Advice was provided to a large housing association in relation to their investigation concerning a housing officer. The investigation related to circumstances where it was suspected that a housing officer had been directing surplus monies in rent accounts of tenants to be paid under the guise of payments due to next of kin of the tenants, but directed to herself and connected third parties.
To understand the extent of the alleged wrongdoing of the housing officer, advice was given to enable the client to make an application to court for non-party disclosure from the bank for the employee and other connected parties. This application was successful and resulted in the housing association gaining access to the employee and connected third parties’ bank statements to identify the extent of the wrong doing and nature of the fraud.
The application for non-party disclosure was made to the High Court. It was made without the account holders’ knowledge of the application, where made without the absence of knowledge of the account holders, so not to tip them off as to the investigation.
The disclosed bank statements enabled the housing association to learn of the full extent of the fraud, dismiss the housing officer and demonstrate to their regulator that a quick and informed investigation had taken place limiting the exposure and risk to their tenants.