A LYING benefit cheat has walked free from court - despite a judge saying that he should have sent her to prison.

Mum-of-two Francesca Russell conned the taxpayer out of £7,114 by falsely claiming she was a single mother living alone in her home in Westbury Lane, Buckhurst Hill.

In fact she shared the home with her husband.

But despite Judge Anthony Goldstaub QC telling her “I really ought to send you to prison”, she was given an eight months suspended jail sentence over concerns that her children are dependent on her.

However she was given 150 hours community service and was ordered to pay the money back.

The case, at Chelmsford Crown Court, was brought by Epping Forest District Council following an investigation by fraud officers.

They first became suspicious a month after Russell submitted a council tax and housing claim in December 2007. In her application, she included a faked tenancy agreement in her sole name as part of the “proof” she lived alone.

She was arrested but made no comment when quizzed by police, prompting the council to push for a prosecution.

A council spokesman said: "Due to the circumstances of Mrs Russell, no costs were awarded against her in respect of the council’s time and work in bringing the prosecution.

He added: “The judge told Mrs Russell that benefit fraud was theft from society and from a system that was struggling to meet the needs of honest claimants.”

Russell, who now lives in Woodford Green in east London, pleaded guilty to three counts of making fraudulent benefit claims at an earlier hearing in December last year.