NHS Consultant Cleared After Fraud Investigation
KANGS has assisted a senior National Health Service (NHS) Consultant in successfully defending fraud allegations. The investigators alleged that he had, fraudulently undertaken and received payment for private clinical work during periods when he was contracted to, and being paid by the NHS.
Following the detailed preparation of our client’s defence by the team at KANGS, and our attendance with him at his voluntary interview under caution, investigators concluded that there was no basis for prosecution. The criminal investigation was closed, with no further action to be taken.
Sukhdip Randhawa of KANGS explains the steps which we undertook on behalf of our client to achieve this highly satisfactory outcome.
The Allegations Against Our Client
It was alleged that our client had undertaken private clinical work during periods when he was contracted to work for the NHS, failed to disclose that activity and may have misrepresented his availability to carry out his contracted NHS duties, contrary to sections 2 and 3 Fraud Act 2006.
Investigators examined activity over a nine month period, analysing private hospital appointment records, NHS job planning documentation, internal communications and clinical correspondence.
The disclosure confirmed that the investigation related to the following fraud offences:
- Fraud by False Representation (contrary to section 2, Fraud Act 2006), and
- Fraud by Failing to Disclose Information (contrary to section 3, Fraud Act 2006).
How We Assisted Our Client
Whilst our client acknowledged that, on occasions, some of his private appointments overlapped with his NHS contracted hours, and accepted that certain scheduling decisions had been inappropriate, resulting in an insufficiently clear separation between his NHS and private commitments, he maintained that these were errors of judgement. He denied any dishonest intention or conduct that could justify criminal prosecution.
Preparing for a Voluntary Interview Under Caution
In preparation for attendance at the voluntary interview, the team at KANGS:
- obtained and carefully examined the pre-interview disclosure which contained the allegations and evidence relied upon,
- attended upon our client advising him upon the nature of the allegations, taking full instructions upon the circumstances leading to the complaints against him. We discussed the potential conflict between his private clinic work and his NHS contractual obligations, advising upon how to formulate his defence and the evidence required in support,
- collated and examined all evidential material in support of our client’s defence,
- prepared a detailed Written Statement for presentation to the investigators, explaining the circumstances leading to the allegations, addressing the technological issues that had arisen and the detailed steps which had already been implemented to prevent any recurrence of the matters complained of. These included revised diary management, the cessation of all private clinical activity during contracted NHS hours and a commitment to greater transparency. We also highlighted our client’s distinguished and unblemished professional career.
Representation During the Interview
During the voluntary interview, the Prepared Statement was read aloud and handed to the investigators who confirmed that it completely answered many of the questions they had intended to ask.
Only limited clarification was subsequently required.
The Highly Satisfactory Outcome
Having considered the detailed Written Statement and the additional information provided during the voluntary interview, the investigator confirmed that there existed no evidence against our client justifying any further action and that the matter was now closed.
Naturally, our client was enormously relieved that his explanations in respect of the allegations against him had been accepted and that no further action was considered appropriate. This brought an end to the significant worry and stress which had blighted his professional life, enabling him to continue to pursue his distinguished career.
Why Early Legal Advice Matters
Many professionals mistakenly assume that a voluntary interview is informal because they are not under arrest. In reality, a voluntary interview under caution carries the same evidential significance as an interview as one conducted following an arrest.
The case outlined above highlights a number of important lessons for healthcare professionals. The key takeaways are that:
- voluntary interviews under caution should never be treated as informal matters, and
- obtaining specialist legal advice at an early stage can have a significant impact on the outcome of a financial investigation.
How Can We Help You?
The team at KANGS provide a wealth of experience gained from advising healthcare professionals, including doctors (GPs, consultants, surgeons, junior doctors), dentists, and pharmacists amongst others in respect of allegations of every conceivable nature including fraud, practice irregularities and professional misconduct.
Our approach is proactive, strategic and carefully tailored to the circumstances of each case, with a focus on achieving the best possible outcome for every client in the most efficient and cost-effective manner, while protecting your professional reputation, employment position and long-term career.
If you have been asked to attend a voluntary interview under caution, we provide urgent advice and representation from the earliest stage. We obtain and analyse pre-interview disclosure, advise on the legal and evidential issues and advise you on the most appropriate interview strategy, including the use of a prepared statement where appropriate.
Our solicitors have a proven track record of representing clients in interviews under caution and are here to help you, contact us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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