Case Study Anne Harris, Head of Adult Safeguarding Dudley MBC Chris King, Principal Trading Standards Officer Dudley MBC

Joint Working To Resolve a Serious Safeguarding Incident Case Study; In early 2011 A Dudley MBC Housing Officer visited `Mary`. Mary was a lady in her late thirties, who had mild learning difficulties and was sole carer for her severely disabled son. She lived in social housing. Further LA services became involved, and Mary indicated that she had no food in the fridge. She said she could no longer cope or afford to feed her son.

The Officers asked Mary why she is unable to look after herself and her son. Mary did not want to talk. However she eventually said she was in substantial debt The debt was to a `white van man` called `Alan`. Mary said that Alan was a friend who had helped her fix up her house. She did not want to complain or get him into trouble. She said she was scared of what he would do to her if she complained, and she believed she owed him the money.

Mary had an income of £1000 a month in benefits She revealed that she had to pay £800 to Alan on the first Monday of every month, leaving just £200 a month for her and her son – she could manage. Alan was revealed to be Alan Nicholson, a flower seller on Dudley Market. He befriended Mary when she brought flowers from his stall. He offered to do odd jobs for her, every Wednesday, at £80 a day

He worked off an on for several months, on a Wednesday He worked off an on for several months, on a Wednesday. He tidied the garden, repainted interior walls, and supplied a settee (believed to be second hand) He said she could repay him monthly at (initially) £200 a month.

After a few more months Alan claimed that the tax man had caught up with him and he now had a hefty tax bill which was Mary`s fault. The debt therefore increased from £14000 to £65000, and had to be repaid at £800 a month. Alan gave Mary a repayment book;

Repayment Book

Repayment Book

A Safeguarding meeting was called A Safeguarding meeting was called. The meeting was briefed that Mary would not make a complaint or give a statement because she believed Alan is her friend, she believed the debt was genuine AND she was frightened of him. What would you have done?

We debated Mary`s capacity to decide what happens next. We worked with her to gain her trust and not rush her. Children`s services and Trading Standards worked together in this area. Mary then agreed to support the investigation in the interests of her son and herself. Since then legal changes and recognition of `coercion` may have helped – but this was not a domestic relationship.

Strategy It was decided that there must be an intervention. Trading Standards assumed the role of lead agency. They were assisted by a neighbourhood Police team and made an approached to Nicholson when he arrived to set up his stall on Dudley Market. He was arrested and placed into custody. Evidence in the form of business records was recovered, it showed that he had already taken approximately £19000 from Mary, with at least £45000 still to pay.

Nicholson was interviewed by Trading Standards and Police Officers. He admitted that he had charged Jane far in excess of what she duly owed him He said he would have continued to add to the bill, and it would have never been repaid. He admitted that Mary considered him a friend, and says he exploited her learning difficulties. He says the money was been used to fund his gambling addiction.

Mary was informed that Nicholson has been arrested and that a condition of his bail was that he could not contact her. Only then would she agree to provide a witness statement.

Nicholson was prosecuted by Dudley Trading Standards and charged with offences under Section 2 of the Fraud Act – falsely making a representation (of debt) to make a gain for himself. He pleaded guilty to the offences at Wolverhampton Crown Court and was sentenced to 20 months in prison. He agreed to pay Mary £15000 in compensation

Press Coverage

Points to Consider What kind of abuse was this? How common is it? What could have happened if we took no action? What will you take away from this presentation?