Been interviewed by fraud dept re allegations of working whilst off sick

[sairlp]

Hi, really hope can get some advice....my husband has worked for NHS as a nurse for 30+yrs. Unfortunately over past 10 years has had 3 severe episodes of anxiety/ depression, which have resulted in him having up to 6 mts off sick each time. He last became ill Jan of this year, and was signed off sick for 6 months. We received a letter last week from fraud people saying there were allegations that he had been working whilst off sick. He had his recorded investigation today, accompanied by a solicitor via his union, we were not at all worried or concerned as he hadn't worked at all. It transpires though that they have evidence that he got paid for delivering yellow pages, this is something we didn't even consider. Reasons being, it was 3 weeks into him being off sick, we were desperate for money and I contacted the people myself to deliver them, unfortunately I dont drive so my husband and son went to collect them and signed the paper work. It was my undertaking and deal was that my husband would just drive me around and sit in car, at this time he was severely depressed and not at all up to even doing this. The task was immense, and he did end up helping me deliver some, as his name was on original collection paperwork the cheque ( about £100 I think) was made out to him, we have a joint bank account. At his interview today, they had photo copies of paperwork and cheque and are going to write a report. I am so worried as my husband is still not 100% well and we could do without the stress , I can assure you that we never considered this would be a problem and have always been a very honest couple, who would never knowingly do something like this. Any suggestions would be brill, the solicitor wasn't sure what the outcome would be, he said that there really doesn't seem much of a case, but you never know with the NHS.
thanks in advance
sarah

[miliitant]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

who was doing the fraud investigation

DWP
NHS

[sairlp]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

NHS counter fraud services :tinysmile_hmm_t2:

[miliitant]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

Did you ask how they came by the information such as the cheque, yellow pages, etc

[sairlp]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

They said someone within the trust had put forward the complaint

[sairlp]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

They must have followed it up and got the said information fron yellow pages distributor

[miliitant]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

That still does not explain the issue of how they had a photocopy of the cheque etc

the only way that could have happened would be from your bank

so under what authority does the NHS have access to this data

[sairlp]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

I hadn't thought about that.....my husband had to go straight to work after and is still there, will get more info from him when he gets in. Needless to say this has caused him great stress
i really can't believe it, all seems so petty, but also frightening as consequences could potentially be awful
thanks for replying

[Bill-K]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

I can't advise on this, sairlp - you won't go far wrong with Militant helping you. But it's possible that the cheque was one of those mass-produced pre-printed cheques, and the Yellow Pages distribution firm sent the NHS a copy of it. This MIGHT explain how they have a copy.

I would also say that we're only talking about a 'one-off' £100, and not a systematic and continuous 'milking' of the system - which is what real fraud is. Hopefully, they will bear that in mind.

[Nikolai]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

From what you said my understanding is that your husband was merely helping you. There is an explanation as to why the collection paperwork and cheque were in your husband's name. Militant raises a fair point as to how NHS got hold of the cheque. Ask your union solicitor to find out for you. Ask also for a copy of the interview tape so you can listen to what was said.
What time of day did this "work" take place? It really is petty beyond belief that they should raise an allegation of fraud for this activity. Bear in mind it's only an allegation.
Did your husband answer questions at interview, or did he go no comment? If he did answer questions, did he say basically what you said in your post? Was anything added by him?
I'd be happy to give further input if you can answer the questions for me.

[sairlp]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

Thanks....yes he did answer the questions, was taken aback as wasn't expecting this since HE didn't work! And yes he did basically say what I have put on here, he told them I almost forced him to agree to drive me around as he really was not well, he hated every single minute of it and at times was tearful. We were so fed up that we were having to do this for a few pounds and everyone else cosy snd warm. I will ask him to try get a copy of the tape
We delivered the blimmin things in the evenings when I finished my day job, in the dark and freezing cold and I think we spent an hour or so on a Saturday.
thanks again

[Bill-K]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

FWIW, I just want to empathise. I did Yellow Pages delivery at this time of year a few years ago. As a newbie, I guess I got one of the 'cr@p' rounds. Driving up bumpy old farm tracks in my little Nissan Sunny with a TON of dead weight on its' springs was not summat either of us enjoyed. I never did it again. FWIW - I KNOW how hard you guys worked for that paltry 100 feckin' quid.

You MAY be able to get a copy of the interview tape/CD under the Freedom of Information Act.

[bluebottle]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

Unless I am mistaken, NHS Counter Fraud would be subject to PACE and, therefore, obliged to provide a copy of the tape to the union solicitor. If anyone knows otherwise, please say so.

[Nikolai]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

BB you are quite right, and I'm surprised the union solicitor didn't get the tape at the end of the interview. Nothing stopping him asking for it now of course.
Sairlp, thanks for posting up some more information. Glad to read what you said. Your husband's position is clearly that he was helping you by driving you around, and the fact that he may have delivered a few himself does not make him the principal in the enterprise, no matter how NHS may try and twist it.
Based on what I've read here, it doesn't seem NHS have much to go on. Unfortunately, you may be in for a bit of a wait now while NHS decide what to do. Your union lawyer could ask them how long they expect that to be, at the same time he asks for the tape.
If you need any further assistance, or just want a view or opinion on anything, post back here. There's a great deal of collective expertise on this site.
On a human note, I've been there myself - depressed, then falsely accused - so do understand what you're going through right now. One thing is certain - you will get through this and it will end. Be strong.

[SpringerSpaniel]

Re: Been interviewed by fraud dept re allegations of working whilst off sick

Yes, this interview would be subject to PACE. Your husband should have been cautioned before it started, and allowed breaks if he felt unwell.

It's good that he's a union member and the union are providing legal assistance.