Issue - meetings

This report seeks the Executive Member’s approval for a revised policy for prosecuting individuals who have committed acts of fraud or corruption against the Council.

Members requested the following alterations to be made to the detail of the policy;  that

(i)                 the words “before the courts” be deleted from the final sentence in paragraph 2.1 of the policy;

(ii)               the first clause of the first sentence of paragraph 4.3 should read, ”Where the perpetrator (and/or their partner in HB/CTB cases) is suffering from  prolonged ill health or has a serious disability or other incapacity where illness is a material factor,”.

In addition, Members requested that the policy need to have numbered or lettered bullet point for ease and accuracy of reference.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)         That the revised fraud and prosecution policy be approved with the alterations (i) and (ii) listed above.

Members received a report which sought approval for a revised policy for prosecuting individuals who have committed acts of fraud or corruption against the Council.

The revised policy was attached as Annex A of the report.  The main changes to the policy were summarised in the report, as follows:

·  The Policy now formally allocated responsibility for decision making to ‘authorised officers’;

·  The Policy now included specific criteria for determining whether a prosecution would be in the public interest or not;

·  The threshold for prosecuting benefit related fraud had been increased from £1,500 to £2,000 to be consistent with the Department for Work and Pensions’ own prosecution policy;

·  More discretion had been given when deciding to offer a sanction as an alternative to prosecution in benefit related fraud cases;

·  The Policy now clearly stated that serious attempted fraud would also be considered for prosecution or sanction;

·  The Policy recognised the powers available to the Council under the Proceeds of Crime Act 2002 to recover assets from convicted fraudsters.

Members requested the following alterations to be made to the detail of the policy;  that

(i)                 the words “before the courts” be deleted from the final sentence in paragraph 2.1 of the policy;

(ii)               the first clause of the first sentence of paragraph 4.3 should read, ”Where the perpetrator (and/or their partner in HB/CTB cases) is suffering from  prolonged ill health or has a serious disability or other incapacity where illness is a material factor,”.

In addition, Members requested that the policy need to have numbered or lettered bullet point for ease and accuracy of reference.

Advice of the Advisory Panel

That the Executive Member be advised:

(i)         That the revised fraud and prosecution policy be approved with the alterations (i) and (ii) listed above.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:To enable appropriate action to be taken in response to acts of fraud and corruption committed against the Council.