Do I have to go to the interview?
You don’t have to go to the interview. But you should think about whether you would be better off going, or trying to sort it out another way. Deciding whether to go or not can be difficult. Every situation is different and there are different views on what is the best thing to do.
Some advisers say that if you can't get an expert in benefit fraud to go with you, it is better not to go rather than go on your own and say things that might incriminate you. If you don't go to the interview, it could mean that the fraud section won't have enough information to decide if you committed fraud which could mean that they have to drop the case against you. On the other hand, the fraud section may feel they have enough information to take you to court anyway and you will have lost an opportunity to find out what they think happened and to explain your side of the story.
Whether you go or not may depend on things like whether you can get an adviser or solicitor to go with you, how strong the case against you is, and if you feel you could deal with the interview confidently on your own.
Get advice beforehand about whether or not you should go and how this could affect your case. And if you decide not to go you should write to tell them giving your reasons, for example, explaining if it's because you can't get someone to represent you.
If I go to an interview under caution, should I go alone?
If you go to an interview it is best to take a solicitor to represent you. Unfortunately, it might be difficult to find or afford a solicitor with experience in interviews under caution (See Before the interview - get advice! in the menu on the right hand side). You can, however, consider taking someone else, such as an adviser or a friend.
Many advice centres (for example, CABs and Law Centres) specialise in helping with benefit problems, and some may have advisers who have experience in interview under cautions. They may agree to go with you.
Some people want to take a friend to the interview for support. If you do, be careful: if the interviewer thinks they are there as a witness or your representative they may try questioning them, or they may refuse to let them stay. If the interviewer thinks that they are influencing what you say, they may think that you are unsure of the facts.
Many advisers would say that if you can't find either an expert in interview under cautions or benefit problems, you should go alone rather than take someone who is not an expert.
If you are someone’s appointee and their claim is being investigated, you should be able to speak for them. The person you speak for does not have to go, unless they want to.
Whether you go alone or not, being thoroughly prepared, perhaps having jotted down or practised what you will say, will help you manage the interview better.
Replying to their invitation to an interview under caution
When you are asked to an interview under caution you should always reply. If you decide not to go to the interview, or want to postpone it, you should explain this. If there are things you need, so as to be able to go to the interview, such as changing when or where it is or asking for an interpreter, let them know as soon as possible. Keep your letter short and simple and make sure that you don't say anything that could be used against you. Below is an example of a letter that someone might write if they wanted to delay an interview until they got more information about the case.
National Insurance number
Date
Dear Sir/Madam
Thank you for your letter inviting me to an interview under caution next week.
I will be in a better position to help you with your investigation if you let me know what you're accusing me of. Please explain what the problem is and why you think it was caused by fraud rather than a simple mistake. If you think you have evidence against me please send me copies.
I will need a quick and full response to this letter before I can come to an interview, so please postpone it until after you have given me more details.
Yours faithfully
Vanessa Morgan
It is unlikely that they will send you all of the information that you need. If they don’t, see the guide Step-by-step: preparing for an interview under caution.
If you do manage to get enough details of what they think the problem is, it will make it easier for you to be able to write down what you think happened, or to make a list of things you want to ask or say at the interview.
