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JG_Legal, Barrister
Category: Law
Satisfied Customers: 47
Experience:  Experience of consumer law, financial regulation and criminal law.
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My friend is a social worker and has been suspended

Customer Question

my friend is a social worker and has been suspended for signing her managers name to get money from the Local Authority can she be charged?
Submitted: 2 years ago.
Category: Law
Expert:  JG_Legal replied 2 years ago.
HiThis is certainly potentially fraudulent - fraud by false representation (s.2 Fraud Act 2006) and / or fraud by breach of trust (s.4 Fraud Act 2006).Can I ask, (1.) what form is alleged to have been signed (2.) what was the significance of her manager's signature on the form (3.) did your friend receive any money (4.) if so, what has happened to the money.If you have any questions please ask.JG
Customer: replied 2 years ago.

The money is cash and has to be signed by the manager to be given to families will they go to prison?

Expert:  JG_Legal replied 2 years ago.
Firstly, it is only at investigation stage within the organisation. The standard of proof is higher to prove someone is criminally liable by the court than to dismiss / suspend someone.
If the police are contacted, your friend is charged and convicted the sentence might be a prison term. I asshme your friend has no previous convictions (or at least no relevant previous convictions) as s/he is a social worker. I did a case recently where my client had taken £4,500 in cash from his employer. He received a suspended prison sentence (this means you do not go to jail unless you commit another offence with a set period).
The scenario you describe is a gross breach of trust but if it was a one off, not a lot of money involved and no previous convictions your friend is likely to avoid prison.
I hope this answers your question.
Expert:  JG_Legal replied 2 years ago.
If I have have answered your question to your satisfaction please accept my answer. If you require further clarification please do not hesitate to contact me.