Fraud Act 2006

Good evening all. I was interested to hear recently of someone threatening to take action under the Fraud Act 2006 (Section 2, False Representation)in respect of false information contained in the DM's report turning her down for ESA. Her benefits were reinstated within 3 days. I wonder if this could also be used in respect of an ESA85 containing false information - I don't see why not.

None of B & W moderators are legally qualified to answer your query, and such matters are not within our remit.

As stated in our signature : Nothing on this board constitutes legal advice - always consult a professional about specific problems

Tilly wrote:

Good evening all. I was interested to hear recently of someone threatening to take action under the Fraud Act 2006 (Section 2, False Representation)in respect of false information contained in the DM's report turning her down for ESA. Her benefits were reinstated within 3 days. I wonder if this could also be used in respect of an ESA85 containing false information - I don't see why not.

Hi T,

I am not legally qualified, therefore I could not give a definitive answer on this.

However, as comments and recomendations made by any ATOS HCP in an ESA85, are simply comments made on their own medical opinion, as with any health professional's opinion, I think it would be unlikely that "fraud" would come into it.

If of course a claimant thought that an ATOS HCP's opinions were not consistant with the evidence provided they could make a complaint to ATOS, or the GMC, NMC etc.

The Fraud Act 2006 is not really within our remit.

Cheers

bro58

Hi,you're quite right of course, B&W isn't the place for this discussion, sorry, I got the wrong site. oops!
I have submitted my complaint to Atos for false information on the ESA85 (false representation leading to loss)Thanks.

Tilly

Tilly wrote:

Good evening all. I was interested to hear recently of someone threatening to take action under the Fraud Act 2006 (Section 2, False Representation)in respect of false information contained in the DM's report turning her down for ESA. Her benefits were reinstated within 3 days. I wonder if this could also be used in respect of an ESA85 containing false information - I don't see why not.

A tort of negligence may arise in the circumstances you have described. See subsection 5 of:-

DWP ESA Medical Examinations.

It is absolutely essential however that before considering this course of action, expert legal advice should be sought from a solicitor.