MPs Warn DWP on New Financial Surveillance Powers

MPs Warn DWP on New Financial Surveillance Powers

The United Kingdom’s Department for Work and Pensions (DWP) finds itself at the center of a contentious debate, armed with sweeping new legal authority to scrutinize the financial lives of benefit claimants, yet simultaneously facing stern warnings from Parliament about the potential for overreach and the erosion of public trust. This development, rooted in the “Public Authorities (Fraud, Error and Recovery) Act 2025,” has prompted a rigorous examination by the House of Commons Public Accounts Committee (PAC), which is demanding caution, proportionality, and a new level of transparency from the department. The controversy unfolds against a troubling backdrop: persistently high levels of fraud and error within the benefits system, an unprecedented 37-year streak of failing to receive clean financial accounts from the national auditor, and the DWP’s simultaneous push to integrate modern financial technology like open banking into its operations. This confluence of factors places the department at a critical juncture, where its next steps could either begin to mend a broken system or deepen the divide between the state and the citizens it serves.

The New Powers and Parliamentary Scrutiny

A Controversial Legal Framework

The core of the recent controversy is the Public Authorities (Fraud, Error and Recovery) Act 2025, a piece of legislation that significantly expands the DWP’s investigative capabilities. Granted Royal Assent on December 2, the act equips the department with a powerful legal framework designed to combat fraud and error in the social security system. These new powers are substantial, enabling the DWP to compel banks, building societies, and other financial institutions to provide data on claimants’ accounts. The primary objective is to verify eligibility for benefits by flagging potential discrepancies, such as individuals holding savings that exceed prescribed thresholds, like the £16,000 limit for Universal Credit recipients. This move aims to close loopholes that have contributed to billions in overpayments, but it does so by creating a mechanism for systematic financial monitoring that was previously unavailable to the department. The shift represents a fundamental change in the relationship between the DWP and the financial sector, effectively deputizing banks to assist in welfare compliance.

Perhaps the most alarming aspect of the new legislation is the authority it grants the DWP to recover overpaid funds directly from an individual’s bank account, in certain circumstances, without first obtaining a court order. This ability to bypass the traditional judicial process has raised considerable concern among parliamentarians and civil liberties advocates, who see it as a dangerous erosion of due process. Sir Geoffrey Clifton-Brown, the chair of the PAC, underscored the gravity of these changes, stating, “Make no mistake, the DWP’s new powers to reach further into citizens’ lives are significant.” He articulated the committee’s position that while the government’s goal of ensuring correct benefit payments is valid, it is “essential that these extensive new powers… have the risk of overreach mitigated against right from the outset.” This warning from a senior MP highlights the deep-seated anxiety in Westminster that without robust safeguards, these powers could be applied disproportionately, affecting vulnerable individuals who may have made innocent mistakes.

The Public Accounts Committee’s Warning

In a comprehensive report titled ‘Tackling fraud and error in benefit expenditure 2024-25’, published on February 11, the Public Accounts Committee laid out its findings and articulated a clear set of demands for the DWP. The committee acknowledged that the department has initiated efforts to reduce the staggering levels of benefit overpayments but declared the current rate “still too high” to be acceptable. The central theme of the report is a call for the DWP to wield its newfound authority “effectively and proportionately,” emphasizing that the establishment of robust safeguards is paramount to maintaining public trust. The PAC has made it clear that these powers cannot be implemented in a vacuum and must be accompanied by a rigorous system of oversight and accountability to prevent abuse and ensure fairness for all claimants, particularly those in vulnerable situations.

The committee’s report is not merely a critique; it provides a series of concrete recommendations aimed at embedding accountability into the DWP’s operations. A primary demand is for complete transparency in how the powers will be used. The PAC has called for the department to report annually on the frequency of the powers’ deployment and the resulting impact, creating a public record that can be scrutinized by Parliament and the public alike. Furthermore, the report criticizes the DWP for not leveraging data sharing opportunities with other government bodies to improve payment accuracy. While praising the use of real-time PAYE earnings data from HMRC as a “gold standard,” the committee noted untapped potential for similar collaborations with agencies like the Department for Education to help verify household composition for Universal Credit claims, which could proactively prevent errors before they occur. The PAC also demanded clarity on the spending plans for a dedicated £3.5 billion fund available from 2026 to tackle fraud and error, insisting on a detailed breakdown of expenditures and clear metrics for measuring cost-effectiveness.

A Deeper Look at the System’s Failings

Errors Within the Department

A powerful critique within the PAC report is its focus on the DWP’s internal shortcomings, challenging the narrative that fraud and error are primarily claimant-driven problems. The committee highlights a critical imbalance in the department’s approach, noting that while immense resources are directed at claimant fraud, errors originating from the DWP itself, local authorities, or HM Revenue & Customs (HMRC) represent a growing and significant issue. These “official errors” are largely within the DWP’s control to fix, yet the problem is worsening. According to the report, overpayments stemming from official mistakes increased from £0.8 billion to £1 billion, while underpayments from the same cause rose from £1.1 billion to £1.2 billion. This data paints a picture of a system plagued by internal inefficiencies and inaccuracies, prompting the PAC to urge the DWP to “take a proper look in the mirror” and address the root causes of its own administrative failures before escalating surveillance of the public.

This internal focus extends to the experience of claimants attempting to navigate the complexities of the benefits system. The committee reiterated a previous recommendation for the DWP to simplify the process for individuals to report changes in their circumstances. This is particularly crucial for tackling the issue of “unfulfilled eligibility,” a term for situations where claimants receive less financial support than they are legally entitled to because they have not reported a relevant change, such as a worsening disability. The value of this unfulfilled eligibility surged dramatically from £3.1 billion to £3.7 billion in 2024-25, a figure that represents billions in vital support not reaching some of the most vulnerable people in the country. The PAC argues that building trust is essential; claimants must feel confident that they will be treated fairly and without suspicion when they come forward with new information. Without this trust, people are less likely to engage with the system, leading to further inaccuracies and hardship.

A Legacy of Financial Mismanagement

One of the most striking findings in the PAC report is the DWP’s long and deeply troubled financial history. For an astonishing 37 consecutive years, the department’s annual accounts have been “qualified” by the UK’s chief auditor. A qualified set of accounts is a serious red flag from an auditor, signifying that they have reservations about whether the financial statements present a true and fair view of an organization’s financial health. In the DWP’s case, this qualification is a direct result of the material and persistent levels of fraud and error within the benefit expenditure it oversees. The PAC described this nearly four-decade-long failure to achieve a clean bill of financial health as “unacceptable,” pointing to it as evidence of a systemic inability to manage public funds effectively. Sir Geoffrey Clifton-Brown drove this point home, warning the department’s leadership that they are just three years away from the “sad and embarrassing milestone” of 40 years of qualified accounts and urging “urgent action” to avert this.

The sheer scale of the financial mismanagement is immense and affects millions of lives. In the 2024-25 fiscal year alone, total overpayments amounted to £9.5 billion, representing 3.3% of all benefit spending. The DWP has set a target to reduce this figure to 2.8% by 2028-29, a goal the PAC dismissed as not being “stretching” enough given the gravity of the situation. Simultaneously, the problem of underpayments has worsened, rising to £4.9 billion from £4.2 billion the previous year. This figure is not just a number on a balance sheet; it represents a significant cohort of vulnerable people who are not receiving the full financial support they are legally entitled to. This dual crisis of overpayments and underpayments demonstrates a system that is failing on two fronts, both in its duty to the taxpayer to protect public funds and in its core mission to provide an accurate and reliable safety net for citizens in need.

The Broader Context and Public Reaction

While not directly addressed in the PAC’s report, the DWP’s concurrent exploration of open banking technology provides crucial context for its future approach to data verification and financial surveillance. The department is in the final stages of a procurement process to find a “strategic supplier” of open banking solutions for Universal Credit. This technology would enable claimants to grant the DWP secure, permissioned access to their bank balance and transaction history through Application Programming Interfaces (APIs). The goal is to streamline verification processes, making them faster and more accurate. This initiative follows a 2024 proof-of-concept with the fintech firm Ecospend and mirrors the pioneering work of HMRC, which began using open banking for tax payments in 2021. For the DWP, leveraging this technology could potentially reduce both fraud and official error while improving the user experience for claimants, but it also signals a deeper move toward the normalization of real-time financial data sharing between citizens and the state.

The introduction of these new surveillance powers has been met with fierce and organized opposition from civil liberties organizations. Big Brother Watch led a prominent campaign against what it termed “mass ‘bank spying’ powers,” arguing that the measures constitute an “unprecedented expansion of suspicionless mass surveillance.” The organization contends that the legislation effectively treats all benefit recipients as “suspects-by-default” and transforms private banks into an enforcement arm of the state. Their campaign, which garnered a petition signed by over 240,000 people and support from dozens of charities, successfully lobbied for amendments to “roll back the most egregious privacy violations” in the original bill. However, the group maintains that the final powers are still dangerously intrusive, forcing banks to systematically trawl through customer accounts and report anomalies to the DWP based on “secret criteria.” In response, the DWP has asserted that numerous safeguards are built into the Act and that an independent body will oversee the use of these powers. A spokesperson clarified, “We will not have access to claimants’ bank accounts when checking they are receiving the correct benefits,” suggesting that the data shared will be limited and targeted rather than providing open-ended access.

A Path Forward Built on Proportionality and Trust

The DWP found itself at a critical juncture, armed with powerful new legislative tools to combat a multi-billion-pound fraud and error problem while simultaneously facing intense pressure from Parliament to wield them with care and transparency. The department’s ability to balance its enforcement duties with its fundamental responsibility to support vulnerable citizens became the defining challenge. By addressing its own internal “official errors” and modernizing systems through technologies like open banking with a focus on user consent, it had an opportunity to rebuild trust. Ultimately, the success of these new measures was gauged not just by the reduction in overpayments, but by the department’s commitment to protecting individual rights and finally achieving a fair, accurate, and trusted social security system.

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