Expert witness investigations and reports in
benefit fraud prosecutions (see below).
Advice and advocacy in benefit overpayment
cases.
Advice on benefit-efficient approaches to
matrimonial and personal injury awards.
Assessment of lost benefit income in
personal injury matters.
Advice and advocacy about benefits for
elderly clients or beneficiaries with special needs.
Advice on housing benefit problems in rent
disputes.
Expert witness reports in benefit
fraud prosecutions. Since 2006, I have received regular instructions to be an
expert witness in benefit fraud prosecutions and am instructed regularly by several firms
which specialise in criminal law. My investigations examine the accuracy and
recoverability of the alleged benefit overpayments, underlying entitlement during the time
of the alleged offences (including unclaimed benefits which may be offset against the
overpayment and/or used in mitigation), notional entitlement to benefits and tax credits
during the period of the alleged offences which may be relevant for sentence and evidence
about the complexity of the benefits system and administrative standards within DWP/local
authorities.
These are in-depth investigations, my reports
frequently run to over twenty pages and they are quality checked by my associates (a
practising solicitor and a housing benefit expert).
In over 90% of the cases I have examined, I
have shown that the Crown's evidence of the amount of the alleged overpayments has been
incorrect, (sometimes by a factor of 20!). In some cases my reports have helped
secure acquittals and in almost all others helped achieve non-custodial sentences.
The standard of decision-making about benefit overpayments is usually very inadequate,
leading to exaggerated amounts - a tacitly acknowledged fact among DWP officials and a
well known fact among welfare rights experts.
In addition, experience shows that fraud
investigators frequently lack good knowledge of benefit entitlement and actual and
underlying entitlement issues are often overlooked by benefit decision makers.
The exception appears to be when the entitlement and overpaid amounts are actually
assessed correctly.
My reports are often not disputed by the
Prosecution after they have been served on them.
How many people have been wrongly convicted of
benefit fraud or have been given excessive sentences because the Prosecution evidence
about fraudulently overpaid benefit is not expertly assessed?
I am willing to accept instructions from
either the Defence or the Crown and can be a single or joint expert.
References from instructing solicitors and
counsel are available and I have no previous criminal convictions (Enhanced CRB clearance
obtained). I am also a member of the Expert Witness Institute.
I have also prepared expert witness reports in
personal injury and judicial review matters.
I have a practise checklist for use in benefit
fraud matters. I used to make it freely available on this website but unfortunately
some people (including fraud investigators!) downloaded it without permission and breached
my copyright. If you would like a copy, please contact
me.
To read my article on this subject in the Law
Society's Gazette, click here.
