DWP and RSPCA Prosecutions

If you’ve been wrongfully accused of animal neglect and are dealing with a DWP or RSPCA prosecution case, then Edward Hughes Solicitors is here to help put things right.

DWP Prosecutions

The Department for Work and Pensions (DWP), previously the Department of Social Security (DSS), carry out investigations if they believe that a claimant may have acted fraudulently.

Our Solicitors can advise and deal with fraud allegations involving:

  • Child Benefits
  • Council Tax
  • Bedroom Tax
  • Housing Benefit
  • Universal Credit
  • Working Tax Credit
  • Income Support
  • Jobseeker’s Allowance
  • Pension Credits 
  • PIP

Obtaining legal advice prior to the launch of a benefit investigation or during the early stages of the investigation can prevent mistakes and misinterpretations which may influence the decision to prosecute and the ultimate conclusion of the case.

Our Solicitors liaise with the Department for Work and Pensions, can attend interviews with DWP fraud investigators and ensure that the client has representation throughout.

Investigations can be demanding, invasive and stressful. Our Solicitors ensure that the client understands the investigative procedure they find themselves involved in and carry out a thorough review of the circumstances, in order to establish if there is any element of fraud, whether intentional or accidental and if the client has a defence that they can put forward.

We represent clients on both a private paying basis or if a client meets the criteria for them to be eligible for Legal Aid, we can assist in obtaining evidence that can support a Legal Aid application and handle the application process on the client’s  behalf.

If the DWP investigation results in prosecution, we will prepare the case from start to finish, obtain available evidence to assist the client’s defence and represent clients in Magistrates and Crown Court.

RSPCA prosecutions

The RSPCA can carry out private prosecutions for offences by Section 6(1) of the Prosecution of Offenders Act 1985.

RSPCA Inspectors investigate complaints of animal neglect, abuse or where the welfare of animals has been, or is likely to be, compromised. Our Solicitors represent and advise clients from interview under caution, supporting them throughout the entire process.

The RSPCA investigate and prosecute offences including but not limited to:

  • Wildlife and Countryside Act 1981
  • Deer Act 1991
  • Dangerous Dogs Act 1991
  • Protection of Badgers Act 1992
  • Hunting Act 2004
  • Animal Welfare Act 2006

The Prosecutions Department is a separate entity from the RSPCA Inspectorate. Reviews and decisions are made by the Prosecution Case Managers, governed by the Chief Legal Officer and Head of Prosecutions.

Any individual summonsed by the RSPCA may, by virtue of a S6(1) of the Prosecution of Offences Act 1985, refer the case to The Crown Prosecution Service for a review of the decision to prosecute.

Following a review the CPS can discontinue the case if it considers that the case does not pass either the evidential or public interest tests, or the CPS can take the prosecution over and continue with it if there is a particular need for them to do so.

Legal aid may be available in these cases, if the client meets the Legal Aid criteria. We can assist in obtaining evidence that can support a Legal Aid application and handle the application process on the client’s behalf.

Contact us today and let us begin to handle your case, 01745 274238 / 01492 535 640.

Team members

David Jones
Senior Partner / Solicitor
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Alexander Fitzgerald
Partner / Solicitor
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Huw Roberts
Solicitor
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Ela Jones
Trainee Solicitor
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