What if our group structure is complex or we cannot confirm consolidated employee numbers?
Where group consolidated figures cannot be confirmed — because subsidiaries are numerous, data is delayed, or the group boundary is contested — the GOV.UK guidance recommends documenting the uncertainty and taking a conservative position. DefenceFile surfaces a group-structure-unknown flag in the scope screen so the limitation is recorded rather than hidden.
Not sure this applies to you? The offence targets large organisations that meet the size test — check whether you are in scope.
In short
- Document the uncertainty rather than guessing a consolidated figure
- The scope screen supports a group-structure-unknown flag for this scenario
- Uncertainty should be resolved with qualified legal or accounting advice
- The audit trail preserves the flag and any notes for future review
The failure-to-prevent-fraud offence applies to each relevant body individually, but the size test may require group consolidated numbers where the organisation is a subsidiary or part of a larger group. Confirming the correct figures can require access to group accounts that are not always immediately available.
Flagging group-structure-unknown in the scope screen does not make the file inadmissible — it shows that the operator identified the question and escalated it to qualified advisers rather than guessing. The GOV.UK guidance is clear that scope uncertainty should be resolved with legal advice rather than assumed away.
DefenceFile records the uncertainty flag in the audit trail and preserves the scope-screen notes so a reviewer or adviser can see what was known and when. It does not decide whether the organisation is in-scope.
The sample board pack — a one-page view of where evidence is complete and what is missing — opens in your browser, no email, no form.
Official sources
- Home Office failure-to-prevent-fraud guidance v1.5
Updated 2025-10-10; accessed 2026-06-15.
- Economic Crime and Corporate Transparency Act 2023
Royal Assent 2023-10-26; accessed 2026-06-15.
Keep reading
DefenceFile organises evidence for legal and compliance review. It does not provide legal advice, create privilege, certify scope, certify reasonable procedures, or guarantee that a statutory defence will succeed.