A disabled woman was convicted over an unpaid TV licence when she was “confused”, “heavily medicated”, and grief-stricken from the death of her sister.
The 52-year-old was in mourning when a TV Licensing agent visited her home and accused her of breaking the law.
When she was prosecuted, her son wrote to the court to explain that his mother is disabled, she suffers from “brain fog” which leads to bills being missed, and she takes regular medication for her medical issues.
In spite of the mitigating circumstances, the prosecution was not stopped and the woman received a criminal conviction, in a case dealt with in the controversial Single Justice Procedure.
The fast-track court system is currently under review by the government, and magistrates themselves have said they believe it is broken and producing injustices against vulnerable people.
Court papers reveal the woman, from Grimsby, told the TV Licensing agent on the doorstep in October last year that she had been watching a documentary on the BBC at a time when her previous licence had expired.
The agent also noted down that she explained some of her struggles at the time: “My sister recently died so I have been struggling with my mental health.”
TV Licensing, which monitors payment of the £174.50 annual charge, decided to bring a criminal prosecution when an offer of an out-of-court settlement was not responded to.
The woman’s son set out in his note to the court: “She has medical conditions that cause her to get confused and have brain fog, leading her to be in a mess with bills.
“She forgets which ones she’s paid and which ones she still has to pay. She’s heavily medicated due to her disabilities.
“As she has gotten herself into a mess with bills and finances, I’ve decided to help her from now on.”
He said the family have now stepped in to help, and he explained: “During the time the interviewer came round, we had just lost my auntie, my mum’s youngest sister.
“She was grief stricken, as was I, and she got into a serious mess with all bills, but she was honest with the gentleman interviewing her, she didn’t lie, she said she had a TV and she watched BBC etc.
“She just got into a mess due to her disabilities and her grief.
“We ask the court for leniency for the above grievance caused and I will make sure she continues to pay it so she doesn’t get into a mess again.”
TV Licensing confirmed to The Standard that it had not seen the son’s letter before the case went before a magistrate, due to the design of the system which aims to fast-track dealing with cases of low-level crime.
It says criminal cases are always a “last resort”, and a spokesperson insisted agents who visit people at home “receive training on how we support vulnerable customers”, including asking about personal circumstances which may have affected bill payments and explaining how to contact TV Licensing with this information.
The agency says this case was not referred to it by the court once mitigation had been entered online by the son, adding: “If someone’s circumstances indicate that the prosecution may not have been in the public interest, we will investigate and withdraw the case if there is sufficient evidence.”
The government is currently consulting with prosecuting bodies and the public about possible changes to the Single Justice Procedure. Among the suggestions is a new step which would ensure prosecutors read and considered all letters of mitigation.
Despite looming changes, nothing has been done to alter the system in the short-term while the consultation is ongoing.
The woman from Grimsby was given a six-month conditional discharge at Reading magistrates court, with an order to pay £60 in costs and a £26 victim surcharge.
It is the latest in a long line of examples of grieving relatives being convicted in SJP hearings for not paying their household bills.
