. I originally got a angry letter but actually I spoke to them in person and they were lovely. It was a genuine mistake with dates and I got extra money as a result and actually didn’t realise because at the time I had a few direct debits and hadn’t been checking my account much as was stressed out. But my point is, it wouldn’t really be worth the expense of prosecuting if you are happy to pay the money back when it was a genuine mistake.

@SavoyCabbage

What else does it say?

Letter and 1 of the documents

Be truthful, you will have to pay back the money if you were not entitled to it.
You will not be imprisoned for £500, you will likely have to pay any costs associated with the case.

Can you share the questions as well as then people will be able to help you answer them.

You didn’t enquire with your employer at any time as to if you’d get paid for the isolation period?

@Bluntness100

You didn’t enquire with your employer at any time as to if you’d get paid for the isolation period?

During the call they said 'we will just have to manage without you, it's not at ideal in the slightest and we will discuss on your return to work'

From this I presumed it meant they were going to deduct and did not work.

Ok so basically you never asked if you’d get paid or not? I think that’s fine. A bigger issue would be if you’d asked so knew you’d not be.

I think the thing they’ll have the issue with is that you’ve known for several months that you were paid from work and you haven’t contacted them to explain your mistake and arrange to refund the money. It may have been a genuine mistake but they may be thinking that you kept the money because you thought you could get away with it, i’m sure this happens all the time. If I were you I’d explain the circumstances and hope that they accept an apology and a full refund.

Sent the form back and filled it in best I could admitting that I applied for in good faith with no intention to make any gain. And that it was an oversight on my part, partly due to my mental health that the error was made. Also stated once I was made aware of it, I tried to pay it back in full immediately but was not allowed to. Hoping it it doesn't take them long to decide what to do.

The response I got back was:

I can confirm that I have received your email and attachment. Many thanks. If you are able to forward by post the hard copy as well I would be grateful.

I will be able to use your attachment to review the matter so I do not have to wait for the hard copy. I will do this as soon as possible to ensure the case is progressed quickly.

Many thanks for your cooperation. Your health will always be a primary concern so if you have any queries or questions in the meantime please do not hesitate to contact me.

I just thought I would give everyone an update.

I received a letter yesterday to say after reviewing my case. They have taken the decision to proceed with a prosecution.

Double whammy that I've informed my employer and they are now also launching a disciplinary investigation for:

1. failing to work during the isolation
2. brining the school into disrupt following the 'fraud'

I've now been suspended until this concludes. So yeah not ideal in any sense

What is the total overpayment?

Bloody hell that's harsh. Sorry op, must be stressful. Maybe contact citizens advice if you can't get free legal Advice?