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Hi - my first post here but saddened to read through the threads.

I have been charged with benefit fraud despite having mental health issues from PTSD and all the ensuing problems.

Heres the thing - the DWP appeared at the door with the police last August and stormed my bedroom even though my Mother told them it would give me panic attacks then the DWP woman proceeded to ransack the room while the police were downstairs with me which I have been told contravenes PACE. I wrote a letter to the office manager and to Lord Fraud, sorry, Freud and was of course blown off Hillsborough style. During interview at police station same DWP woman also accused me of things that could not possibly be true such as my son was never in this country, knowing it would set off a panic attack. Are there human rights?

My question is - what recourse do I now have to at least enforce my rights. They think dealing with mentally vulnerable people they can just blast all over us as wr are too weak and I am wanting to show otherwise.

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For a situation like this, I would say you need to seek formal legal advice from a solicitor experienced in benefit matters.

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I hope that this may help you understand:

 

http://www.dwp.gov.uk/docs/fraud-guide-sos-authorisations.pdf

 

Section 3 paragraphs 43 onwards deal with private dwellings.(page 15)

 

As I understand it , the Police are there to gain entry if needed , once there pretty much not to involved. The dwp person is basically in charge from then on.

 

I would suggest legal advice as well from an experienced solicitor.

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The above thread refers to the powers of an Authorised Officer when they are obtaining information from a business or a third party who is connected to the business,ie business premises (whether an office or private dwelling), accountants, cash and carry (the list goes on)

 

Usually, for a person to be arrested, they are suspected of perhaps running a business where the only way to obtain information is to search the property or it is a large scale fraud, or working and using false identities or someone has failed to attend for an arranged interview.

 

These are not the only reasons when an arrest would be considered and each case is looked at by senior managers before the assistance of the police is sought.

 

There is another if....there are pilots into multi-agency working all over the country where the police take the lead and DWP assist where there is an offence against the Department. In most of these cases arrest would be considered by the police, almost all of these are under investigation for other criminal offences.

 

 

In the original thread you mention that you suffered mental health problems - was this mentioned to the custody sergeant? Did they ask if you wished to see a medical professional?

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