Fraud Alert

Vulnerable people, the elderly, infirm and the Mental Capacity Act

Operation Sterling fraud prevention advice - [ Adobe PDF- 151kb]

Operation Sterling works with a wide range of public and private sector organisations in order to help design out crime and provide crime prevention advice. This document was published recently at the 'Safeguarding Adults' conference held by the Metropolitan Police at City Hall to co-inside with World Elder Abuse Awareness Day. Speakers included representatives from Action on Elder Abuse, the Alzheimer's Society, the Department of Health, the Office of Fair Trading 'Scambusters' Team and the Office of the Public Guardian, in addition to speakers from the Police who talked on various subjects including Safeguarding Adults Policy, Forced Marriages, Property crime, Distraction Burglary and other doorstep crime.

Vulnerable Groups and Elder Abuse.

Those less able to look after themselves can often be subject to financial exploitation as well as physical attack.

Unfortunately not only strangers but people close to members of vulnerable groups such as relatives, friends and carers, have the ability to carry out physical, mental and financial abuse. Even people acting with a power of attorney have been guilty of fraud.

The Office of the Public Guardian (OPG) oversees Powers of Attorney and Court of Protection Orders. These are formal orders that can be put in place in advance of or after a person lacks the capability to make decisions or manage their affairs.

The OPG guidance can be found at: www.publicguardian.gov.uk/decisions/decisions.htm

However, many people require help in managing their day-to-day activities – talking on the phone, understanding letters and other correspondence for example.

Often, the Data Protection Act (DPA) is cited as the reason for only dealing directly with the account holder. The Information Commissioner’s Office, (ICO) regulates data protection and urges a common sense approach when dealing with people acting on behalf of another, for example, relatives of the elderly. Whilst an organisation may not wish to discuss or disclose information about an individual, there is nothing to stop them receiving and evaluating information then taking appropriate action.

Under the DPA, organisations do have a responsibility to ensure that their data is accurate and up to date. If a relative of a customer wants their elderly relative removed from a mailing list because they are now in a nursing home, the records should be updated.

Doorstep Crime – dealing with bogus callers.

Doorstep Crime is the name given to offences committed by people who call door-to-door ‘cold calling’ to sell goods or offer repairs, gardening or other services. At best, the caller may be an unwanted salesperson, at worst a burglar seeking an easy way into the premises or a fraudster seeking to take money or defraud the occupier.

The Doorstep Selling Regulations, which came into force in 2008 apply to most things that are sold door to door and criminal offences are committed by persons who contravene these regulations.

Most companies do not usually engage in ‘Doorstep Selling’. Companies that do, often employ high pressure selling techniques that can be very intimidating for the elderly and vulnerable.

Trading Standards often work with local police and will set up 'No Cold Calling Zones'. These areas have street signs of a similar size to Neighbourhood Watch signs and although they are not enforceable they enable householders to inform potential bogus officials to 'go away'.

Trading Standards officers are also working with local banks and building societies educating staff to spot unusual withdrawals, such as the elderly paying excessive amounts for building work.

Powers of Attorney and Court Protection Orders :

The Public Guardianship Office (PGO) is responsible for administering court orders on behalf of elderly and vulnerable persons.

They can be contacted on 0845 330 2900 and their web site is www.publicguardian.gov.uk/

Contact Us

If you believe you might be being set up as a target for fraud or have been a victim of this type of fraud and need advice contact your local police station. If you are a resident in Greater London area this link will provide details of your local police station. If you are resident outside the London area, the following link will provide you with details of your local force website from which you can obtain details of your local police station.