DWP have offered me a formal caution

pinchez

Thanks to everyone for all your help.

I will try and ring them in the morning to let them know i can't make it etc. I will also mention i have two letters dated the 24th from income support confirming i started work.

I'll let you know what happens

Thanks again...

Voyager2002

You most certainly should NOT accept the caution. Nor do I think you should take time off work.

I suggest you write to them stating again that you made your best efforts to inform the DWP that you started work. List, just as you did here, when you telephoned them and when you wrote to them. Include a photocopy of the letter they sent you.

Now, copy everything to your MP and mark on the letter to DWP that you have copied it to your MP. Include a complaint that they are too inefficient to take note that you have told them about starting work. Ask your MP to refer the matter to the Parliamentary Ombudsman.

When the DWP officials who have been bullying you see that lot, I think they will have brown underpants! Expect a grovelling apology, which is what you deserve.

Quincy_3

Voyager2002 wrote:

You most certainly should NOT accept the caution.

You have to accept the caution under PACE you cannot not accept it, but once all charges are dropped if it goes that way the Caution is scrubbed away.

Also as Ive been for one of these and the CAB or MP wont do diddly until you know what its for so that you can tell the MP or CAB office, until then just go to the interview.

KEATERGREYHOUND_2

hI THERE
I have no experiance of this type of thing at all but you did you say you tried to contact them but no joy. How dod you do this? If its by phone do you have an itemised bill that you could show to prove that on numerous occasions you did try to call to let them know?
Not in this sort of situtaion but others that ive found myself in an itemised phone bill works wonders
Just a thought maybe

Bossyboots

Quincy wrote:

You have to accept the caution under PACE you cannot not accept it, but once all charges are dropped if it goes that way the Caution is scrubbed away.

Also as Ive been for one of these and the CAB or MP wont do diddly until you know what its for so that you can tell the MP or CAB office, until then just go to the interview.

I think you have the wrong caution in mind. The OP has already been questioned and has been offered a formal caution for the "offence" as opposed to being cautioned before being interviewed.

Once the caution for the offence has been done, it will stand and no further charges can be brought for the same matter. Therefore, the advice not to accept the caution appears to be entirely correct from the information given.

Quincy_3

Bossyboots wrote:

I think you have the wrong caution in mind. The OP has already been questioned and has been offered a formal caution for the "offence" as opposed to being cautioned before being interviewed.

Once the caution for the offence has been done, it will stand and no further charges can be brought for the same matter. Therefore, the advice not to accept the caution appears to be entirely correct from the information given.

Aaah thanks for putting me straight :beer:

real1314

....I would STRONGLY suggest (from personal knowledge and experience) that you get to CAB asap. You may be entitled to free legal representation as you are effectively the defendant in this situation. The "Interview under Caution" that you have had carries the same weight, and is governed by the same rules, as a police interview, hence it is covered by the PACE (police and criminal evidence) Act. IIRC You should have been advised that you were entitled to legal advice before the interview (you may have not noticed?).

It's really not worth relying on a lot of the advice in this thread on such an important matter.

Bossyboots

real1314 wrote:

....I would STRONGLY suggest (from personal knowledge and experience) that you get to CAB asap. You may be entitled to free legal representation as you are effectively the defendant in this situation. The "Interview under Caution" that you have had carries the same weight, and is governed by the same rules, as a police interview, hence it is covered by the PACE (police and criminal evidence) Act. IIRC You should have been advised that you were entitled to legal advice before the interview (you may have not noticed?).

It's really not worth relying on a lot of the advice in this thread on such an important matter.

Free legal representation is not available for this type of interview. Legal aid is only provided where a police officer is present even though these types of interview are subject to PACE.

pinchez

Hi all

My partner managed to get in touch with the DWP this morning on my behalf. They made another appointment for me to come in for an interview and said it would be a 10 min chat, they also told my partner the caution is not criminal or police related and I have no need to worry.

At this stage I still feel angry about the injustice of it all but I’m thinking of taking copies of the letters with me to see if they drop it, if not I may just accept the caution as it won't give me a criminal record just to get it over and done with.

Is there any reason why I shouldn't accept it other than on moral grounds?

Thanks

sophistica

I would get legal advice or go to the Citizens Advice Bureau. I worked as a consultant to the Fraud Dept at the DWP and they have far reaching powers which can include making criminal charges against you...whatever they have told you.