2006 Fraud Act ... but only when it suits

The BBC reports today ...

More parents lie to get schools

Competition for places in top schools is intense Local councils in England say increasing numbers of parents have been caught trying to cheat to get places for their children at popular schools.
More ...

What is very interesting is the fact the Local Government Association is quoted as saying that "Parents who use false addresses are breaking the law under the Fraud Act 2006."

But how many councils have lied about aspects of parking enforcement? Rather than considering Misfeasance or Malfeasance in public office perhaps a quicker and cleaner route is a criminal complaint to the Police. After all, what's good enough for the LGA to use against parents, is good enough for motorists to use against councils and their officers.

Now, with a consideration for the local authorities on matters relating to parking enforcement, lets look at the 2006 Fraud Act:

2 Fraud by false representation
(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.

(3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

3 Fraud by failing to disclose information
A person is in breach of this section if he—
(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
(b) intends, by failing to disclose the information—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

4 Fraud by abuse of position
(1) A person is in breach of this section if he—
(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(b) dishonestly abuses that position, and
(c) intends, by means of the abuse of that position—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

Now just consider the activities of some councils (and council officers) in relation to parking enforcement:

• issuing Penalty Charge Notices (PCNs) they knew did not comply with the law.
• continuing to enforce PCNs that they know to be non-compliant
• using paperwork they know to be non-compliant and continuing to enforce, and derive revenue, from such paperwork
• continuing to issue PCNs where signs and lines are unlawful
• how many have cancelled or 'no contested'

What do you think the Local Government Association's take will be on this?

If you want to ask them they can be contacted here