The Investigation Department works within legislation relating
to the investigation of Housing Benefit Fraud. This includes:
Social Security Administration Act
Human Rights Act
Data Protection Act
Theft Act
Fraud Act
Criminal Justice Act
Regulation of Investigatory Powers Act
The Criminal Procedures Investigations Act
Authorised Officer Powers
The Criminal Procedures Investigations Act
The Criminal Procedures Investigations Act [CPIA] defines an
investigator as being:
"Any police officer (or other person) involved in the conduct of
a criminal investigation. All investigators have a responsibility
for carrying out the duties imposed on them under this code,
including in particular recording information, and retaining
records of information and other material."
The code therefore applies to the Investigation Department,
whether or not cases are prosecuted by the Council, the Department
of Work and Pensions or Crown Prosecution Service. The
Investigation Department will ensure that standards imposed by the
code will apply even if there is no intention to prosecute when a
case begins. The collection of evidence and Interviews under
Caution [IUC] are part the prosecution process.
CPIA defines a criminal investigation as:
"An investigation conducted by police officers (and other
investigators) with a view to it being ascertained whether a person
should be charged with an offence, or whether a person charged with
an offence is guilty of it."
"Authorised Officers" Powers
Appointed Authorised Officers have statutorily defined
powers:
- Entry to property
- Obtain relevant documents
- Require individuals to answer questions
The Human Rights Act (HRA) 1998
This act came into force from 2 October 2000. This incorporated
the European Convention into domestic law. To comply with the HRA
all criminal investigations must respect individuals' rights to
privacy.
Regulation of Investigatory Powers Act 2000
All investigating bodies must prove that any intrusion into an
individual's right to privacy is essential to the investigation of
fraud. Procedures and guidance are set out in the Regulation of
Investigatory Powers Act (RIPA) 2000, which was expressly passed to
regulate Human Rights Act issues. RIPA is a legal requirement and
therefore a mandatory requirement for local authorities
