Council Interview Under Caution Solicitor for Housing Benefit and Council Tax

Received an interview under caution letter from your council?

Keep the invitation and anything the council sent with it. First, check who is conducting the interview and what the letter says the investigation concerns. Note the appointment date and any deadline to reply.

Before the interview, gather your claim forms, council letters and any messages about changes you reported. It can help to write a short timeline showing what changed, when it changed and who you told.

If you need time to arrange advice, you can ask the council to change the appointment. Ask for confirmation of the new date. Also tell the council early if you need an interpreter or a disability adjustment.

Housing Benefit investigations

A Housing Benefit interview may concern the details you gave when you claimed or a change after the award started. For example, the council may ask about earnings, savings, rent, your tenancy or who lived with you during a particular period.

First, I check which Housing Benefit rules apply to the period the investigator is asking about. Then I review the records of what you reported. If the council has also sent an overpayment decision, I can check how it calculated the amount and what options you have to challenge it.

Council Tax Reduction and discount investigations

Council Tax Reduction is also called Council Tax Support. Your entitlement depends on the scheme that applies to you and your circumstances. For example, an investigation may focus on changes to your income, savings or household. You can find details of your local scheme through GOV.UK’s Council Tax Reduction service.

The council may also investigate a council tax discount, such as the single person discount. It may ask when someone moved in, where they normally lived or whether the council should count them for council tax. The dates and the records for the period in question can help establish what happened.

What happens at a local authority interview under caution?

An interview under caution is formal questioning about a suspected offence. The investigators will explain the caution before asking questions. They often record the interview and may use your answers in evidence.

You can ask to speak to a solicitor before the interview and arrange for a solicitor to attend with you. The advice you need depends on the allegation, the information the investigators have given you and your own records. GOV.UK explains the benefit fraud investigation process.

What happens after the interview?

The council may make further enquiries, take no further action or consider a penalty or prosecution where the law allows. It may also revise your Housing Benefit award or council tax bill. If you receive a decision, keep the letter and check the time limit for challenging it.

If the interview has already taken place, I can review the invitation, any interview record you have and subsequent letters. If you have received court papers, tell me when you enquire so I can explain the benefits work I can take on and whether you need a criminal defence solicitor.

Frequently asked questions

Do I have to attend a council interview under caution?

A council-led interview of this kind is usually voluntary. You can still ask for advice on replying to the invitation. If the police are involved, tell the solicitor who invited you and how the interview has been arranged.

Can a solicitor come to the interview with me?

Yes. Tell the council you want legal advice and that you are arranging for a solicitor to attend. If the date is close, ask the council whether it can give you time to do that.

What if the DWP sent the invitation?

Check the letter for the investigator’s details. If the DWP is conducting the interview, see my page on DWP interviews under caution and benefit fraud investigations. If the letter names both the DWP and the council, include that information when you get in touch.