Interview Under Caution With the Council

[ThatBluntHiker]

If i have been called into an interview under caution with the Housing authority do they have to declare every allegation prior to the meeting or can they question other indiscretions during?
I have been offered the opportunity to seek legal advice which i am going to do but am just curious of how they operate?

What transaction have you had with them that might lead to this?

You're quite right; you need legal advice.

They arent legally required to reveal the allegations prior to it but may well reveal it to your solicitor. So definitely get legal representation. You also have the right to remain silent, just like with a police interview. Do you have any idea what it could be regarding?

I think I would be staying silent until they have revealed everything, then take advice from your solicitor.

Genuinely do you know what they are planning on accusing you of?

An example form a UK council selected by Google.

https://www.newcastle.gov.uk/services/environment-and-waste/investigations-and-enforcement-policies/being-invited-interview

And here's what Citizens Advice say:

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/if-youve-been-invited-to-an-interview-under-caution-for-benefit-fraud/

That's focussed on allegations of benefit fraud but if they want to talk about applications for housing the principle is the same.

Thanks for the responses and to be transparent, this is my friend and not me.

She has admitted to me that she didn’t update certain information over the past 2 years, like a partner moving in etc.
However, and hence my question. Apparently there is also another element that she is aware of that could potentially bite her badly that she didn’t disclose but hasn’t been stated on the letter. I think she is panicking incase it is brought up. She has assured me that today she is ceasing all claims or correcting the information.

Having read the links above i can see that an Interview Under Caution could be quite serious however do you think the council will pursue this or just a rap on the knuckles?

Sorry, i don’t know how to edit posts but i was meant to add, she is visiting CAB today for info. And doing a change of circumstances back dating to Jan 25.

If there's an overclaim it has to be paid back at the very least.

Could it be that as she did not update her Housing claim to say that her partner moved in so she could, i assume still get Housing Benefit and that this is what they have put on the letter to see if she goes down the i genuinely 'forgot' route , which she will back herself into a corner with if it turns out she in the same time period applied for the 25% discount on Council tax showing intent.

If she has committed benefit fraud the very least they will do is want the money back. And interview under caution when you have committed a crime is serious - not could be. Depending on how much is involved they may take it to court and if she is "lucky" she will have a criminal record and have to pay the money back with a potential fine or other sanction. Prison is not impossible, especially where there is a large amount of money involved and/or multiple frauds.

She doesn't want to panic in case they bring up whatever else she has done - she wants to panic about them finding out later! She will be given an opportunity to admit any further frauds - if she denies them and they later find out, that will go badly for her. In my experience she is better off making a clean breast of whatever she has done and hope for the minimum sanction. Because if they ever later find out - and the chances are that they will - they will in all likelihood throw the book at her.

She must be on the old housing benefit scheme, unless it’s just council tax support. I think a change in household triggers a move to Universal Credit which won’t be backdated. She definitely needs some support from CAB or similar.

@PhilippaGeorgiou & @Everyothernamewasalreadyinuse

I believe between you you have hit the nail on the head, having just spoken to her I think the element that hasn’t been mentioned is HB, they have alluded to CT at a discount and another claim but the HB is the elephant in the room.

To be honest it’s been a bit difficult getting her to admit what she is scared of due to her being very embarrassed and I only found out as we were due to go out yesterday but she was a mess when i arrived and she finally told me some of it.

She has spoken to CAB who told her where to get some representation and explained ones that do legal aid should she be eligible. And not to ignore the situation.

I have advised her to be truthful and not avoid/ignore the letter as it will not go away. I had no idea she was claiming anything and don’t have any understanding to the rules around this so its been difficult to advise her so i really thank you both and everyone who has contributed to this thread.