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Caution for fraud

JayKay
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Benefits adviser - Penwith Housing Association, Penzance

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Total Posts: 142

Joined: 14 July 2010

Is there any way of overturning a caution for fraud?

I have a tenant who it appears accepted a caution for fraud approximately one year ago.  She says that she did not realise exactly what she was signing - that she repeatedly stated during the interview that she did not think that she had committed fraud, and was assured no details would not show up on a CRB check.

From the information that I have got from the local council, the tenant’s hours of work increased.  She continued to provide wage slips showing the increase in wages and hours, but she did not make a specific statement to the council about the change.

On these facts it would appear that the basic condition for issuing a caution - that there is sufficient evidence for a prosecution - has not been satisfied. 

Or if it can’t be overturned, is there any other remedy that could be used?

Thanks

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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Joined: 16 June 2010

Does the following assist?

Wyman [R oao] v Chief Constable Hampshire [2006] EWHC 1904
http://www.bailii.org/ew/cases/EWHC/Admin/2006/1904.html

In one line summary terms, a caution is not allowable without “clear and reliable admission” - intent will be taken into account if it is relevant to the offence.

JayKay
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Benefits adviser - Penwith Housing Association, Penzance

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Total Posts: 142

Joined: 14 July 2010

Thanks - this looks like it is just what I need.