BBC Scam Safe Week Highlights Extent of UK Fraud and Lack of Justice for Victims

Recently published Criminal Justice System (CJS) statistics from the Ministry of Justice, for the 12 months to the end of June 2025, show key trends within the CJS, including the number of prosecutions and convictions broken down by offence type.

The latest data highlights the number of reported fraud cases and just how few resulted in criminal convictions. In summary:

• 1.2 million cases of fraud were recorded
• Fewer than 13,000 of these were prosecuted
• 4003 fraud offences resulted in convictions, up from 3835 in the same period the previous year (approximately 0.3% of reported cases)

Fraud investigations are complex and time-consuming, often involving cross-border or international cooperation. If one fraudster has targeted many victims, considerable work is required to pull the case together. Many police forces are stretched and often prioritise violent crime or safeguarding.

As a result, many people fail to report instances of fraud because they believe it is not a police priority. Victims can also feel shame or embarrassment about being caught out by a scam or think nothing can be done.

Reported fraud is not the same as actual fraud, and the true figures are likely to be much higher. The Crime Survey for England and Wales (CSEW) for the year ending June 2025 estimates that there could have been as many as 4.1 million fraud incidents, up 14% from the previous year. The significant increase has been attributed to a sharp rise in bank and credit account fraud.

The Home Office has said it will publish a new Fraud Strategy in the New Year, “which will reduce fraud, target offenders and protect victims”.

Like Mrs Holdaway’s case, the majority of scams start online and involve APP fraud, also known as push payment fraud. Victims are unaware that an online purchase or investment opportunity is a scam, and they unwittingly ‘authorise’ their bank to transfer funds. The money goes directly to the fraudsters, and is quickly moved on to another account, making it difficult or impossible to trace. These scams are highly successful with older people because the scammers exploit trust, loneliness and confusion.

Mrs Holdaway’s case was a good example of how the new mandatory reimbursement rules work in practice. She filed a complaint with her bank, which investigated the payments she made and concluded that she had been the victim of investment fraud. Her money was refunded in full. These rules were introduced to resolve APP fraud cases more straightforwardly and promptly.
However, not all cases can be investigated under the new rules. Fraud that occurred before 7th October 2024, and more complex cases, still need to be handled differently.

The Financial Ombudsman Service (FOS) was set up nearly 25 years ago with Government approval. It is an independent body that reviews financial disputes, including fraud, scams and mis-selling. FOS will consider APP Fraud cases that pre-date the 2024 reimbursement rules, as well as cases where banks don’t respond properly to customer complaints, and some cases where customers disagree with their bank’s decision.

Taking a complaint to FOS can be complex and time-consuming, and many people prefer to have a legal professional by their side to assist with the technical jargon and paperwork.

Both the old and new ways of dealing with fraud focus on recovering victims’ money. Of course, this is a main priority, as large sums of money are often at play, with some people losing their life savings or pension pots. But what about justice, and seeing the people behind these scams made accountable for their actions in the criminal courts?

No one was ever arrested in Mrs Holdaway’s case. She told the BBC about the emotional and mental impact the investment scam had on her:

“It’s made me very, very suspicious. You just cannot sleep properly and it’s just on your mind all the time. All I was doing was avoiding ever speaking to anyone again.”

Fraud investigations are complicated. Offenders often use fake identities, encrypted or deleted messages and overseas bank accounts. They can target multiple victims, over many months or years. As a result, the police or the Crown Prosecution Service (CPS) may decide that a case is not viable, stating there is insufficient evidence or a limited prospect of conviction.

Only around one in four fraud incidents are ever recorded by the police. With conviction rates well below 1% and a finite police budget to tackle financial crime, it’s no wonder that some individuals and businesses look to private prosecutions to bring the scammers to justice.

A private prosecution enables a victim (or their legal team) to bring a criminal case when public authorities decline to do so. It follows the same legal standards and rules as a police prosecution, and can lead to conviction, sentencing, and compensation orders.
Key benefits include:

• Speed and focus: the investigation can start as soon as evidence is available, rather than waiting on stretched police resources.
• Victim control: the decision and progression of the case lie with the victim and their solicitor.
• Accountability: offenders can still be prosecuted even if the CPS declines.
• Potential cost recovery: if successful, reasonable costs can sometimes be recovered from central funds.

A lawyer experienced in fraud and private prosecutions will advise on whether the evidence meets the “beyond reasonable doubt” threshold, guide the gathering of forensic evidence, and manage the court process.

At present, there is no statutory requirement for private prosecutors to report their activities to a central body, which means accurate data on the number of UK private fraud prosecutions is unavailable.

Sarah Spruce, Legal Director at TLW Solicitors, comments:

“Financial crime is deeply upsetting and financially devastating. Victims often feel there is nowhere to turn when the police can’t prosecute, but that isn’t always the end of the road. Private prosecutions can be a powerful way to hold fraudsters accountable, while civil or regulatory routes can help recover money from banks or payment platforms that failed to act. Our role is to help victims explore every possible avenue to secure both justice and compensation.”

At TLW Solicitors, we understand how isolating and distressing investment scams and APP fraud can be. Our specialist team supports victims of APP fraud in navigating both civil recovery and private prosecution routes. We can:

• Review your evidence (bank statements, messages, correspondence and identity data)
• Assess claims against banks or payment providers for failure to act
• Evaluate the viability of a private prosecution and guide you through any next steps where appropriate

Whether you’re looking to recover your money, pursue justice, or both, TLW Solicitors can help you take back control after the emotional and financial damage of a scam.