fraud investigators used a false statement in prosecution attempt

I have a situation where I helped a couple to appeal a LTHAW decision. The DWP started a prosecution for fraud while the appeal was ongoing. My appeal submission included statements from witnesses. Two fraud investigators from the DWP looked into the benefit claim of the 81 year old disabled witness and found she had not named a non-dependant on her last council tax benefit claim form. They paid her a visit and told her they would prosecute her for this. When they had her upset and in tears, they wrote out a statement by hand and got her to sign it, saying it “would help her case”. She didn’t read it and and didn’t get a copy. The statement was in fact a complete invention about the couple’s situation. Part of it said something to the effect that the witness ‘knew they had been living together for years’.
The fraud investigators used this fabricated statement in their prosecution papers and for the benefit appeal, and so I got a copy of it. I filmed a second interview with the witness using a camcorder, got her account of what the fraud investigators had done, and sent a copy of the disc to the Tribunals Service for the appeal and a copy to the couple’s solicitor.
I won the appeal and the DWP discontinued the prosecution.
But the clients want a complaint made about the fraud investigators trying to fabricate evidence.
Trouble is, I don’t know the best way to start. I don’t think an internal complaint to the DWP would be suitable as I am sure they would do a cover up. Does anyone have any ideas? Where do you report what amounts to the criminal offence of perverting the course of justice when it’s done by government officials?

Their behaviour is outrageous and, on the face of it, appears to amount to the tort of misfeasance in public office which is actionable for a claim for damages.  In Three Rivers District Council and Others v. Governor and Company of The Bank of England [2000] HL, the HL stated the following:

“The case law reveals two different forms of liability for misfeasance in public office. First there is the case of targeted malice by a public officer i.e. conduct specifically intended to injure a person or persons. This type of case involves bad faith in the sense of the exercise of public power for an improper or ulterior motive. The second form is where a public officer acts knowing that he has no power to do the act complained of and that the act will probably injure the plaintiff. It involves bad faith inasmuch as the public officer does not have an honest belief that his act is lawful”
 
And further on continues “reckless indifference to consequences is as blameworthy as deliberately seeking such consequences. It can therefore now be regarded as settled law that an act performed in reckless indifference as to the outcome is sufficient to ground the tort in its second form”.

You might want to write to your clients’ MP asking him/her to investigate and copy the letter to the DWP’s solicitors in London.  Your client might also want to consider seeing a solicitor.

I agree with Nevip.  Is there also a basis for a complaint to be made to the Police on the grounds of attempting to pervert the course of justice?

Handy to remember that not so long ago the fate of a commercial benefits advice worker was reported on Rightsnet, i.e. six months custody for misleading a tribunal.

I agree with Nevip your client should consider seeing a solicitor

The MP should push for and insist on an investigation by staff acting on behalf of the relevant DWP Director.  The usual MP letter along the lines of “I enclose a letter from my constituent Mrs X.  Please look into it” is unlikely to make much impact.

Also client should instruct a firm of solicitors who have experience of actions against the police as the legal issues overlap.  Both should also be sent a copy of the videoed interview.

Given the escalation of action on fraud announced in the DWP Strategy paper last week, we may see more of this sort of abuse.