Registered nurse Gilbertha Mutyoza of Andrewsfield, Welwyn Garden City was anonymously reported to the NHS Fraud and Corruption Reporting Line soon after graduating from an NHS-commissioned and funded three-year nursing diploma course at the University of Hertfordshire.
An NHS Protect-led investigation showed that 47-year-old Mutyoza defrauded GB pound 38,931.50 in total. Her course fees cost the NHS (East of England Strategic Health Authority) GB pound 18,181.50 and her NHS Student Bursary GB pound 20,750.00.
Evidence proving that Mutyoza had used false Home Office documents including false visas to access her bursary was found during the investigation.
Mutyoza applied to the University of Hertfordshire using a false Statutory Declaration – made before a solicitor – that she had indefinite leave to remain in the UK when she did not, and knew it.
She applied for a NHS student bursary by providing forged copies of a genuinely issued UK visa, indicating that she had indefinite leave to remain in the UK. Mutyoza also supplied NHS Student Bursaries with a false UK National Insurance number.
Electing for trial by jury
Mutyoza elected for trial by jury. On June 14 at Luton Crown Court, she pleaded guilty to two counts of failure to disclose information (to the East of England Strategic Health Authority, and to NHS Student Bursaries) that, as of May/April 2008, she had became aware that the immigration documents in her passport were forgeries.
On 17 June this year, the jury unanimously found her guilty on all five remaining counts.
NHS Protect’s national investigation service anti-fraud lead Mick Hayes commented: “NHS Protect will check up on any suspicions of fraud against the NHS. Wherever appropriate it will mount an investigation, press for a prosecution and push for the strongest sanctions. A genuine applicant may have lost out as a result of this course place and bursary being taken up illegally.”
The work Mutyoza obtained fraudulently included being a residential adult care worker for Jubilee House Care Trust.
Mutyoza entered the country in December 1999 on a sixth-month visitor visa, and was refused an extension. Authorities lost track of her between 2000 and 2008, when she reappeared seeking asylum, saying she had returned home and then re-entered the UK via South Africa.
After being refused asylum Mutyoza appealed, and it was eventually granted.
Mutyoza has always maintained that she genuinely thought she had legitimately purchased her illegal documents from a UK Border Agency official, a man she only knew as ‘Steve’. She paid him up to GB pound 1,500 for the service on more than one occasion, meeting in a supermarket car park in Luton.
Mutyoza’s seven offences in detail
(1) On or about 5 November 2004: using a false instrument, contrary to Section 3 of the Forgery and Counterfeiting Act 1981 (a Zimbabwean passport with visa stating that she had been granted leave to remain in the United Kingdom until 15 July 2006, which she knew to be false).
(2) Obtaining a pecuniary advantage by deception, contrary to Section 16(1)(c) of the Theft Act 1968 (gained work as a residential adult care worker with the Jubilee House Care Trust).
(3) On or about 22 January 2007, dishonestly made a representation which she knew to be false, contrary to Sections 1 and 2 of the Fraud Act 2006 (in a NHS Bursary Application for Non-Income Assessed Award)
(4) On or about 12 April 2007, made a false representation stating that she had been granted indefinite leave to enter or remain in the UK on 18 August 2006 (a Statutory Declaration she knew to be false).
(5) On or around the 22 January 2007, possession with intention to use a Zimbabwean passport containing a UK residence permit purporting to show she had been granted indefinite leave to remain in the UK on 5 August 2006 that was false and that she knew or believed to be false, contrary to Sections 25(1), (2) and (6) of The Identity Cards Act 2006.
(6) (pleaded guilty on 14/06/2011) Between 1 January 2007 and 31st December 2009 with a view to gain for herself tuition fees of GB pound 18,181.50 funded by the East of England Strategic Health Authority for the Adult Nursing Diploma Course, dishonestly failed to disclose to the East of England Strategic Health Authority the information which she was under a legal duty to disclose, namely that she was not entitled to indefinite leave to remain in the UK (contrary to Section 3 of the Fraud Act 2006).
(7) (pleaded guilty on 14/06/2011) Between 5 February 2007 and 15 December 2009 with a view to gain for herself an NHS student bursary in the sum of GB pound 20,750.00, dishonestly failed to disclose to NHS Student Bursaries the information which she was under a legal duty to disclose (namely that she was not entitled to indefinite leave to remain in the UK, contrary to Section 3 Fraud Act 2006).
NHS Protect: further information
NHS Protect incorporates some functions of the former NHS Counter Fraud and Security Management Service (CFSMS) that cannot be undertaken locally by NHS bodies.
Between 1999 and 2010 over GB pound 65 million was recovered. The value of fraud and unlawful action identified in 2009-2010 was GB pound 10,951,069. Also in 2009-2010, 65 criminal cases were successfully prosecuted.
There are some 300 professionally-trained and accredited Local Counter Fraud Specialists now in place within each health body throughout England and Wales.
To report any incident of suspected fraud in the NHS, please call the Fraud and Corruption Reporting Line on 0800 028 40 60 or report online at www.reportnhsfraud.nhs.uk (a dedicated link is provided at the foot of this page)
