Doncaster Council

Housing and Council Tax Benefit Prosecution Policy

1. Doncaster Council is committed to combating Benefit fraud and recognises that sanctioning of offenders is an important deterrent in this process.

2. This document sets out the policy for dealing with offenders who will all be subject to the same consideration.

3. Any person suspected of committing an offence will be interviewed in accordance with the provisions of the Police and Criminal Evidence Act 1984, to ensure the highest standards of integrity are maintained.

Prosecution

4. Prosecution will normally be considered appropriate where any of the following applies:

1. A significant sentence is likely on conviction;
2. The defendant was in a position of trust;
3. The defendant was a ringleader;
4. The offence was pre-meditated;
5. The offence was carried out by an organised fraud group;
6. The defendant has relevant previous convictions;
7. The overpayment of benefit is substantial;
8. Fraud has continued over a long period;
9. Fraud was calculated and deliberate;
10. The case involves collusion by a landlord or employer;
11. The case involves fraud by an employee of the Council.     

5. The offender's physical and mental condition, and other social factors, will be considered before a decision to prosecute is taken.

6. Consideration will be given to the most suitable legislation under which to proceed, taking into account the type of evidence held, the severity of the offence and the likely financial costs that the prosecution will incur.

7. Prosecution will not be considered appropriate where:

1. The evidence is not substantive or where there has been a failure in the investigation;
2. Where it would not be in the public interest to proceed.     

Administrative Penalty

8. An administrative penalty may be offered as an alternative to prosecution where:-

1. Grounds exist for instituting proceedings (see 3, 4 and 5);
2. Prosecution is possible but is not the preferred option;
3. The case is not so serious that prosecution should be considered from the outset;
4. The offer of an administrative penalty would not cause severe financial hardship or put vulnerable family members at risk.     

Local Authority Cautions

9. A Local Authority caution may be offered as an alternative to an administrative penalty or prosecution where:-

1. Grounds exist for instituting proceedings (see 3, 4 and 5);
2. Prosecution or an administrative penalty is possible but is not the preferred option;
3. The case is not so serious that prosecution should be considered from the outset;
4. The offence has been admitted during an Interview Under Caution, conducted in accordance with the provisions of the Police and Criminal Evidence Act 1984.     

10. If an administrative penalty or Local Authority caution is refused, proceedings will be instigated against the offender.