So worried .Advice needed.Interview under caution

schristine06

pmlindyloo wrote: »

Just to add that any evidence you take to show that she moved out should date back to when you first started claiming benefits.

Thanks. This is the problem. Ive just asked her to gather all of the suggested documents and a lot of it does not go back far enough. Ive told her that she needs to get her BF mother to be honest and write a statement confirming she has lived there for the length of time she honestly has but it seems the buck is being put on to my shoulders and im being penalised and worrying and am innocent. Its an extremely difficult situation.

schristine06

pmlindyloo wrote: »

I know you have been looking at various websites. Have you looked at this one?

http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/

Yes i have looked at this site thank you. Think ive read the majority of them tbh. Im trying to actually speak to someone but thats proving a very difficult task. CAB are understandably very busy so extremely difficult to contact. Community legal advice couldnt offer any advice and googling free legal advice only seems to bring up everything but! Sorry but its so frustrating.

zzzLazyDaisy

I am surprised that so many people are telling you not to worry about this. If I was required to attend an interview under caution, I would be worried, as I think most people would be. An interview under caution is only carried out where the council believe that they have clear evidence of benefit fraud, and may result in the case being passed to the council's legal department to consider the possibility of prosecution. This does not mean that will happen, but it certainly means that the interview should be taken seriously, in my view.

OP you may find this article helpful

http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/how-to-handle-an-interview-under-caution/

(Click on the blue links on the right hand side for more info).

If you cannot afford a solicitor, is there any possibility of a CAB adviser accompanying you? Or alternatively, does your area have a Law Centre?

I suspect that your DD's statement will be enough for them to at least adjourn the interview pending further investigation, but it really does not help that her employment, car, and gp are all registered to your address.

I am presuming that she is no longer on the electoral roll at your address, since that is something you have direct control over and have to re-confirm each year that the details of the occupants are still correct.

It sounds to me that she has kept all her details at your address, in order to 'fly under the radar' at her bf's address - presumably so that the mother's HB was not affected. That in itself is fraud, and if you were a willing party to this, you would still be in trouble. I do strongly suggest that you take someone with you, even a friend, rather than go alone.

I also suggest that you make your own written statement of evidence of the events from your point of view, and hand it in at the start of the interview. It doesn't have to be anything very formal, just something along these lines...

..........................................................................................................

Statement Of [Name]

My name is [name]

My address is [address]

1 I have been called to an interview under caution at [place] on [date and time]

2 I understand from a telephone conversation with [name] on [date] that the interview concerns the council's belief that my daughter [name] is living at my address as a non-dependent.

3 I deny that my daughter is a non-dependent and/or that she lives at my address.

4 I agree that she lived with me at my address until [date] when she moved out to live with her bf [name] and his mother [name] at their home at [address]. She has lived there continuously since then and as at today's date, this is still the case.

5 I have with me a separate statement from my daughter confirming this to be the case.

6 I also confirm that my daughter was removed from the electoral roll at my address when she moved out.

7 Insert any reference to any other evidence that you have that supports what you are saying (do not attempt to anticipate or answer questions that they might ask, just refer to any evidence that supports your case, in short separate paragraphs)

I confirm that the contents of this statement are true to the best of my knowledge and belief

Signed..................... (also type name here)

Dated .......................



...........................................................................................................

Take one copy of your statement to hand in and keep a copy for yourself.

Doing it this way will help you to put your thoughts in order.

When questioned, just stick to the truth, don't try to explain or interpret the facts, just tell them the facts from your point of view.

If they ask you why she did this or that, just tell them you don't know, if that is the case. Or if she did not re-direct her mail simply through laziness, or because she didn't get round to it, just tell them that. You cannot answer for her, and it might be that you may have to tell them that.

Good luck

D

lighting_up_the_chalice

schristine06 wrote: »

My daughter has written a statement confirming that she has not resided here for a few years but i feel this is not enough.

Does her statement include details of where she HAS been living?

schristine06

Thank you very much for all of your kind advice.

My daughter has not been on the electoral role since she moved out. Also her not being registered at her boyfriends address was something i honestly was not aware of and to be honest something that never concerned me. I did continually ask my daughter why her letters from her employers were being delivered to my address and all she could say was " i keep on telling them"!
The only occasions my daughter has stayed at my house over the past 3 years is genuinely Xmas eve 2012 and Xmas eve of 2011.
One set of neighbours that moved in over 2 years ago recently commented actually that they didnt even know i had an older daughter and also they didnt know i had an 18yr old son (he goes to 6th form then hibernates in his room).

I will copy the letter you have very kindly posted zzzLazyDaisy and gather statements from as many people as possible.

clairec79

the statement that your daughter having to sign to say she lived at her boyfriends - did she actually do this - or did she sign a statement saying she lived at your house (hence everything going to your house) and this statement is their evidence?

schristine06

clairec79 wrote: »

the statement that your daughter having to sign to say she lived at her boyfriends - did she actually do this - or did she sign a statement saying she lived at your house (hence everything going to your house) and this statement is their evidence?

She went along to the HR dept to ask for a copy of the statement she signed and it apparently does say that she was residng here but the CRB form states that she moved out in 2010. Very contradicting.
I guess this is the evidence they have and as ive mentioned before i can see why they would suspect me. As a previous poster mentioned the council have obviously done an audit of their staff and this has flagged up.
They certainly will not have any other evidence ie photographic but a paper trail is obviously enough .

zzzLazyDaisy

I suggest that you also make it clear in your statement that she has only stayed overnight at your house on two occasions since leaving home, and give the dates.

You might also want to invite them to visit your house where they will see that all bedrooms are occupied by the children who do live with you.

If your neighbours are willing to support you, you might ask them to write a letter to the council confirming that they have lived there two years and they have never seen your daughter in all that time and did not even know you had an elder daughter. Keep it short simple and to the point. Having said that many people, perhaps understandably, do not wish to get involved, and you can't do much about that.

Edit - it does just occur to me that your son is 18 and therefore an adult. So maybe he could accompany you, and confirm that he sister does not live there? Again, I can understand that you might feel divided loyalties and not want to get involved, but in your shoes I would be producing as much evidence as possible - the bf's mother's situation (which it seems likely is who your daughter was trying to protect) is not your concern.

schristine06

zzzLazyDaisy wrote: »

I suggest that you also make it clear in your statement that she has only stayed overnight at your house on two occasions since leaving home, and give the dates.

You might also want to invite them to visit your house where they will see that all bedrooms are occupied by the children who do live with you.

If your neighbours are willing to support you, you might ask them to write a letter to the council confirming that they have lived there two years and they have never seen your daughter in all that time and did not even know you had an elder daughter. Keep it short simple and to the point. Having said that many people, perhaps understandably, do not wish to get involved, and you can't do much about that.

Edit - it does just occur to me that your son is 18 and therefore an adult. So maybe he could accompany you, and confirm that he sister does not live there? Again, I can understand that you might feel divided loyalties and not want to get involved, but in your shoes I would be producing as much evidence as possible - the bf's mother's situation (which it seems likely is who your daughter was trying to protect) is not your concern.

Thanks again. As you say i want to go along with as much evidence as possible rather than just my daughters statement which will no doubt be full of discrepancies.
My one and only concern now is to clear my name and prove that i am completely innocent. I at first wanted it to be over and done with but now am pleased i have 3 wks to prepare a strong defence. Thank you so much for sharing your expertise.

nurse.lorraine

My son works abroad and is still registered at this address on the electoral roll, all his mail comes here as there is no where else for it to go, I then send anything out to him that he needs to see in bulk or I scan it and email to him.
His car insurance is here as well.
I claim benefits and have never had any problems.
I would actually be delighted if they tried to say he was living here illegally, they are charging me bedroom tax for his room.
There is nothing wrong with doing that, some people do it as their post 'isn't always safe where they live.