interview under caution.

McKneff

Is there any rules as to how they can call you in.

Do they have to contact you by letter, any particular time scale of notice to enable you to prepare.

Family member got a telephone call from 'them' telling them to come in for an interview under caution, 1.5 hours notice.
Done absolutely nothing wrong, stopped the benefit till its investigated.

Surely this is not right.

dazzadub

i dont know, depends what its was for, some times anything can cause a interview, i changed my address and they stopped my money but sorted it with in few mins over phone

vixtay_2

The DWP or council should only ask you to come to an interview under caution if they suspect that your actions may have been fraudulent. But remember: it doesn’t mean that you have done anything wrong just because they want to interview you.
So, when you go to an interview under caution the investigators will want to find out whether:

• there is something you should have told them about that affects your benefits; and
• you deliberately misled them about it; and
• you should have understood that, because of this, you’d get more (or wouldn't lose) benefits.
• With regards to notice they usually put it in writing NOT a phone call.....

McKneff

Thanks Vixtay,
Someone has been vindictive and reported her for going out to work when she certainly has not.

This is what happens on a daily basis.
She takes her son to School quite a long way away (they have just moved house but want the son to stay at school he attends)
Goes out same time each morning, 2 hours and is back from dropping him off, goes out again same time in afternoon, 2 hours later brings him back from school.

She can prove her innocence without question but its the fact that the benefit, (i think its ESA) is stopped straightaway and will cause hardship the longer it goes on.

Mupette

If she only had 1.5 hours notice, and she had nothing to hide, surely it's all done and dusted now and benefits resumed?

Hammyman

Its not like she had anything else to do other than collecting said child...

cit_k

It does sound wrong, very, wrong.

Asking the person to attend the office
49. The onus is upon the person to attend an appointment in the office.
A special appointment should be made for the person to attend for
interview when it is intended to offer a caution. Complete and issue
Form FC2 to the person.

source


1.5 hours is NOT enough time for people to contact any source of legal advice or arrange for childcare, or arrange for someone to represent them.

If they rang, and did not send any form, it is out of order.

Complain.

dogcat_2

How did she get on.......hope things worked out well.

McKneff

dogcat wrote: »

How did she get on.......hope things worked out well.

No idea as yet, I think they are waiting for information re school run, etc.

No benefit till the investigation is complete.

My neice is one of the most honest people I know, how people can do this sort of thing is beyond me.

UnderPressure

It s truly ridiculous when it is happening to you they do need to follow up these cases though as others are genuine

I think they should take the details of the person that gave them the information as I am sure there will be a good percentage of these that are plain malicious there really should be some kind of comeback on the person that gave the information.

It happened to me years and years ago, I was out of work the one and only time I have claimed what was then "dole", I claimed it for a month went to my second sign on day and they called me into a back room to be interviewed under caution no notice nothing, said they had received information I was working, I know where it came from a very spiteful ex that I split up with around the same time I lost my job, anyway I did the interview told them to investigate me till the cows come home and in the next breath told them where to shove their dole money

Never claimed it since and never would now, well if I really had to I suppose I would but it all seems far too complicated nowadays more like a dictatorship than an out of work benefit!

I hope it all works out for you niece and lets hope whoever it is that has put her in this position gets what is coming to them!

casterweb

Personally, I wouldn't dream of attending an interview under caution without seeking legal advise first.

I would also be looking to bring a legal representative with me to the interview. After all, if you were to be interviewed by the police, most people would seek some sort of advise (whether one was guilty or not).

And I don't buy this 'If you've got nothing to hide why bother' mentality. An interview like this COULD HAVE serious repercussions and need to be treated with extreme caution.