Failing to Disclose Personal Information Solicitors

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.

What is fraud by failing to disclose information?

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.

What happens if you fail to disclose a change in circumstances?

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:

1. Notification or audit by the DWP, local authority, or employer
2. Request for documents and statements
3. Possible interview under caution
4. Review by the Crown Prosecution Service (CPS)
5. Court proceedings if charges are brought

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.

Can I go to prison for failing to disclose personal information?

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.

Do I need a solicitor for a DWP or police interview?

You should always have a solicitor for a DWP or police interview, especially if you are being questioned under caution (PACE). A solicitor can:

• Protect your rights
• Advise what questions to answer
• Ensure you do not say anything that could be misinterpreted
• Challenge unclear or misleading questions

Having expert advice from the start improves your chances of a fair outcome and protects you from making mistakes that could lead to charges.

How long do fraud investigations take?

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.

Can the CPS drop failing-to-disclose charges?

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:

• New evidence showing no legal duty existed
• Proving the omission was accidental or not dishonest
• Insufficient evidence of intent to gain or cause loss

A solicitor can present arguments and evidence to the CPS before trial, often leading to cases being dropped or charges reduced.

What counts as a legal duty to disclose information?

A legal duty to disclose information can arise from different sources, including:

• Statutory obligations (e.g., laws requiring updates for benefits or taxes)
• Contractual terms (e.g., employment contracts or finance agreements)
• Application forms (for jobs, housing, or credit)
• Professional or regulatory requirements

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.