Dear Auntie,
I have conduct of a social care fraud case and I would like to examine the cared for person’s bank account because I have evidence that her son, who has power of attorney, is abusing his position, in that he is not declaring all his mother’s income for her care needs. I cannot apply for the bank statements as I have no power to do so under SSFA.
However, I have established that there is also an investigation ongoing by another Authority into an allegation of benefit fraud by persons who are renting the former home of the elderly woman above. She is being cited as the landlord of the property but the rental income is not being declared to the authority administering the social fund.
I know that the other Council cannot apply for the elderly person’s bank statements as they are not investigating her, just the tenants in her property.
Have you any suggestions on how I can move forward with this case. Without sight of her bank accounts I believe I will not be able to progress my case.
Thanks,
Frustrated
ITS Training (UK) Ltd.
…a rather good training company!
Dear Frustrated,
I believe there are three options open to you.
Firstly you might consider asking the suspect for sight of the statements and telling him why you require to see them. It might sound risky but the fact is he cannot change the historical record, so alerting him to your suspicions is unlikely to have a detrimental effect.
Secondly, you could approach the bank’s investigation team and ask them to help you. Section 29(3) of the Data Protection Act allows them to assist and, furthermore, they might be interested in a ‘joint investigation’, if the evidence you have already is good enough.
Thirdly, you could consider applying for a court order. This would need to be done through a member of the local constabulary who could approach a judge in camera and ask for a production order to be made.
Hope this helps,
Auntie