Public Meetings

HFI Sub-Board Meetings

Question to Contracted Services Sub-Board from Mr Hockenjos

February 2008

Would HFI Contracted Services SubBoard use the 2006 Fraud Act if it came to light that public funds had been claimed and obtained by a contractor who fraudulently certified contract compliance for major works when works were either not done at all or had been done without meeting the standards specified under a contract?
The Fraud Act 2006 deals with criminal offences and therefore it would be a matter for the police to take action. HFI deals with certification issues through the PFI contract. Where there have been discrepancies in the certification of properties there has been no evidence of fraud within the meaning of the Act.

What support would HFI offer to tenants who have been affected by Contract Fraud and which HFI department or officer would take on the role of supporting affected tenants?
If a tenant is dissatisfied with the service they have received they are entitled to make a complaint. For properties within the PFI schemes the responsibility for resolving complaints lies with Partners and HFI would not be involved. Tenants are able to invoke the Council's complaints procedure.

Would HFI force tenants (against tenant's expressed wishes and needs) to deal with a contractor once a contractor has been found guilty of contract fraud?
HFI cannot comment on this hypothetical situation.

Please provide the name of HFI official(s) responsible for taking legal action in relation to contract fraud carried out in Islington PFI and Decent Home Scheme related contracts?
Action under the Fraud Act 2006 would be taken by the police.

With reference to the Audit Regulations 2003, could the HFI Sub-Board please clarify how HFI discharges its obligations under these Regulations and could the Board explain how PFI Contract Compliance is audited by HFI and which officer(s) carry out such role in relation to the 2003 Audit Regulations?
The Audit Regulations refer to accounts and audit of accounts of public bodies. The Act does not cover auditing of contract compliance. Partners is a private company and is not subject to that Act.

Could you please supply copy of policy in relation to HFI Audit Activity Practice under the Audit Regulations 2003?
HFI has no auditing role under the Audit Regulations 2003 and therefore has no policy.