Interview under caution

A client has been invited to attend a DWP interview under caution, but she has no idea what it might be about. She tried calling to find out more, but they wouldn’t tell her anything.

Is this correct? Can she not be told which benefit she has allegedly claimed fraudulently

(and I have suggested she get criminal legal advice)

I suspect this is a question for the legally qualified adviser. There is a previous thread here, which discusses the PACE requirements. That Act itself does not apply in Scotland, but failure to follow the PACE Code of Practice could be relevant to the Scottish ‘test of fairness’. Though this is getting far beyond my area of competence.

Out of interest, on page 525 of this large document, there is some guidance on disclosure prior to the interview for England and Wales, but just skimming through I can’t see an equivalent for Scotland:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/286748/fraud-guide-mar-14.pdf

I’m sure if you give them a call they will tell you, never refused to say when I have called anyways.

Hi , I have never been refused details of the alleged fraud failure to provide this important information would defer any IUC

This is often the technique adopted by some interviewing officers which ensures the element of surprise/shock and early admissions of guilt. 

Your client, depending on circumstances may qualify for legal aid and can access the assistance of a Solicitor/legal professional.

In the past, in similar circumstances, I have found the DWP to be forthcoming with disclosure once Solicitor’s are involved. 

Our information system states reIUC
‘If a client knows s/he is to be interviewed under caution, you should refer her/him to a criminal law solicitor…. A client may believe that s/he can attend an interview alone and explain matters. This is usually risky because the client may inadvertently admit to offences s/he does not realise s/he has committed.’