If you have been accused of failing to disclose personal information, it is important to get legal advice straight away. This is a serious allegation under the Fraud Act 2006, and it can lead to a criminal investigation, court proceedings, and severe penalties. At MMA Law, we defend people facing fraud allegations linked to benefit claims, applications, and workplace disclosures. These cases often involve urgent issues such as employer investigations, DWP enquiries, or a police interview under caution (PACE). If you need failing to disclose personal information solicitors who can protect your rights from the very start, our team is here to help. Early legal advice can prevent mistakes and improve your position. It also helps you take control of what happens next.
Get Your Free ConsultationFailing to disclose personal information is a criminal offence under Section 3 of the Fraud Act 2006. This offence applies when someone does not share information they are legally required to disclose, intending to gain a benefit or cause a loss to someone else.
A legal duty to disclose information can arise in several ways, such as:
For example, you could be accused of failing to disclose information if you do not update your local authority about a change in income while receiving benefits, or if you omit debts on a credit application. The key legal point is that the omission must be dishonest and intended to gain something or cause a loss.
At MMA Law, we advise clients on what counts as a legal duty to disclose and challenge allegations where misunderstandings or honest mistakes are involved. Our solicitors are experts in defending failing to disclose information cases and ensure your rights are protected from the outset.
Many people find themselves accused of failing to disclose information in situations that are part of everyday life. Some of the most frequent examples include:
These scenarios often happen due to misunderstandings, stress, or confusion about complex forms—not deliberate dishonesty. At MMA Law, we help clients clarify what happened and defend against unfair or mistaken allegations.
To convict someone of failing to disclose personal information under Section 3 of the Fraud Act 2006, the Crown Prosecution Service (CPS) must meet several strict legal requirements.
First, the prosecution must show that a legal duty to disclose information actually existed. This duty might come from a law, contract, official form, employment requirement, or professional obligation. If there was no genuine duty, the case should not go forward.
Second, they must prove that the person failed to disclose the required information. This could be leaving out a detail, omitting an update, or not answering a key question on a form.
Third, the CPS must show that this failure was dishonest. Courts use the Ivey test for dishonesty, asking whether an ordinary, honest person would view the omission as dishonest.
Fourth, the prosecution has to prove the person acted with intent—either to gain something, cause a loss, or put someone else at risk of loss.
At MMA Law, we challenge every stage of this process. Our solicitors test whether a legal duty existed, whether any omission was truly intentional, and whether dishonesty can be proven. We also scrutinise whether the alleged gain or loss is real and supported by evidence. Where mistakes or misunderstandings have occurred, we ensure your side is fully presented.
The maximum sentence for failing to disclose personal information under the Fraud Act 2006 is 10 years’ imprisonment. However, most cases receive much lower penalties, depending on individual circumstances and the seriousness of the offence.
Courts consider several factors when deciding on a sentence, including:
Possible sentencing outcomes range from a conditional discharge (no further action if no reoffending), to a community order, a suspended sentence, or in the most serious cases, immediate custody (prison). The court may also make compensation orders (requiring repayment) or order confiscation of assets under the Proceeds of Crime Act (POCA).
Strong legal representation, such as from MMA Law, can often reduce the severity of a sentence or help avoid prison altogether, especially for first-time offenders or those able to show genuine mitigation.
If you are accused of failing to disclose information, the process usually begins with an investigation by the DWP, local authority, police, or your employer. They may gather documents, forms, statements, or digital data to look for evidence of an offence.
You may then be invited to attend an interview under caution (PACE interview). This is a critical stage—anything you say can be used as evidence, so having experienced police interview solicitors by your side is essential. Your solicitor will help you understand the questions, protect your rights, and ensure you do not unintentionally harm your case.
After the interview, the authorities review all evidence. The Crown Prosecution Service (CPS) will then decide whether there is enough evidence to charge you with a criminal offence.
If you are charged, your case will start with a first hearing at the Magistrates’ Court. More serious or complex matters may be sent to the Crown Court for trial or sentencing. At each stage, you will have the chance to enter a plea and present your defence. If found guilty, the court will decide on a sentence, taking into account the circumstances and any mitigation.
Having a solicitor from the start can make a significant difference. At MMA Law, we guide clients through every stage—helping during interviews, challenging disclosure, negotiating with the CPS, and preparing the strongest possible case for court. Early legal advice puts you in the best position to defend yourself and minimise the impact on your life.
Being accused of failing to disclose personal information does not mean you are guilty. There are many possible defence strategies, and MMA Law is skilled at identifying the right approach for your situation.
Common defences include:
At MMA Law, our solicitors examine every aspect of your case, gathering evidence, consulting experts, and building the strongest possible defence. Our goal is to ensure your side is fully heard and the best outcome achieved, whether that means charges are dropped, reduced, or successfully defended in court.
Fraud by failing to disclose information is a criminal offence under Section 3 of the Fraud Act 2006. It occurs when someone is legally required to share certain information but fails to do so, intending to make a gain or cause a loss.
This often involves benefit claims, financial forms, or job applications where there is a clear duty to disclose details. For a conviction, the prosecution must prove a legal duty existed, the omission was dishonest, and there was intent to gain or cause loss. Honest mistakes or misunderstandings do not usually meet the legal threshold for fraud.
If you fail to disclose a change in circumstances, such as income, living arrangements, or assets, it can lead to a fraud investigation. Typical steps include:
Even unintentional omissions can trigger serious consequences, including benefit overpayments, criminal charges, or repayment demands. Early legal advice helps clarify your position and minimise penalties.
Yes, you can go to prison for failing to disclose personal information, but imprisonment is usually reserved for serious or repeated offences.
The maximum sentence under the Fraud Act 2006 is 10 years’ imprisonment. However, many first-time offenders or those able to show genuine mitigation receive community orders, suspended sentences, or conditional discharges instead.
Strong legal representation can help avoid custody, especially if you can demonstrate the omission was an honest mistake or there was no intent to gain.
You should always have a solicitor for a DWP or police interview, especially if you are being questioned under caution (PACE). A solicitor can:
Having expert advice from the start improves your chances of a fair outcome and protects you from making mistakes that could lead to charges.
Fraud investigations can take anywhere from a few weeks to more than a year. Simple benefit or employer investigations may be resolved quickly, while complex cases involving multiple years, large sums, or digital evidence can take much longer.
Delays often occur during evidence gathering, interviews, and CPS review. Early legal advice can sometimes speed up the process and resolve misunderstandings before charges are brought.
Yes, the Crown Prosecution Service (CPS) can drop charges for failing to disclose information if the evidence is weak or the legal test is not met. Reasons the CPS may end a case include:
A solicitor can present arguments and evidence to the CPS before trial, often leading to cases being dropped or charges reduced.
A legal duty to disclose information can arise from different sources, including:
If you are unsure whether you had a legal duty to share information, speak to a solicitor. Not every omission is a crime, and duties must be clearly established in law, contract, or policy.
Allegations of failing to disclose personal information are serious and can have life-changing consequences. Early legal advice can make all the difference to your case - helping you avoid mistakes and giving you the best chance of a positive outcome.
At MMA Law, our specialist fraud solicitors support clients in Middlesbrough, Teesside, and across the UK. We offer a free, confidential 30-minute legal consultation, so you can get expert guidance from the start.
Call us today or complete our quick online form to arrange your consultation. Whatever your situation, we are here to help you move forward with confidence.
We will assess your eligibility for Legal Aid and if you are not eligible, we will provide you with an agreed fee to represent you to conclusion of your case.
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