Prosecution of fraud

G Millward made this Freedom of Information request to Department for Work and Pensions

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Dear Department for Work and Pensions,

Following reports in the media of the very high number of people ruled fit for work, I would like to make a FoI request as follows;

1) Of the claimants ruled fit to work by ATOS and the DWP DM, in the period 2008/09 to the current date, how many have been prosecuted for benefit fraud.

2)In respect of those that have not been prosecuted, what is the reason why they have not been prosecuted.

Yours faithfully,

Mrs G Millward

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G Millward left an annotation ()

Depending on what they come back with, I intend asking them if they propose taking any action against the claimants GP or NHS specialist...I intend making them live up to their fiction!
After all, they prosecute other benefit claimants (tax credits) for example so why not WCA claimants; is it because the burden of proof is on DWP/ATOS as the appellant in any court action and they are worried that the scale and scope of their incompetence will be revealed...lets watch this space!

DWP OPD COO FOI Requests, Department for Work and Pensions

1 Attachment

 

 

Dear G Milward,

 

Please find attached DWP response to your recent Freedom of Information
request.

 

Yours Sincerley

 

DWP Operations.

FOI Team

 

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G Millward left an annotation ()

So there you have it! Do you really believe that no central details are held regarding prosecutions...no nor do I. This seems to be a case of the usual DWP cop out clause; when we don't want the public to know just say it'll cost more than £600 or take more than 3.5 days to research so that we don't have to comply with the FoI request

Dear DWP OPD COO FOI Requests,

your response to my request (see below) refers;

DWP Central Freedom of Information Team
Annex A

e-mail: [email address].
gov.uk

Our Ref: VTR FOI 1796

DATE April 2013
Annex A

Dear ,G Millward,

Thank you for your Freedom of Information request received on 15 April 2013. You asked:

Following reports in the media of the very high number of people ruled fit for work, I would like
to make a FoI request as follows;

1) Of the claimants ruled fit to work by ATOS and the DWP DM, in
the period 2008/09 to the current date, how many have been
prosecuted for benefit fraud.

2)In respect of those that have not been prosecuted, what is the
reason why they have not been prosecuted.

The Fraud Investigation Service (FIS), part of the Department for Work and Pensions (DWP), is
responsible for the investigation of fraud against all benefits administered by DWP

The information of the number of claimants ruled fit to work by ATOS and the DWP DM which have
been prosecuted is not available because no central record is maintained in this format. This information
could only be provided by examining individual investigation files.
We estimate that the cost of complying with this request would exceed the appropriate limit of £600.
The appropriate limit has been specified in regulations and for central Government it is set at £600. This
represents the estimated cost of one person spending 3.5 working days in determining whether the
Department holds the information, and locating, retrieving and extracting the information. Under section
12 of the Freedom of Information Act the Department is not obliged to comply with your request and we
will not be processing this part of your request further.

I have to say I am quite astounded that no central record of prosecutions is maintained in respect of IB claimants migrating to ESA and deemed fit for work as a result of the ATOS "assessment"
Surely, by being deemed "fit for work" the claimant should never have been in receipt of IB in the first place and should therefore be prosecuted for fraudulently claiming it.
I find it odd, because the media regularly report the minister for DWP and the Prime Minister using words such as "shirkers" and "fraudsters" when referring to people in receipt of IB/ESA.
Logic would dictate that the DWP should keep details of potential/successful prosecutions in order to report the figures to the minister for DWP.

I therefore wish to make a further FoI request as follows;

1) in the period from 2008/09 to the current date, what details were provided to the minister for DWP regarding potential/successful prosecutions in respect of those claimaints who were deemed fit for work following a work capability assessment.You may of course redact personal information as I only require the total number of such cases.

2)Does the DWP have a procedure in place for taking any action against the GP/NHS specialist of those claimants who were originally told they were not fit for work who subsequently (as a result of the work capability assessment) are found to be fit for work. If such a procedure exists, please provide me with a public print.

yours sincerely,

G Millward

DWP OPD COO FOI Requests, Department for Work and Pensions

1 Attachment

Mr Millward
 
Please see copy of your FoI request attached
 
 
 
 
DWP Freedom of Information Request Team
 
 
 
 
 

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G Millward left an annotation ()

Oh well, not really an answer as such, but I suppose at least we know there is no procedure in place by DWP to take action against GPs/NHS specialists that told the claimaint that they were (in their opinion) NOT FIT for work

William Hammonds left an annotation ()

Use whatever you like to make a record of your audible presentation.
Atos HCP can misrepresent a client in all wca reports.
The only way to put a stop to this is to have an audio recording made of the wca.
Atos will offer to supply the audio equipment. When you arrive at your wca they will ask you to sign a waiver which states that you will not use the recording for any other purpose than to assist your claim. After all, the recording will belong to them and they can decide what a copy can be used for.
If you have a wca booked you can take your own recording equipment as long as you give formal notice that you intend to record.It could go like this "I hereby give formal notice of intent to make audio recording of my audible presentation during wca on (date) at (address). This recording will include audio recording of any other person attending wca and will be used for any porpose including but not limited to private prosecutions of hcp"
You do not need permission to give notice. Just push it in front of the hcp, and go ahead and record with whatever you feel would be admissible in court.
This will make the recording yours, and you can use it to prosecute the HCP privately. The Hcp can not hide behind the corporation when accused of misrepresentation which has caused loss or harm.
Small claims courts were designed to simplify claims, and I can assure you that you will be surprised at how easy it can be to prosecute. One step above small claims courts are fast track courts. These courts are also a breeze. Try visiting any of these courts and ask an official how to make a claim, they will gladly help you as it is in their interest to have the business.