Councils this week expressed their frustration at apparent inability of the judicial system to deliver a consistent sentence for housing benefit fraud.
Officers reacted with dismay when a local authority employee was sentenced to just 100 hours community service after being found guilty of fraudulently claiming £44,500 in housing benefit and income support over 10 years.

The woman, who has since lost her job for Lewisham council as an occupational therapist's assistant, was successfully prosecuted by neighouring Greenwich as a result of the Audit Commission's national data matching exercise.

The relatively light sentence closely followed the case of a Greenwich woman who was sentenced to six months imprisonment for claiming £21,802 in housing and council tax benefit using a false identity.

The Local Government Association is lobbying the judiciary for guidance for magistrates on sentencing, because it fears inconsistent sentences is discouraging councils from taking action.

Policy officer Gwyneth Taylor said: "You would have thought someone who is a local authoritiy officer and therefore abused that position should get the most severe sentencing, and we get very very angry when we get these cases. It undermines the effectiveness of local authorities" anti-fraud strategies."

Benefit Fraud Inspectorate director Chris Bull has also voiced his concern about disparities in sentencing (Housing Today, 24 Febuary).

The Magistrates Association issued a set of advice for JPs on benefit fraud sentencing via its newsletter.

Source

Housing Today