Fraud Cases - Lewisham Council Housing Contractors

The request was successful.

Dear Lewisham Borough Council,

Grateful for the following information please:

1. The number of cases of suspected fraud by LCC’s housing management providers (Lewisham Homes, Regenter and their respective sub-contractors) have been reported to LCC from 01st January 2018 to 31 December 2019?

2. How many of the suspected cases were investigated?

3. Of the cases investigated how many were confirmed to be an act of fraud?

LCC has a zero-tolerance approach to fraud and fraud is a criminal offence. Fraud includes – bribery, corruption, conflict of interests, false representation, abuse of position, failing to disclose information and falsifying information etc.

4. Of those cases confirmed to be fraud, how many has the Council pursued legal action against?

5. How does LCC ensure that all its housing contractors (and their sub-contractors) staff are aware of LCC’s fraud policy, monitoring and reporting mechanisms?

6. If one of LCC’s housing contractors or sub-contractors receives a fraud complaint related to delivering a LCC contract, if, how and by when must they inform LCC of the case?

7. Do all LCC’s housing contractors and their sub-contractors have whistleblowing procedures AND whistle-blower protection policies?

8. What is the appropriate route for LCC’s housing contractors’ and sub-contractors’ staff to anonymously report suspected fraud to LCC? How does LCC ensure they are aware of this?

Yours faithfully,

Paul

Foi, Lewisham Borough Council

Dear Sir/Madam

Re: Freedom of Information Act 2000

Thank you for your recent request for information. This is to inform you that we are unable to answer your request based on the details you have provided. To assist us in proceeding with your request please can you provide us with further information.

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http://ico.org.uk/~/media/documents/libr...

After receiving further clarification from you, your request will be acknowledged and considered and you will receive a response within the statutory timescale of 20 working days, subject to the application of any statutory exemptions.

Many thanks and kind regards

Wendy Stevens
Corporate Complaints, Casework and Information Governance Team

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Dear LCC

Name below.

Yours sincerely,

Paul Waller

Foi, Lewisham Borough Council

Your request may be delayed due to urgent operational responses to dealing
with Covid_19 priorities. We apologise for any inconvenience this may
cause, we do remain committed to responding to your request and will
respond as soon as we are able.

Should our response to your request breach the statutory time-frame and
you remain unhappy with our response you have the right to complain to the
Information Commissioners Office and you can contact them at:

[1]https://ico.org.uk/global/contact-us/

Telephone: 0303 123 1113

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

[2]Coronavirus information

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Foi, Customer, Lewisham Borough Council

Dear Paul,

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004 Reference No: 6087673

Thank you for your recent request.

Your request is being considered and we usually aim to respond within the statutory timescale of 20 working days, subject to the application of any exemptions. Where consideration is being given to exemptions the 20 working day timescale may be extended to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.

Please be aware that your request may be delayed due to urgent operational responses to dealing with Covid_19 priorities. We apologise for any inconvenience this may cause, we do remain committed to responding to your request and will respond as soon as we are able.

Should our response to your request breach the statutory time-frame and you remain unhappy with our response you have the right to complain to the Information Commissioners Office and you can contact them at:

https://ico.org.uk/global/contact-us/
• Telephone: 0303 123 1113
• Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

There may be a fee payable for the retrieval, collation and provision of the information requested where the request exceeds the statutory limit or where disbursements exceed £10. In such cases you will be informed in writing and your request will be suspended until we receive payment from you or your request is modified and/or reduced.

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Please note that the directorate team may contact you for further information where we believe that the request is not significantly clear for us to respond fully.

Kind regards

Corporate Complaints, Casework and Information Governance Team

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Foi, Customer, Lewisham Borough Council

Dear Paul

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No: 6087673

Thank you for your request for information held by London Borough of Lewisham. I have included below a copy of your request, followed by the Council’s response.

1.The number of cases of suspected fraud by LCC’s housing management providers (Lewisham Homes, Regenter and their respective sub-contractors) have been reported to LCC from 01st January 2018 to 31 December 2019?

2.How many of the suspected cases were investigated?

3.Of the cases investigated how many were confirmed to be an act of fraud?

LCC has a zero-tolerance approach to fraud and fraud is a criminal offence. Fraud includes – bribery, corruption, conflict of interests, false representation, abuse of position, failing to disclose information and falsifying information etc.

4.Of those cases confirmed to be fraud, how many has the Council pursued legal action against?

5.How does LCC ensure that all its housing contractors (and their sub-contractors) staff are aware of LCC’s fraud policy, monitoring and reporting mechanisms?

6.If one of LCC’s housing contractors or sub-contractors receives a fraud complaint related to delivering a LCC contract, if, how and by when must they inform LCC of the case?

7.Do all LCC’s housing contractors and their sub-contractors have whistleblowing procedures AND whistle-blower protection policies?

8.What is the appropriate route for LCC’s housing contractors’ and sub-contractors’ staff to anonymously report suspected fraud to LCC? How does LCC ensure they are aware of this?

Whilst, we are not familiar with the acronym LCC, we have responded to your request on the basis that it is in reference to London Borough of Lewisham. If this is incorrect, please let us know and we will gladly review your request further.

We can confirm that there are no cases of fraud by Lewisham Homes or Regenter. In terms of your request for information relating to sub-contractors used by Lewisham Homes. Lewisham Homes are an ALMO (Arm's-length management organisation) and their own data controller, so any requests for data held by them, can be made directly using the following link:

[email address]

We hope you will find this information helpful.

You are free to use the information provided for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other re-use, for example commercial publication, requires the permission of the copyright holder. You may apply for permission to re-use this information by submitting a request to [email address]

You have a right of appeal against this response which you can exercise by writing to: Information Governance – 1st floor Town Hall Chambers, Catford, London. SE6 4RU. Or at: [email address]

This must be requested within 40 working days of the date of this response.

If you remain dissatisfied after receiving this decision, you then also have a further right of appeal, which you can make in writing, stating your reasons to the regulating body, the Information Commissioner's Office. Contact details are outlined below:

https://ico.org.uk/global/contact-us/

Telephone: 0303 123 1113.

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Corporate Complaints, Casework & Information Governance Team
London Borough of Lewisham
Address: 1st Floor Laurence House, 1 Catford Road, London, SE6 4RU

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Dear Foi, Customer,

Thank you.

Apologies, yes LCC was referring to the Lewisham County Council or as you state the correct name is the London Borough of Lewisham.

Questions 1-4 were answered however I do not think questions 5-8 have been answered. Does this mean that the contracts Lewisham has with its housing management suppliers have no mechanisms for ensuring suppliers are aware of Lewisham's fraud policies, how to report suspected fraud cases to Lewisham and ensuring that suppliers have whistleblowing policies in place to encourage the reporting of suspected fraud cases and subsequent investigation?

5.How does LCC ensure that all its housing contractors (and their sub-contractors) staff are aware of LCC’s fraud policy, monitoring and reporting mechanisms?
6.If one of LCC’s housing contractors or sub-contractors receives a fraud complaint related to delivering a LCC contract, if, how and by when must they inform LCC of the case?
7.Do all LCC’s housing contractors and their sub-contractors have whistleblowing procedures AND whistle-blower protection policies?
8.What is the appropriate route for LCC’s housing contractors’ and sub-contractors’ staff to anonymously report suspected fraud to LCC? How does LCC ensure they are aware of this?

Yours sincerely,

Paul

Foi, Customer, Lewisham Borough Council

Your request may be delayed due to urgent operational responses to dealing
with Covid_19 priorities. We apologise for any inconvenience this may
cause, we do remain committed to responding to your request and will
respond as soon as we are able.

Should our response to your request breach the statutory time-frame and
you remain unhappy with our response you have the right to complain to the
Information Commissioners Office and you can contact them at:

[1]https://ico.org.uk/global/contact-us/

Telephone: 0303 123 1113

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

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Foi, Customer, Lewisham Borough Council

Dear Paul

Please accept our sincere apologies for the delay in providing you with a further request. We have referred your email to the relevant service and will provide you with a response, as soon as we can.

Thank you for your patience, whilst we process your request

Yours sincerely

Corporate Complaints, Casework & Information Governance Team London Borough of Lewisham
Address: 1st Floor Laurence House, 1 Catford Road, London, SE6 4RU

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Dear Lewisham Council

I am disappointed that this request remains outstanding and worried that questions 5-8 below could not be answered quickly and simply.

I was surprised that the council confirmed "that there are no cases of fraud by Lewisham Homes or Regenter". Fraud occurs in all organisations so a zero return raises alarm bells that the council does not have the right mechanisms in place to identify, report and investigate fraud. Questions 5-8 below asked the council to provide details about some possible mechanisms.

Please confirm if LCC has a zero-tolerance approach to fraud and fraud is a criminal offence and that this includes – bribery, corruption, conflict of interests, false representation, abuse of position, failing to disclose information and falsifying information etc.

5.How does LCC ensure that all its housing contractors (and their sub-contractors) staff are aware of LCC’s fraud policy, monitoring and reporting mechanisms?
6.If one of LCC’s housing contractors or sub-contractors receives a fraud complaint related to delivering a LCC contract, if, how and by when must they inform LCC of the case?
7.Do all LCC’s housing contractors and their sub-contractors have whistleblowing procedures AND whistle-blower protection policies?
8.What is the appropriate route for LCC’s housing contractors’ and sub-contractors’ staff to anonymously report suspected fraud to LCC? How does LCC ensure they are aware of this?

Yours sincerely,

P.Waller

Foi, Customer, Lewisham Borough Council

Your request may be delayed due to urgent operational responses to dealing
with Covid_19 priorities. We apologise for any inconvenience this may
cause, we do remain committed to responding to your request and will
respond as soon as we are able.

Should our response to your request breach the statutory time-frame and
you remain unhappy with our response you have the right to complain to the
Information Commissioners Office and you can contact them at:

[1]https://ico.org.uk/global/contact-us/

Telephone: 0303 123 1113

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

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Foi, Customer, Lewisham Borough Council

Dear Mr Waller

Thank you for your email of 16 June 2020. Please accept my sincere apologies for the delay in providing you with a further response.

We have been informed that to provide you with a full response the contract between London Borough of Lewisham and Lewisham Homes has to be fully reviewed. Please also accept my assurances that this review is underway and as soon as it is completed, we will provide you with a full response.

Kind Regards

Corporate Complaints, Casework & Information Governance Team London Borough of Lewisham
Address: 1st Floor Laurence House, 1 Catford Road, London, SE6 4RU

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Dear Lewisham Council

It is very concerning that the Council does not know what fraud mechanisms it has in place with its housing suppliers, especially as a fraud case has been highlighted to the council recently and other cases are pending.

Please note that the council has more than one housing supplier, so contracts with all suppliers and their downstream partners should be checked. This includes Lewisham Homes, Regenter (Pinnacle and Rydon).

Regards

P.Waller

Foi, Customer, Lewisham Borough Council

Your request may be delayed due to urgent operational responses to dealing
with Covid_19 priorities. We apologise for any inconvenience this may
cause, we do remain committed to responding to your request and will
respond as soon as we are able.

Should our response to your request breach the statutory time-frame and
you remain unhappy with our response you have the right to complain to the
Information Commissioners Office and you can contact them at:

[1]https://ico.org.uk/global/contact-us/

Telephone: 0303 123 1113

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

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Dear Lewisham Council,

Grateful to know if the Council is still looking into this FOI case and if a response will be provided?

It is very worrying that the Council does not know what fraud mechanisms it has in place with its housing management suppliers (Regenter, Pinnacle and Rydon), to identify, record and report suspected fraud by the Council's contractors and their downstream partners to the Council's Fraud team to investigate.

Yours faithfully,

P.Waller

Foi, Lewisham Borough Council

Dear Mr Waller

Thank you for your email. I have looked at this case and there is still information outstanding. I have chased this on your behalf and would like to apologise for the delay and any inconvenience this may have caused you.

Kind regards

Wendy Stevens
Senior Customer Resolutions Officer
Corporate Complaints, Casework & Information Governance Team.
 

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Dear Lewisham Council

It is very concerning that after 5.5 months that Lewisham Council does not know or does not want to share the mechanisms that its contractors have or increasingly likely do NOT have, in place to identify, prevent, record, report and investigate fraud.

Please note that the number of suspected fraud cases reported to Lewisham Council, a council contractor or a sub- contractors in 2019 was not zero (0). It is worrying that it seems like Lewisham Council contractors which use public funds do not have to report suspected cases of fraud to Lewisham Council.

Since the last update additional suspected cases of fraud by the council's housing management company Regenter RB3 PFI ( Pinnacle PSG and Rydon) have been reported to Lewisham Council.

I hope that Lewisham Council will prioritise responding to this FOI about fraud and more importantly ensure that anti-fraud mechanisms are put in place with Lewisham Council contractors to provide residents with the assurances they demand about the use of tax-payers money.

QUESTIONS WHICH REMAIN UNANSWERED
Lewisham Council still has not confirmed if it has a zero-tolerance approach to fraud and fraud is a criminal offence and that this includes – bribery, corruption, conflict of interests, false representation, abuse of position, failing to disclose information and falsifying information etc.

5.How does LCC ensure that all its housing contractors (and their sub-contractors) staff are aware of Lewisham Council's fraud policy, monitoring and reporting mechanisms?
6.If one of Lewisham Council's housing contractors or sub-contractors receives a fraud complaint related to delivering a LCC contract, if, how and by when must they inform Lewisham Council of the case?
7.Do all Lewisham Council's housing contractors and their sub-contractors have whistleblowing procedures AND whistle-blower protection policies?
8.What is the appropriate route for Lewisham Council’s housing contractors’ and sub-contractors’ staff to anonymously report suspected fraud to Lewisham Council? How does Lewisham Council ensure they are aware of this?

Yours faithfully,

Paul

Foi, Lewisham Borough Council

Your request may be delayed due to urgent operational responses to dealing
with Covid_19 priorities. We apologise for any inconvenience this may
cause, we do remain committed to responding to your request and will
respond as soon as we are able.

Should our response to your request breach the statutory time-frame and
you remain unhappy with our response you have the right to complain to the
Information Commissioners Office and you can contact them at:

[1]https://ico.org.uk/global/contact-us/

Telephone: 0303 123 1113

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

[2][IMG]

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Foi, Customer, Lewisham Borough Council

Dear Mr Waller

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No: 6087673

We sincerely apologise for the extensive delay in responding to your 4 questions below and for any inconvenience this may have caused you. Please find below, a copy of your questions and our responses:

5.How does LCC (Lewisham County Council) ensure that all its housing contractors (and their sub-contractors) staff are aware of LCC’s fraud policy, monitoring and reporting mechanisms?

Response-LBL’s Housing Management Contractors have a Contractual obligation to set up and maintain personnel policies and procedures covering all relevant matters including employee ‘code of conduct’ policies. The Contractors will also ensure that all employees comply LBL’s policies in relation to the Conduct of staff and security arrangements.

6.If one of LCC’s housing contractors or sub-contractors receives a fraud complaint related to delivering a LCC contract, if, how and by when must they inform LCC of the case?

Response- LBL’s Housing Management Contractors have an obligation under the terms of their contracts to report fraud or corruption to the Authority especially if such incidents have the potential to cause risk to the Authorities assets. If the allegation of fraud is deemed to be serious then the Contractor has an obligation to report it immediately to the Authority by either contacting the Fraud team direct or by reporting it to the Strategic Housing Client team. The Housing Management Contractors have their own procedures in place to deal with minor incidents which do not impact on service delivery and which do not pose a risk to the Authority.

7.Do all LCC’s housing contractors and their sub-contractors have whistleblowing procedures AND whistle-blower protection policies?

Response- PIDA does not require employers to implement a whistle blowing policy

8.What is the appropriate route for LCC’s housing contractors’ and sub-contractors’ staff to anonymously report suspected fraud to LCC? How does LCC ensure they are aware of this?

Response-LBL’s Housing Management Contractors can anonymously report fraud by calling the fraud team direct or by contacting the Strategic Housing Client Team. Methods for reporting fraud can also be found on the Council’s website. Contractors have provided their sub-contractors with means by which they and their employees can anonymously report suspected fraud.

Please see the relevant webpage below which also contains the Councils Anti-Fraud and Corruption Policy:

https://lewisham.gov.uk/mayorandcouncil/...

We hope you will find this information helpful.

You are free to use the information provided for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other re-use, for example commercial publication, requires the permission of the copyright holder. You may apply for permission to re-use this information by submitting a request to [email address]

You have a right of appeal against this response which you can exercise by writing to: Information Governance – 1st floor Town Hall Chambers, Catford, London. SE6 4RU. Or at: [email address]

This must be requested within 40 working days of the date of this response.

If you remain dissatisfied after receiving this decision, you then also have a further right of appeal, which you can make in writing, stating your reasons to the regulating body, the Information Commissioner's Office. Contact details are outlined below:

https://ico.org.uk/global/contact-us/

Telephone: 0303 123 1113.

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Corporate Complaints, Casework & Information Governance Team London Borough of Lewisham
Address: 1st Floor Laurence House, 1 Catford Road, London, SE6 4RU

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Dear Lewisham Borough Council

Thank you for the responses. I will close this FOI. Please note the recommendation below in regards to (7) not requiring Council contractors and their sub-contractors to have / implement whistleblowing policies.

I would recommend that this is changed for all contracts. Fraud happens and its reporting should be encouraged. Employees who work for companies without their own whistleblowing and whistle-blower protection policies are less likely to overtly / covertly report fraud because of the fear of reprisals (e.g. loss of job, retaliation).

Yours sincerely,

Paul

Foi, Customer, Lewisham Borough Council

Your request may be delayed due to urgent operational responses to dealing
with Covid_19 priorities. We apologise for any inconvenience this may
cause, we do remain committed to responding to your request and will
respond as soon as we are able.

Should our response to your request breach the statutory time-frame and
you remain unhappy with our response you have the right to complain to the
Information Commissioners Office and you can contact them at:

[1]https://ico.org.uk/global/contact-us/

Telephone: 0303 123 1113

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

[2][IMG]

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Paul W left an annotation ()

To note the number of cases of fraud and suspected fraud reported to Pinnacle in 2019 is at least one. This case was reported to Rydon by telephone in Dec 2019 and in writing to Pinnacle on 27th Dec 2019.

I hope that in the future the Council will scrutinise and challenge the data provided to it by Regenter (Pinnalce and Rydon).

Paul W left an annotation ()

To confirm the information provided in this FOI is incorrect. I provided evidence of this to Lewisham Council and Pinnacle but neither have investigated and both have failed to rectify the incorrect information.

D-Jones left an annotation ()

Linked to FoI request 96012 to Lewisham Borough Council on the Regenter/Pinnacle Annual Survey which has raised concerns about the integrity of the survey. Other FoI requests question if the information provided by Lewisham Council about the Regenter PFI contract is correct. The links to these are below. The Council should investigate and correct these errors, if they are not then they should be included in a new request for information about suspected fraud covering 2020.

https://www.whatdotheyknow.com/request/d...

https://www.whatdotheyknow.com/request/c...

https://www.whatdotheyknow.com/request/c...

https://www.whatdotheyknow.com/request/c...

https://www.whatdotheyknow.com/request/d...

https://www.whatdotheyknow.com/request/c...