I provide the following services to solicitors:
- 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 had 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,notional and actual underlying entitlement during the time of the alleged offences (including unclaimed benefits which may be offset against the overpayment and/or used in mitigation), which may be relevant for both sentence and whether or not an offence has been committed.
These are in-depth investigations, my reports run to over twenty pages and they are reviewed and edited 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 assertion of the amount of the alleged overpayment 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 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 while actual and notional entitlement issues are often overlooked by benefit decision makers. The exception appears to be when the entitlement and overpaid amounts are 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 correct?
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 and a major personal injury case in the USA.
To contact me, please see my contact details.
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.
Read my article on this subject in the Law Society’s Gazette.