FOI Request for Bailiffs and Council Tax Enforcement

The request was successful.

Dear Conwy Council,

Please provide information for the following questions:

1 Does the Council have a bailiff Code of Conduct in place and if so what is it?

2 Does the Council have a service level Agreement with the bailiff and if so what is it?

3 How many Liability orders did the Council obtain for the year 2010/2011, up to the date this request is received

4 How much does each Liability Order cost the Council?

5 How much does the Council add in charges to the Debtors for gaining a Liability Order?

6 Do the Council check before issuing the account to the bailiff to see if its debtors may be included in the "vulnerable" category as
defined by the National Standards for Enforcement Agents?

7 If so, what checks are made, and what guidelines exist for these checks

8 If checks are not made, why not?

9 Are Council employees trained in the correct procedures of the lawful fees that bailiffs may apply

10 Do the Council check regularly to make sure their appointed Bailiffs are carrying out their duties correctly and within the law

11 Do the Council have a Complaints procedure in place for those debtors who have a grievance/issue over the Bailiffs actions other than referring them to the Bailiff Company?

12 Are council staff trained to negotiate payment plans, when a bailiff has already been assigned, or are they required to refuse, and to tell the debtor to contact the bailiff company

13 How many Liability Orders resulted in Bailiff action in 2010/11?

14 Of these, how many Liability Orders were successfully collected
by Bailiffs, and how many were returned “Nulla Bona”

15 How many arrest warrants were issued for non payment of
Liability Orders in 2010/11

16 Which Company is currently contracted to Conwy Council for the enforcement of liability orders

17 How many complaints were made to Conwy Council in 2010/11
regarding Bailiff’s

18 How many Bailiff related complaints in 2010/11 were upheld

19 What checks does Conwy Council make to ensure that
Bailiff’s acting under it’s authority are correctly certified, by a court to work within Conwy

Yours faithfully,

PR Williams

Info Regs Unit/Uned.Rheol-Gwyb, Conwy County Borough Council

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Cyngor Bwrdeistef Sirol CONWY County Borough Counci
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Info Regs Unit/Uned.Rheol-Gwyb, Conwy County Borough Council

FOI 1835 -11

Dear Pr Williams

Please find the following in response to your enquiry:

Q1: Yes. It is a document attached to the Service Level Agreement that sets out:

(a) General Standards
(b) Operational Guidelines
(c) Committal Procedures
(d) Sundry Debtors
(e) Collection
(f) General Issues

Q2: Yes. It is a document that sets out:

(a) Definitions & Interpretation
(b) The Service
(c) A Bailiffs Services Specification which contains 15 sections relating to Services to be undertaken.

Q3: 4262 liability orders were obtained during 2010/11 - none have been obtained in April 2011.

Q4: The Council has to pay the Magistrates Court £3.00 for each summons issued. That sum is recoverable from the taxpayer.

Q5: During 2010/11 the costs incurred by the taxpayer if a liability order was obtained were £70.00, which was to meet the costs incurred by the Council in try to recover the debt. This includes, staff costs, I.T. costs, stationery etc. The £3.00 payable to the Magistrates Court for each summons issued was in addition to the £70.00. Up to and including 2010/11 each council in Wales would separately agree the level of costs that could be recovered with their local Magistrates Court.

However, with effect from 1/4/11 the Welsh Assembly Government has passed legislation limiting the costs recoverable by all councils to £70.00 per application. The costs payable to the Magistrates Court must be paid out of the £70.00.

Q6: If it is known to the Council staff that it would be inappropriate to refer a particular case to the bailiffs for whatever reason, then other options such as attachment of earning or attachment of benefit are considered. If a particular taxpayer is known to be vulnerable then the staff may liaise with relevant departments; e.g. Social Services.

However, it is sometimes the case that the Councils staff are not aware of a taxpayers circumstances, and only become aware following the visit by the bailiff. Data Protection laws limit the degree to which enquiries can be made.
The following is an extract from the Bailiffs Operational Guidelines which deals with this situation:

Any vulnerable cases identified should be returned immediately. These include;

* People recently bereaved.
* People suffering from long term/acute illnesses, fragility and old age, disability.
* Recent marital break-up.
* Where a debtor appears in final stage of pregnancy.
* Where the welfare of young children would be put at risk.
* Persons on Income Support, unless otherwise specified by D.C.C. and C.C.B.C..
* Persons who appear mentally ill.
* Persons with communication difficulties, i.e. deaf, blind, language difficulties.
* Persons consulting their Councillor or M.P. or has an open case with the Voluntary agency.

Q7: See above.

Q8: See above.

Q9: Yes. All members of staff who deal with the bailiffs have received training, and have access to documentation, regarding the fees that may be charged by the bailiffs.

Q10: Yes. Regular meetings are held with the bailiffs, and reports received on a regular basis. The Council will discuss any complaints received with the bailiffs, and take appropriate action, subject to the comments in Q11 below.

Q11: The Service Level Agreement / Code of Practice require the bailiffs to deal with any complaints initially. If they are unable to resolve the complaint, the Council will investigate. However, the Council will deal with complaints sent directly to them, in accordance with the Corporate Complaints Policy, if appropriate.

Q12: Once a case has been referred to the bailiffs any payment arrangements must be made with them. Only in exceptional circumstances, if appropriate, will a case be called back from the bailiffs.

Q13: 3440 - that figure includes liability orders obtained in respect of previous years, but referred to the bailiffs during 2010/11.

Q14: 596

Q15: 12

Q16: Since April 2010 Conwy C.B.C. has a joint-working agreement with Denbighshire County Council who have in-house bailiffs. Those bailiffs are now acting on behalf of Conwy C.B.C. for all new liability orders, apart from out of area cases which are referred to Jacobs bailiffs. The Council previously referred liability orders to Excel Civil Enforcement Ltd., who still have a number of ongoing cases.

Q17: Information not available. No record is kept of the number of complaints about bailiffs. The numbers each year are minimal - probably in single figures. Each complaint is dealt with on an individual basis.

Q18: None. There is one complaint that remains unresolved and correspondence is ongoing.

Q19: It is a requirement of the Service Level Agreement with Denbighshire Bailiffs that copies of valid bailiff certificates were provided to Conwy C.B.C. at the commencement of the agreement, and on the appointment of any new members of
staff.

If for any reason you are unhappy with the response please contact us direct by e-mail or by post addressed to Conwy County Borough Council, Information Regulations Unit, Bodlondeb, Conwy, LL32 8DU.

Uned Reoliadau Gwybodaeth/Information Regulations Unit
Cyngor Bwrdeistef Sirol CONWY County Borough Council
E-Bost / E-Mail: [Conwy Council request email]

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