Checking Council Tax account before summonsing (LGO Decision 18 018 357)
Dear Middlesbrough Council,
The Ombudsman's decision (18 018 357) states in paragraph 12:
https://www.lgo.org.uk/decisions/benefit...
'12. Mrs X wants the Council to manually check an account before issuing a summons. However, council tax is largely an automated process and councils do not have the resources to check every account.'
Middlesbrough Council add £75.00 for the issue of a summons and liability order (court costs) and the law only provides that the council may charge a defendant the costs it incurs (no more).
If the council does not manually check the account before it institutes court proceedings then how does it arrive at a figure of £75.00 as the amount of expenditure it incurs for the court costs (lawfully)?
Yours faithfully,
Adam Adams
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Regards
Information Requests Team
Dear Middlesbrough Council,
Response to this request is delayed. By law, Middlesbrough Council should normally have responded promptly and by 9 September 2019.
Yours faithfully,
Adam Adams
Thank you for contacting the Information Requests Team. If your email is
concerning a request for information, please treat this email as an
acknowledgment of your request. A response will be provided within 20
working days of receipt.
If you are requesting personal information about yourself (Subject Access
Request), a member of the team will contact you regarding making your
request live. Subject Access Requests are subject to a statutory 30
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Regards
Information Requests Team
Dear Mr Adams
Thank you for your email received today, regarding your request for information. I have requested an update from the Revenue and Benefits service and will contact you again shortly.
Yours sincerely
Information Requests Team
Strategy, Information and Governance
P.O. Box 500
Civic Centre
Middlesbrough
TS1 9FT
Email: [Middlesbrough Council request email]
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Dear Mr Adams
I refer to your email received on 12th September 2019, regarding your request for information. Please accept my sincere apologies for the delay in responding to your request. I am awaiting the information from the Revenue and Benefits team and will update you shortly on progress.
Yours sincerely
Janette Anderson
Information Requests Officer
Strategy, Information and Governance
P.O. Box 500
Civic Centre
Middlesbrough
TS1 9FT
Tel. 01642 729698
Email: [Middlesbrough Council request email]
All intellectual property rights are reserved. Trademarks, brand names, company names, and logos are the property of Middlesbrough Council, or of their respective owners. Reproduction, alterations, modification, distribution, or re-publication in any format, without prior written permission from the property owner is forbidden.
The Council's copyright and other intellectual property rights are protected by UK laws and by international treaties.
Dear Mr Adams
FREEDOM OF INFORMATION REQUEST - REF NO: 014763
I am writing to confirm that Middlesbrough Council has now completed its
search for the information you requested on 09/08/2019. Your request has
been handled under the Freedom of Information Act 2000.
In your request you asked for the following information:
Middlesbrough Council add £75.00 for the issue of a summons and liability
order (court costs) and the law only provides that the council may charge
a defendant the costs it incurs (no more).
If the council does not manually check the account before it institutes
court proceedings then how does it arrive at a figure of £75.00 as the
amount of expenditure it incurs for the court costs (lawfully)?
Response:
The figure quoted of £75 is not correct. Middlesbrough Council charge a
total of £65.00 this is broken down as follows:
• £50.00 costs are added at Summons stage.
• £15.00 cost are added at Liability Order Stage.
Noting the costs Middlesbrough charge are lowest with the surrounding Tees
Valley Authorities.
Costs raised and charged are based on the following activity. Costs are
assigned to all accounts irrespective of the action taken, however noting
the costs charged simply contribute to the following actions and are not
intended to cover the costs in absolute.
Account administration; maintenance
Printing, packing and postage.
Time and effort
Staffing costs, the preparation of complaints and representation at court.
IT costs related to systems and solutions (IT, Telephony, Payment Solution
etc).
Magistrates Courts Fees.
Nb as referenced above the representative costs to deliver these actions
is in excess of the costs charged – the costs simply act as a contribution
to the overall running costs.
If you have any queries about this response, please do not hesitate to
contact me direct on 01642 729696/729698 or email
[Middlesbrough Council request email]. Please remember to quote the reference number
shown above in any future communications.
If you are unhappy with the way your request has been handled you may ask
for an internal review within 40 days of receipt of the response. You
should write to:-
Ann-Marie Johnstone
Corporate Strategy Manager
P.O. Box 500,
Civic Centre,
Middlesbrough.
TS1 9FT
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an
independent review. The Information Commissioner can be contacted at: -
Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Yours sincerely
Information Request Office
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