Response 963569763

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Chapter 1: Powers to Investigate and Safeguards

1a. Do you agree with our approach to requesting information in regulation 4 of the Investigation of Offences regulations, as shown in Box 1 and outlined in paragraphs 26 to 30?

Please select one item
Yes
No

2a. Do you agree with our approach to obtaining electronic information under regulation 5 shown in Box 2 and outlined in paragraph 31?

Please select one item
Yes
No

3a. Do you agree with our approach to entry and search of premises for the purposes of a fraud investigation under regulation 6, shown in Box 3 and outlined in paragraphs 32 to 34?

Please select one item
Yes
No

4a. Do you agree with our proposal for new offences relating to delay or obstruction of an investigation, as outlined in paragraphs 35 to 36 and in regulation 7 shown in Box 4?

Please select one item
Yes
No
4b. If No, please explain why.
This section should include the possibility of a witness, alleged partner, etc. being guilty of an offence if they have knowingly provided false information in a witness statement or interview.

Section should also address what happens if an organisation fails to provide required information, is prosecuted and fined, but SSS still requires information from them. Can a fresh request be made, leading to a second prosecution? This would be good, as for some business a single fine of £1000 might be inconsequential and of little deterrent value to other potentially non-compliant businesses.

Chapter 2: Standards for Counter Fraud Officers

6a. Do you agree with our approach to authorising a person to use the information gathering powers set out in the Investigation of Offences regulations, as shown in regulation 3 in Box 5 and outlined in paragraph 38?

Please select one item
Yes
No
6b. If No, please explain why?
I agree with the principal of having authorised officers. However, every counter fraud officer should be authorised otherwise you are creating an unnecessary layer of bureaucracy and delay, as well as limiting the ability of those officers to do their jobs. As a sensible compromise, requests for financial and telecoms information could be routed through a specialist desk to ensure proportionality and consistency.

7a. Do you think the restrictions placed on authorised officers are correct as shown in regulation 3 in Box 5 and outlined in paragraphs 39 and 40?

Please select one item
Yes
No

Chapter 3: What to expect if you are being investigated

9a. Does Chapter 3 of the Code of Practice provide sufficient detail to explain how a person will be treated with fairness, dignity and respect during a fraud investigation?

Please select one item
Yes
No

Chapter 4: Outcome of an investigation

11a. Does Chapter 4 of the Code of Practice clearly set out how the potential outcome of an investigation will be explained to an individual?

Please select one item
Yes
No

12a. Do you believe that our approach set out in Chapter 4 of the Code of Practice will help to ensure a person is treated fairly, with dignity and respect?

Please select one item
Yes
No

Chapter 5: Complaints

13a. Do you agree with our approach to complaints in Chapter 5 of the Code of Practice for Investigations?

Please select one item
Yes
No

Annex of relevant legislation

14a. Do you believe we have identified the correct legislation and Codes of Practice that will be relevant to fraud investigations for devolved benefits?

Please select one item
Yes
No

15a. Is the content of the Codes of Practice for Investigations right?

Please select one item
Yes
No
15b. If No, what else do you think should have been included?
It would be helpful if the code made reference to obtaining warrants in cases where it was deemed proportionate and necessary.

Section 3 - Impact Assessments on the Code of Practice and Investigation of Offences Regulations

18a. Have we identified all of the business related impacts?

Please select one item
Yes
No

19a. Are you aware of any equality issues we have not identified in terms of introduction of the Investigation of Offences regulations and fraud investigations more generally?

Please select one item
Yes
No

About you

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation