Housing benefit fraud case file and DPA

[id6052]

The housing benefit fraud case file is likely to be exempt from a SAR, as section 29 of the DPA excludes

(1)Personal data processed for any of the following purposes—

(a)the prevention or detection of crime,

(b)the apprehension or prosecution of offenders, or

©the assessment or collection of any tax or duty or of any imposition of a similar nature,

 

Even if that were not the case, I would expect that you would not be entitled to information relating to any penalties applied to the other 2 parties, as that would be their personal data, not yours

[id6052]

if you require information for legal proceedings, you may able to get information, but you would need to explain this in your request

Edited April 19, 2013 by id6052

[id6052]

For the Council to have cautioned you, you must have admitted committing an offence.

 

Sounds like the others denied the offence, and there might not have been sufficient evidence to prosecute.

 

Think about it this way, if 3 people were to rob a bank and they were arrested and questioned.

1 person admits it, the other 2 deny it and there is insufficent evidence to prosecute.

The first person would get done for it and other 2 would get off.

[id6052]

From what you have stated, it is clear by your own admission that you committed an offence.

 

The fact that the Council could not prove a case against the other two does not mean it did not happen, it only means there was insufficient evidence to prove it.

 

I am thinking that you might have difficulty getting information about the other two, especially if the Council opened 2 different investigations for different (although linked) offences.

 

I will try and get someone else to look in on this thread who has more knowledge on fraud/investigation issues.

[id6052]

I would expect released from caution, relates to the caution relating to an IUC, rather than the application of an official caution.

 

You would have thought they would come up with different terms for these two.

 

If you are pursuing alternative legal redress, I would suggest consulting a soliitor, if you have not already. They may have more success in getting access to documents than you as an individual