Sick note fraud

[Pookyal]

If an altered sick note is for provided for a period of genuine illness (cold symptoms) that could have been self certified (ie less than 5 days), is this still fraud under s2 of the fraud act and can criminal charges be brought? The person concerned suffers from anxiety and depression for which she is on prescribed medication and was under pressure from her boss to prove she was ill, which is why she says she doctored the note. She subsequently got antibiotics and a genuine sick note from the GP after returning to work as she was still ill.* She is seeking advice on discrimination issues associated with this but her organisation has referred the matter to an external counter fraud contractor to investigate and are carrying out an interview under caution next week. Police are not yet involved. She has already left the organisation (she had resigned for unrelated reasons before investigation was launched) but wants to know what the chances are that this could be referred to the police/CPS or worse...*

[des8]

If referred, IMO the police are likely to carry out a cursory investigation and mark it "no further action"
was the genuine sick note for the same period as the falsified note?
What organisation and who are these**"external counter fraud contractors" and has she been told her rights?
I would suggest she takes a solicitor along with her , or even refuse to attend.
If the matter is escalated to the police she can then insist on the duty solicitor being present at any interview (which is free)

*

[Pookyal]

Thanks Des8.* The genuine sick note was for the same period of illness but she never submitted it (she got it after the event).* She actually amended two in as many weeks for the same bout of illness.* In both cases, she returned to work within the week and so were self-certifiable periods.* The GP has written a letter confirming she was ill and prescribed anti-biotics, plus some narrative on her mental health.* The organisation is the NHS.* They outsource counter fraud work to a third party, who refer to an interview under caution in accordance with PACE and, if she doesn't turn up, arrest.* I cant actually see how they can rely on powers of the police as a third party, but I guess part of it is to intimidate.* She is taking a criminal lawyer who has written a statement to read.* My concern is that as a paid third party, they will simply take this to the bitter end and refer to the police/CPS (apparently they are able to go straight to them?), which will cause her significant anxiety and potentially worsen her condition.* I am trying to gauge thoughts on whether this is even fraud in the first place as I am in two minds.