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. 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. This is because you may say things that might incriminate you. If you don't go to the interview, and the fraud section doesn't have enough information to decide if you committed fraud, it could mean that they have to drop the case against you.

On the other hand, the DWP and the council say that it’s in your best interests to attend, and some other advisers agree. It gives you a chance to find out what they think happened and to explain your side of the story. If the fraud section feels that it has enough evidence it may just take you to court anyway, without an interview, and you will have missed out on an opportunity to stop things going further.

Your decision 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 to go and how this could affect your case. If you decide not to go you should write to them to explain your reasons, for example, 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.

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 have a chance to get some advice.

February 2010