Recorded Interview legalities

[georgie-boy]

Hi all,

I’m just wondering if anyone has the definitive - legal - information on what procedure the DWP &/or Councils have to follow when appling to Banks for peoples account details ?

I am in receipt of DLA & long term sickness benefit. 3.5 years ago, I had to attend a recorded interview – by my Councils Housing Benefit department, which was attended by the DWP as well. After the interview, the DWP decided that there was no reason to take action. The Council did try, but after some very deep and lengthy legal arguments decided not to prosecute me - though they do want me to repay some money.

At the interview, the Council produced my Bank details, statements etc. At the time, I thought nothing of it, but when I speaking to my Bank manager last week, I casually mentioned this, & was shocked when they told me that they (DWP/Councils) can’t just apply to the Bank and that a Bank wouldn’t give out this information without a Court order (or similar).

Questions:

1/ What do the DWP or Councils have to do to get peoples Bank account details ?

2/ How do we check that the correct procedure has been taken ?

Thank you for reading this.

Georgie Boy

[BankFodder]

Begin by serving an SAR on the bank and an FOI on the DWP and go from there

[kk3852]

Social Security Fraud Act - link http://www.dwp.gov.uk/docs/cop-ssfa.pdf

 

If it was the Local Authority who obtained the bank details they would have made an application via the National Anti-Fraud network but they would use the same legislation.

[jadeybags]

Your bank isn't actually right. The days of court orders are long gone.

DWP & LA's d need a good reason to delve into peoples bank accounts, & do have to apply for the info, but stating that there is good reasn to suspect benefit fraud is enough to be honest.

If people claim benefits, they are basically signing over rights to have no privacy. It's in the small print, even if it's not all that clear x

[georgie-boy]

Thanks all for pointing me in the right direction.

I think my first thing is to write to the Bank (address as above) to ask how or why they supplied the information.

If all is well (legal) - then end of fight.

Initially I didn't actually suspect my Bank of doing wrong. Of course there is a difference between making a mistake, and knowingly doing something wrong - though the result might be the same.

I wouldn't put money on my local council workers being so straight though.

If anyone has anything to add, please feel free to do so.

cheers

G.Boy

[jadeybags]

The trouble is, if they request info on you from your bank etc, your bank can actually find themselves in hot water if they dont comply. So it's not like they just hand it over if they feel like it, they are obliged to.

I agree about the LA's though, I know for a fact they have broken a few 'rules' in the last year when I was claiming benefits off them.