Equality impact Assessment - Benefit Fraud Sanction Policy

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1.1 Name of the policy

Benefit Fraud Sanction Policy

1.2 What are the main aims, purpose and outcomes of policy and how does it fit in with the wider aims of the organisation?

Wiltshire Council is committed to protecting the public funds it administers through its action against benefit fraud. The policy forms an integral part of the Councils overall strategy to prevent, detect and deter fraud, promoting high standards of governance and accountability.

The aim of the policy is:

• To set out how the council will address instances of benefit fraud
• To facilitate partnership working with the Department for Work and Pensions (DWP) Fraud Investigation Service (FIS), to ensure a consistent approach to the use of sanctions by both organisations.
• To ensure the Council adopts a fair and consistent approach to the application of sanctions or criminal proceedings against offenders.

These fit into the following organisational goals :

• High quality, low cost, customer-focused services – by concentrating resources on high risk, quality referrals of fraudulent behaviour, ensuring allegations are investigated by trained professionals, ensuring that  scarce public funds are directed to those eligible to benefits and the most vulnerable members of the community. To provide value for money to the tax payers of Wiltshire.
• Local, open, transparent decision-making – by setting out how criminal matters will be dealt with, to ensure a consistent quality approach.
• Working together to support Wiltshire’s communities – by conducting joint agency investigations and sanctions.

1.3 List the main activities relating to the policy and identify who is likely to benefit from it

Wiltshire Council is committed to protecting public funds through its actions against benefit fraud. The policy sets out how the council will address benefit fraud through prosecution and other sanctions available for benefit fraud offences. The policy forms an integral part of the council’s overall strategy to prevent, detect and deter fraud, promoting high standards of governance and accountability. It aims to benefit the tax payers of Wiltshire and the overall governance of the community.

1.4. What data, research and other evidence or information is available which will be relevant to this EIA?

Nationally benefit fraud, costs the taxpayer £5.2 billion pounds every year, or £165 every second. Housing and Council Tax benefits lose over 5% of their expenditure to fraud and error.

The basic data collection for Housing Benefit & Council Tax Benefit is via the paper and electronic forms completed by the customers. Whilst the forms collect data about age, gender and disability for the calculation of benefit, it is not recorded in such a way as to allow the analysis of the make up of those who claim benefit, except in the broadest sense of working age/ pensioners. There is no facility on the form or the systems to collect data in relation to race, religion or sexual orientation.

There is no equality monitoring data recorded on the Fraud Management system in terms of disability, race, religion/belief and sexual orientation. Personal descriptions are taken at an interview under caution. If a case proceeds to a prosecution the information is passed to the Police for inclusion on the Police National Computer (PNC) along with details of the offences and the disposal of the case in court. Any statistical information would be processed from PNC and recorded and evaluated by them.

Previous statistical analysis at district level (North) showed that sanctions were equitable in terms of claim spread over the district.

The council’s legal team were fully consulted in the development of this policy to ensure compliance with all associated legislation. Furthermore the full policy document is accessible via the councils website.

1.5.  What further data or information do you need to carry out the assessment?

Work has been carried out to gain a clearer understanding of our communities using a combination of benefit caseload data and Experian’s Mosaic which is a geo-demographic profiling tool, assessing the data outcomes may help to inform policy..  However, this data collection is not comprehensively broken down by protected characteristics such as sexual orientation, faith / belief.

2 – Involvement, consultation and partnerships

2.1 Outline any previous involvement or consultation which is relevant to this policy.

Human rights – Balances rights of offenders against national guidelines, and Right to a Fair Trial (Article 6) alongside Article 14 (Prohibition of Discrimination).

Other – This policy has been released for consultation with the Legal Department, Audit and DWP.

The policy is largely defined by National statutory legislation and is modelled on the Crown Prosecution Services code of practice.  The policy also refelcts and conforms to the Police and Criminal Evidence Act 1984

2.2 How are external partners involved, or how do you are intend to involve external partners, in delivering the aims of this policy?

The policy has been sent to the Audit Commission, internal solicitors, for legal safeguard and compliance. The policy is defined by national statutory guidance and is formed in line with the Crown Prosecution Service Codes of Practice. We have a Service Level Agreement and Memo of Understanding with Wiltshire Police and they are aware of our sanction policy. Further involvement will include internal audit, the Audit Commission, annually and through individual case management. The policy will be reviewed annually and as legislation changes. It is a sensitive policy, subject to responsive change.

3 – Data collection and evidence

3.1 What evidence or information do you already have about how this policy might affect equality, and what does this tell you?

A large percentage of cases involve single women. This is mainly because of the way the benefits system is geared towards favouring single persons who care for children on their own. Many single people delay or omit to declare a partner moving in to their household as it has such an adverse affect on their benefit entitlement. This is supported by statistics which show that the second highest type of fraud investigated is Living Together (16.8% to Q2 2010/11 and 12.2% in 2009/10 of all cases investigated).

3.2. What does available data tell you about the potential take-up of any resulting activities or services?

Its is likely that in consideration of the national and local data which shows that the second highest type of fraud investigated is Living Together (16.8% to Q2 2010/11 and 12.2% in 2009/10)  , that single women may be subject of  more benefit sanctions.

3.3. What additional research or data is required to fill any gaps in your understanding of the potential or known effects of the policy? Have you considered commissioning new data or research?

• Statistical analysis across the whole of Wiltshire will be carried out to measure if sanctions are equitable in terms of claim spread over the district.
• Introduction of monitoring across benefit caseload.

4 – Assessing impact and strengthening the policy

4.1. How does / will the policy and resulting activities affect different communities and groups?

The policy aims to deal with benefit fraud and apply relevant sanctions professionally and lawfully.  There is a justifiable adverse impact on people who commit benefit fraud   Each investigation of benefit fraud is quality checked and closely monitored throughout its cycle. Furthermore 100% quality check is undertaken to ensure compliance prior to the application of sanctions or instigating proceedings to ensure fair and professional investigation, which is compliant with Human Rights and equality implications.

4.2. What measures does, or could, the policy include to help promote equality of opportunity?

The policy aims to promote equality of opportunity by setting out the actions that will be taken in all cases where fraudulent activity is found. It has a positive impact by ensuring that funds are diverted to the most vulnerable.
To ensure people receive accurate information and are fully informed of the process a series of information leaflets has been developed which explain the formal interview and sanction process Furthermore, press releases and fraud awareness delivery will raise public awareness to deter crime and encourage the reporting of fraud so that public funds can be directed to those in genuine need.

4.3. What measures does, or could, the policy include to address existing patterns of discrimination, harassment or disproportionally?

Investigation processes determined by the policy are considered on their own facts and merits, investigators are accredited and as part of that fairness investigations are carried in accordance with legislation and statutory guidance relating to criminal investigations, including the Police and Criminal Evidence Act 1984, the Code of Practice for Crown Prosecutors and the Criminal Procedure and Investigations Act 1996. Note: Relevant legislation and guidance can be found on the Home Office website.

We have a statutory legal duty to tackle fraud. The policy is tightly linked to national guidelines and the application of policies is maintained through close monitoring and quality assurance and scrutiny through legal colleagues when dealing with prosecutions.

4.4. What impact will the policy have on promoting good relations and wider community cohesion?

Council tax payers are likely to welcome the fact that public money is being protected.

4.5. If the policy is likely to have a negative effect (‘adverse impact’), what are the reasons for this?

The policy will impact on those on those who commit a criminal offence. The majority of those who claim benefit do so because they are financially disadvantaged whether that is due to the inability to earn their own income, being disabled or being elderly etc. The policy therefore is most likely to impact positively on the most vulnerable groups, through the divergence of fraudulent claims towards those who most need benefit support.

4.6. What practical changes will help reduce any adverse impact on particular groups?

None – The Council has a legal and moral obligation to protect public funds and take formal action in respect of  benefit fraud offences

4.7. What evidence is there that actions to address any negative effects on one area of equality may affect other areas of equality or human rights?

Once cases of fraudulent are reported, they are investigated and information / evidence is analysed, by the caseworker.  The evidence and the case reports are submitted to senior officers for compliance with the policy.  Any unjustifiable actions under or approaches to case management will be picked up and dealt with via the councils disciplinary policy.

4.8. What will be done to improve access to, and take-up of, services or understanding of the policy?

To raise awareness of the policy we have already undertaken the following:

• Staff training
• One to ones
• Monitoring
• Case loads
• Fraud awareness
• Policy on website
• Press releases
• Leaflets – full range
• E & D awareness training

5 – Procument and commissioning

5.1 Consideration of external contractor obligations and partnership working

Not applicable

6 - Making a decision

6.1. Summarise your findings and give an overview of whether the policy will meet the Council’s responsibilities in relation to equality and human rights.

Policy tightly conforms to the council’s statutory duty for tackling fraud. Fraud costs the tax payer and causes local communities to experience financial disadvantage. This policy contributes to the council’s wider work to tackle financial disadvantage. The council is working to tackle inequality as the more fraud there is in the system, means less money available for the disadvantaged.

6.2. What practical actions do you recommend to reduce, justify or remove any adverse / negative impact?

The policy and casework are monitored tightly and scrutinised by our legal teams when going for prosecution.  This scrutiny includes the method, quality and style of our investigation and evidence gathering, including approach to individuals involved.  Any incidents of unjustifiable actions under the policy, including unprofessional behaviour of investigators and evidence gatherers will be will be picked up and dealt with via the councils disciplinary policy

Step 7 – Monitoring, evaluating and reviewing

7.1. How will the recommendations of this assessment be built into wider planning and review processes?

Recommendations of this assessment will be incorporated into the benefit service plan and resulting actions will be monitored by the head of service via regular monthly reviews.

7.2. How will you monitor the impact and effectiveness of the strategy / policy / procedure / practice?

The application form for claiming benefit will be adapted to incorporate equality monitoring arrangements. Furthermore, the policy together with the EIA will be fully reviewed annually or sooner if related legislative, procedural or policy changes occur.

7.3. Give details of how the results of the impact assessment will be published

Following full quality assurance this impact assessment has been published on our website.

Step 8 - Action plan

	Actions	Target date	Responsible post holder and directorate	Monitoring post holder and directorate
Involvement, consultation and partnerships	Not applicable
Data collection and evidence	Introduction of monitoring across benefit caseload Statistical analysis to measure if sanctions are equitable in terms of claim spread over the district.	December 2010 January 2011	Benefits Operations Manager Senior Investigations Officer, Revenues and Benefits	Acting Head of Revenues and Benefits, Resources department Acting Head of Revenues and Benefits, Resources department
Assessment and analysis	Not applicable
Procurement and commissioning	Not applicable
Monitoring, evaluating and reviewing	The policy together with the Equality Impact Assessment will be fully reviewed annually or sooner if related legislative procedural or policy changes occur.	November 2011	Acting Head of Revenues and Benefits, Resources department	Head of Revenues and Benefits, Resources department

Authors

• Policy author - Acting Head of Revenues and Benefits, Resources department
• Equality Impact Assessment - Senior Investigations Officer and Acting Head of Revenues and Benefits, Resources department

Assessment date - 25 October 2010

Last updated: 14 December 2010