Gransnet forums

News & politics

After the Post Office scandal, do you feel safe with a DWP "police force"?

(348 Posts)
DaisyAnneReturns Wed 31-Jan-24 22:16:56

As the DWP steers a bill to give it access to 9 million claimants’ bank accounts through parliament, it is already pushing for additional powers of arrest, search and seizure. In effect, the DWP is aiming to have its own anti-fraud police force and to be able to impose huge fines without going to court. But should such plans go ahead?

Lessons from recent history
The current Post Office scandal is clear evidence of what happens when such powers are misused and there are some worrying parallels between the behaviour of the Post Office and the DWP, as we noted earlier this month in Post Office Horizon software originally aimed at claimants.

And there is no doubt that the DWP are serious about getting these powers.

In a May 2022 report entitled ‘Fighting Fraud in the Welfare System’ the DWP said that “we plan to create new powers so our officers will be able to undertake arrests and apply to search and seize evidence in criminal investigations, when parliamentary time allows. This will enable them to act in a timely fashion, without always having to rely on police resources.”

Remember, state pensions, which are a benefit, will come under this law. Even though the say they will only access the accounts of those on income related benefits they will have a legal right to access all the information on your account.

If you have been watching the Post Office Inquiry it is obvious that many of those "policing" were under qualified and/or under trained. At times they had large cuts in staff. The DWP are already understaffed and all too often staff override or ignore evidence. It is also obvious that the first loyalty when Horizon was found wanting was to the Post Office brand and not to justice. Why would that be any different in the DWP?

www.benefitsandwork.co.uk/news/would-you-feel-safe-with-a-dwp-%E2%80%98police-force%E2%80%99?utm_source=iContact&utm_medium=email&utm_campaign=Benefits+and+Work&utm_content=V2+January+2024+newsletter

Pammie1 Thu 01-Feb-24 18:42:34

Germanshepherdsmum

I keep saying, DAR, that the sub postmasters’ situation was entirely different but you have chosen to conflate it with the powers contained in this Bill in order to scaremonger.

With regard to Pammiel’s example, frankly AI would have rather more intelligence than her suggestion displays. Does anyone with one iota of common sense think that a single, one-off payment of £20 would trigger an investigation? Even people on benefits get the occasional gift of a small sum of money.

A single, one off payment to a claimant who is on means tested benefit absolutely would, and has, triggered a claimant being interviewed under caution. DWP have already admitted that AI will be programmed to look for basics, the claim will then be flagged and investigators will do the rest.

Pammie1 Thu 01-Feb-24 18:34:10

AGAA4

That was a computer error that was covered up by various dishonest people in the post office and government.
You can't equate this with the tragedy that occurred because of Fujitsu's faulty system.
I did say that there needs to be more training for investigators so that this doesn't happen again.
Fraud does need to be investigated.

Of course you can equate it with what happened in the post office because DWP is proposing to use artificial intelligence bots to monitor claimants’ bank accounts and report ‘anomalies’. I agree fraud needs to be investigated but DWP already have the authority to investigate claimants bank accounts if they suspect wrongdoing. The claim is that this will continue to be the case and that bank accounts will not routinely be examined unless fraud is suspected. Depends on whether you trust an AI bot to report accurately doesn’t it ? And the proposal is that DWP will have their own powers of arrest, investigation and prosecution, completely independently of the police. Remind you of anything ?

Germanshepherdsmum Thu 01-Feb-24 18:31:28

I keep saying, DAR, that the sub postmasters’ situation was entirely different but you have chosen to conflate it with the powers contained in this Bill in order to scaremonger.

With regard to Pammiel’s example, frankly AI would have rather more intelligence than her suggestion displays. Does anyone with one iota of common sense think that a single, one-off payment of £20 would trigger an investigation? Even people on benefits get the occasional gift of a small sum of money.

Pammie1 Thu 01-Feb-24 18:21:54

Doodledog

Fraud needs to be investigated, I agree. If fraud is suspected, I would be the first to say that investigators should be able to access the accounts of the suspects. But that's different from this. If investigators had to explain why they wanted to look at my accounts (not to me in advance, but to a higher authority) and held to account if they did so erroneously, then fair enough. I do have nothing to hide. But they should not, IMO, be able to access anyone's personal information without good reason.

DWP already have the power to investigate claimants’ bank accounts where they suspect fraud. At present I think it requires a court order. And the minister for DWP claims that it will continue to be the case that DWP will not routinely request claimants’ bank account details unless fraud is suspected, and that the new legislation will just make it easier to access the accounts of those suspected of fraud at an earlier stage. I, for one, am not convinced.

DaisyAnneReturns Thu 01-Feb-24 18:16:28

What an excellent summary of the situation Pammie1

DaisyAnneReturns Thu 01-Feb-24 18:14:01

Germanshepherdsmum

I guess that, like many of us, Rosies doesn’t claim benefits. If those who do have been, and continue to be, completely honest what do they have to fear?

I keep saying this but the Sub Postmasters were honest.

You are simply ignoring anything that doesn't suit you. Rather as the Post Office investigators did.

Pammie1 Thu 01-Feb-24 18:13:12

Germanshepherdsmum

Some are. If they have been truthful what’s the problem?

The problem is that it will be artificial intelligence used by the banks to monitor and report any anomalies. So Joe Blogs who is on means tested benefits receives say a £20 bank transfer payment as a birthday present. The AI bot will possibly see this as undeclared income, report to DWP and Joe’s benefit will be stopped indefinitely while they investigate.

It’s mind boggling to me how this is seen as acceptable. Benefit claimants are just the start - if the government get away with this, it won’t be long before it’s used to keep everyone under surveillance. And DWP are already working on compelling other non financial organisations to report in the same way. Supermarket loyalty cards are also in their sights - it doesn’t take a genius to work out that these things are being used to build up a picture not only of income, but on how money is being spent. It also doesn’t take a genius to work out why they want this information.

If MPs are so keen to monitor the accounts of benefit claimants because they are in receipt of public funds, then they should be open to having their own finances laid bare in the same way, as their salaries come out of public funds. And given the expenses scandal of a few years ago, they’re not exactly above suspicion are they ? The minute we go down the road of treating people as though they’re guilty until proven innocent, we’re sunk.

DaisyAnneReturns Thu 01-Feb-24 18:11:38

Doodledog

This legislation is not confined to claimants of means-tested benefits though. I can see a logic to checking that people don't have money they are denying. Nevertheless, working on the assumption that all claimants are guilty of fraud is not in the spirit of the British legal system, which works on the premise that people are innocent until proven guilty.

It is a repeat of the Sub Post Masters case which saw them as guilty until proven innocent Doodledog.

What we also need to remember is they can trawl everyone's information for no given reason.

Germanshepherdsmum Thu 01-Feb-24 18:06:51

I guess that, like many of us, Rosies doesn’t claim benefits. If those who do have been, and continue to be, completely honest what do they have to fear?

Pammie1 Thu 01-Feb-24 18:00:41

RosiesMaw

Is this not being alarmist?
I have nothing to hide anyway.

Anyone who has had dealings with the DWP will tell you that the words ‘if you have nothing to hide you have nothing to fear’ don’t apply when dealing with benefits.

Germanshepherdsmum Thu 01-Feb-24 17:42:24

It also gives powers to HMRC to assist in detecting tax evasion, and of course someone claiming disability benefits may be caught out by their golf club subscription, someone claiming to be an unsupported single parent who has a partner who is paying their bills may be caught by their spending patterns, or someone claiming to be unemployed may be shown to have income from undisclosed employment or self-employment - things which, in the absence of someone reporting them, are unlikely to be discovered without the new powers to find and monitor all accounts the person has.

Doodledog Thu 01-Feb-24 17:06:15

This legislation is not confined to claimants of means-tested benefits though. I can see a logic to checking that people don't have money they are denying. Nevertheless, working on the assumption that all claimants are guilty of fraud is not in the spirit of the British legal system, which works on the premise that people are innocent until proven guilty.

Germanshepherdsmum Thu 01-Feb-24 16:59:14

Some are. If they have been truthful what’s the problem?

Germanshepherdsmum Thu 01-Feb-24 16:58:26

www.parliament.uk/about/how/laws/secondary-legislation/statutory-instruments-commons/

MaizieD Thu 01-Feb-24 16:58:17

Assuming every benefit claimant is a cheating liar is not a good thing, GSM

MaizieD Thu 01-Feb-24 16:56:08

Germanshepherdsmum

That isn’t the case. Secondary legislation is made law through the making of a statutory instrument. These have to be approved by parliament. The making of secondary legislation has to be enabled by primary legislation, such as this Bill.

Approved by Parliament after the SI has been implemented. But with no debate, no stages, as with a bill. Fine for making minor adjustments, as it has been used historically, but not for major ones.

I do know what secondary legislation is and this bill gives ministers the power to implement it...

Germanshepherdsmum Thu 01-Feb-24 15:34:25

Doodledog, let’s say that you apply for pension credit. This Bill would enable your bank account(s) to be investigated to ensure that your financial position is as you claim in your application. Is that not a good thing? Without the powers granted by the Bill, they would have to rely on whatever evidence you chose to provide in support of your application, enabling you not to disclose an account containing far more money - as I know from experience happens.

Germanshepherdsmum Thu 01-Feb-24 15:28:40

That isn’t the case. Secondary legislation is made law through the making of a statutory instrument. These have to be approved by parliament. The making of secondary legislation has to be enabled by primary legislation, such as this Bill.

MaizieD Thu 01-Feb-24 15:22:56

how the Government can create rules through secondary legislation to mandate Open Data schemes such as Open Banking (ss. 61-77). *It also empowers the Secretary of State to pass regulations...

Very worrying indeed. It gives the Secretary of State powers to add whatever they want to the statute completely without involving the legislature, the lawmaking body of the sovereign parliament.

What is proposed now can be extended to cover anything the government wishes it to, without any scrutiny from our elected representatives. All part of the power grab...

Doodledog Thu 01-Feb-24 15:20:32

Fraud needs to be investigated, I agree. If fraud is suspected, I would be the first to say that investigators should be able to access the accounts of the suspects. But that's different from this. If investigators had to explain why they wanted to look at my accounts (not to me in advance, but to a higher authority) and held to account if they did so erroneously, then fair enough. I do have nothing to hide. But they should not, IMO, be able to access anyone's personal information without good reason.

AGAA4 Thu 01-Feb-24 15:09:51

That was a computer error that was covered up by various dishonest people in the post office and government.
You can't equate this with the tragedy that occurred because of Fujitsu's faulty system.
I did say that there needs to be more training for investigators so that this doesn't happen again.
Fraud does need to be investigated.

DaisyAnneReturns Thu 01-Feb-24 14:53:42

AGAA4

If people have claimed their benefits honestly there is no need to worry. Those who have committed benefit fraud need to be found out and stopped.

Do you understand what happened with the post office? AGAA4. Those people were honest but their lives have been destroyed - in some cases literally.

Doodledog Thu 01-Feb-24 14:46:02

Germanshepherdsmum

The sub postmasters’ accounts were accessible because they were on the PO’s Horizon system. Are you seriously suggesting that the DWP is going to access your bank’s IT system and change the details within your account?

I'm not seriously suggesting anything. I'm just saying that I am uneasy about 'officialdom' being given such carte blanche to access personal information.

What they can do already, what they are likely to do is, to me, either here nor there. It's what they could do that bothers me.

DaisyAnneReturns Thu 01-Feb-24 14:44:24

Sorry Siope what you said.

DaisyAnneReturns Thu 01-Feb-24 14:43:18

The whole point is they won't need to go trawling through everyone's bank accounts AGAA4, they will get downloads of your information from the bank, and then process it with today's version of Horizon about which, there is a good chance they will have been told can do no wrong or they will not have enough people to cross-check.