Client has instructed CAB about a DLA overpayment after an iuc. She's been seen walking dog and going into supermarket. Seems she has good grounds for appeal which has been lodged.

She approached me for advice about possible sanctions as the iuc was back in September and she's been worried sick about possible prosecution. Counter Fraud has just confirmed to me they are to offer her a formal caution. I'm concerned if she accepts then it will jeopardize her appeal and to be honest I don't know what yet to advise.

Half way through this post she'd rang and I've discussed it with her and she'd tells me sh'd rather accept the 0/P in exchange for no prosecution. However she's worried it might affect any imminent new claim for DLA and from what I've seen of her she should definitely qualify.

Situations sometimes arise when you can definitely advise certain courses of action. On the other hand situations often arise when all you can do is give as much relevant information as you can, outline the law and advise on the potential consequences of different courses of action. This may be an example of the latter.

Having said that, there are a few things that might make your position easier. First, it would be worth getting a solicitor’s advice about the likelihood of criminal prosecution and conviction. The answer to that question will put you in a much better position to suggest to your client what might be the more favourable course of action.

Second, I would strongly argue that accepting a formal caution should not prejudice a new claim or an appeal. This is because accepting a formal caution is not an admission of guilt. The predominate reason why people accept these things is precisely not because they are guilty but through sheer terror of being hauled through the courts, humiliated, publicly stigmatised and the fear of being found guilty of a crime of which they are innocent.

Thanks Paul but I had a look at the Sanction Policy and it specifies it is an admission of guilt. I know what you're saying about why people accept them but she would be signing to hold her hands up to committing the offence.

Like you say I can only advise her on the different courses of action.

It might be an admission of guilt in the narrow sense but not in the real world as people often feel coerced into taking the sanction. That would be my argument at a tribunal.

Mine too but as CAB are doing the appeal I'm not too sure what they'll think. I'm waiting for them to get back to me to discuss it further.

Thanks again Paul