Council Tax – Increase in Court Fees (2016/17 Savings Proposals)

Rebecca Saunders (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Caerphilly County Borough Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Roedd y cais yn rhannol lwyddiannus.

Rebecca Saunders (Ataliwyd y cyfrif)

Dear Caerphilly County Borough Council,

I would like disclosing the breakdown of the Council Tax court costs referred to in APPENDIX 5 (2016/17 Savings Proposals) itemised as summons and liability order costs which I believe are applied separately.

Ref: https://www.democracy.caerphilly.gov.uk/...

Yours faithfully,

Rebecca Saunders

WWW: FOI, Caerphilly County Borough Council

1 Atodiad

Dear Rebecca Saunders

 

INFORMATION REQUEST

 

Thank you for your request for information, which we received on 6^th
January 2017. This e-mail is intended to acknowledge your request, and we
will respond to your request in a separate e-mail.

 

Most information requests are dealt with under the Freedom of Information
Act 2000.  However environmental information is considered for disclosure
under the Environmental Information Regulations 2004.  If the information
you have requested is personal information about yourself, we must
consider disclosure under the Data Protection Act 1998.  If this is the
case we will provide you with a subject access request form for completion
and notify you of relevant timescales and fees.

 

We will transfer the request to the correct legislation automatically, as
required by the Freedom of Information Act.  For further information on
how we will deal with your request, please see the table below.

 

If you have any queries or concerns then please contact me.

 

Yours sincerely  

 

GARETH GRIFFITHS

Corporate Information Governance Assistant

 

 

 

 

[1]cid:image001.png@01D255EC.2BCB6B00 Freedom of Information Act 2000 &

  Environmental Information
Regulations 2004

 

We will consider the following points in dealing with your request for
information.

 

Timescales for We will consider your request and you should
responding to you receive the information within the statutory
timescale of 20 working days, unless the
information is not held or is exempt from
disclosure. Both the Freedom of Information Act
and the Environmental Information Regulations
allow this timescale to be extended in certain
circumstances.  If your request is affected by a
timescale extension we will explain this to you.
Third Party Information If the information you request contains reference
to a third party they may be consulted prior to a
decision being taken on whether we disclose the
information to you.  We will tell you if this is
the case.
Format of Information We will try to respond in the format that you have
provided requested.  If this is not possible we will let
you know.  If you require alternative formats,
e.g. language, audio, braille, large print, etc.
then please let us know.
Exemptions The Freedom of Information Act and the
Environmental Information Regulations 2004 define
a number of exemptions, which may prevent release
of the information you have requested.  Before we
provide the information we will consider whether
it is proper to release it.  If any of the
exemption categories do apply then the information
will not be released.  We will tell you if this is
the case, and you will have a right of appeal.
Fees You may have to pay a fee for this information
under the Freedom of Information and Data
Protection (Appropriate Limits and Fees
Regulations) 2004.  We will consider this and let
you know.  If so you will have to pay the fee
before we process and release the information. 
The 20 working day time limit for responding will
not resume until we receive your payment.
You have the right to If you wish to appeal If you are unhappy with that
appeal against our please set out in decision you have the right
decision. writing your grounds to appeal to:
of appeal and send
  to: Information Commissioner's
Office - Wales,
Freedom of Information Corporate Information
Act 2000 / Governance Unit 2nd Floor,
Environmental Caerphilly county
Information Regulations borough council, Churchill House,
2004 Penallta House,
Tredomen Park, Churchill Way,
Ystrad Mynach,
Hengoed. CF82 7PG Cardiff. CF10 2HH

Appeals will be  
determined by an
appropriate Senior Website: [2]www.ico.org.uk
Officer.
Telephone: 029 2067 8400

Email: [3][email address]

 

 

    

 

dangos adrannau a ddyfynnir

Rebecca Saunders (Ataliwyd y cyfrif)

Dear WWW: FOI,

Response to this request is delayed. By law, Caerphilly County Borough Council should normally have responded promptly and by 3 February 2017.

Yours sincerely,

Rebecca Saunders

WWW: FOI, Caerphilly County Borough Council

 
Dear Rebecca Saunders
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
Thank you for your request for information received on the 6^th January
2017. We have considered your request and enclose the following
information:
 
I would like disclosing the breakdown of the Council Tax court costs
referred to in APPENDIX 5 (2016/17 Savings Proposals) itemised  as summons
and liability order costs which I believe are applied separately.
 
The breakdown of the current level of Council Tax court costs itemised as
summons and liability order costs is as follows:
Summons costs: £47.00 plus the statutory £3.00 fee payable to the
magistrates’ court which makes a total of £50.00; and Liability order
costs: £20.00.
 
We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.
 
If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact me.
 
Yours sincerely
 
GARETH GRIFFITHS
Corporate Information Governance Assistant
 
 

Freedom of Information Act 2000 / Environmental Information Regulations
2004
 
You have the right to appeal against our decision.

If you wish to appeal please set If you are unhappy with that decision you
out in writing your grounds of have the right to appeal to:
appeal and send to:  
Corporate Information Governance Information Commissioner’s Office –
Unit Wales
Caerphilly county borough 2nd Floor, Churchill House
council, Churchill Way
Penallta House Cardiff CF10 2HH
Tredomen Park  
Hengoed. CF82 7PG Tel: 029 2067 8400
  Fax: 029 2067 8399
Appeals will be determined by an Email: [1][email address]
appropriate senior officer. Website: [2]www.ico.org.uk
 

 
Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.
 

dangos adrannau a ddyfynnir

Rebecca Saunders (Ataliwyd y cyfrif)

Dear WWW: FOI,

Thank you for breaking down the £70 total costs into £50 for issuing a summons and £20 for the cost of applying for a liability order at court.

Though I could have been clearer I wanted a breakdown of those costs individually. I realise that before the review the summons cost was £27.30 and liability order £30. A breakdown of those costs before and after would be appreciated.

It is also implied in the report that the costs imposed do not cover the actual costs incurred by the council. In that case it would be helpful if the council could identify what expenditure it is referring to and a breakdown of the actual costs incurred.

Yours sincerely,

Rebecca Saunders

WWW: FOI, Caerphilly County Borough Council

1 Atodiad

Dear Rebecca Saunders

 

INFORMATION REQUEST

 

Thank you for your request for information, which we received on 6^th
February 2017. This e-mail is intended to acknowledge your request, and we
will respond to your request in a separate e-mail.

 

Most information requests are dealt with under the Freedom of Information
Act 2000.  However environmental information is considered for disclosure
under the Environmental Information Regulations 2004.  If the information
you have requested is personal information about yourself, we must
consider disclosure under the Data Protection Act 1998.  If this is the
case we will provide you with a subject access request form for completion
and notify you of relevant timescales and fees.

 

We will transfer the request to the correct legislation automatically, as
required by the Freedom of Information Act.  For further information on
how we will deal with your request, please see the table below.

 

If you have any queries or concerns then please contact me.

 

Yours sincerely  

 

GARETH GRIFFITHS

Corporate Information Governance Assistant

 

 

 

 

[1]cid:image001.png@01D255EC.2BCB6B00 Freedom of Information Act 2000 &

  Environmental Information
Regulations 2004

 

We will consider the following points in dealing with your request for
information.

 

Timescales for We will consider your request and you should
responding to you receive the information within the statutory
timescale of 20 working days, unless the
information is not held or is exempt from
disclosure. Both the Freedom of Information Act
and the Environmental Information Regulations
allow this timescale to be extended in certain
circumstances.  If your request is affected by a
timescale extension we will explain this to you.
Third Party Information If the information you request contains reference
to a third party they may be consulted prior to a
decision being taken on whether we disclose the
information to you.  We will tell you if this is
the case.
Format of Information We will try to respond in the format that you have
provided requested.  If this is not possible we will let
you know.  If you require alternative formats,
e.g. language, audio, braille, large print, etc.
then please let us know.
Exemptions The Freedom of Information Act and the
Environmental Information Regulations 2004 define
a number of exemptions, which may prevent release
of the information you have requested.  Before we
provide the information we will consider whether
it is proper to release it.  If any of the
exemption categories do apply then the information
will not be released.  We will tell you if this is
the case, and you will have a right of appeal.
Fees You may have to pay a fee for this information
under the Freedom of Information and Data
Protection (Appropriate Limits and Fees
Regulations) 2004.  We will consider this and let
you know.  If so you will have to pay the fee
before we process and release the information. 
The 20 working day time limit for responding will
not resume until we receive your payment.
You have the right to If you wish to appeal If you are unhappy with that
appeal against our please set out in decision you have the right
decision. writing your grounds to appeal to:
of appeal and send
  to: Information Commissioner's
Office - Wales,
Freedom of Information Corporate Information
Act 2000 / Governance Unit 2nd Floor,
Environmental Caerphilly county
Information Regulations borough council, Churchill House,
2004 Penallta House,
Tredomen Park, Churchill Way,
Ystrad Mynach,
Hengoed. CF82 7PG Cardiff. CF10 2HH

Appeals will be  
determined by an
appropriate Senior Website: [2]www.ico.org.uk
Officer.
Telephone: 029 2067 8400

Email: [3][email address]

 

 

 

    

 

 

dangos adrannau a ddyfynnir

WWW: FOI, Caerphilly County Borough Council

Dear Rebecca Saunders
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
Thank you for your request for information received on 6^th February 2017.
We have considered your request and enclose the following information:
 
A breakdown of the costs estimated to have been reasonably incurred which
are capped by legislation is provided below.  For your information, this
breakdown has been accepted in the magistrates’ court as evidence that
the costs applied for have been reasonably incurred in respect of the
relevant actions.
 
Breakdown of Summons Costs
 
IT Services Hardware, Software & Support - £15,083.82
Central Services Recharges (mail sorting, courier) - £14,919.58
Customer Services Recharges (face to face) - £10,178.69
Office Accommodation - £8,428.58
Insurance Recharges - £601.94
External Audit - £1,119.91
Accountancy - £3,447.96
Cashiers - £53,209.02
Payroll - £442.99
Personnel - £6,072.35
Communications Unit - £906.68
Internal Audit - £4,744.26
Staff Costs (including solicitors consultations) - £178,418.34
Printing, inserting, franking Royal Mail liaison of summonses and
guidance/advice leaflets - £5,481.42
 
Total summons costs per annum: £303,055.54
 
Costs per summons using previous year caseload: £47.96
 
Local authority costs adopted per summons: £47.00
Add statutory fee payable to magistrates’ court on issue of summons:
£3.00
Level of total costs adopted per summons: £50.00
 
 
Breakdown of Liability Order Costs
IT Services Hardware, Software & Support - £6,808.51
Central Services Recharges (mail sorting, courier) - £6,734.38
Customer Services Recharges (face to face) - £4,594.44
Office Accommodation - £3,804.48
Insurance Recharges - £271.70
External Audit - £505.50
Accountancy - £1,556.34
Cashiers - £24,017.43
Payroll - £199.96
Personnel - £2,740.93
Communications Unit - £409.26
Internal Audit - £2,141.46
Staff Costs (including solicitors consultations) - £80,534.26
Travel costs to and from court - £297.00
 
Total liability order costs per annum: £134,615.66
 
Costs per liability order using previous year caseload: £21.30
 
Local authority costs adopted per liability order: £20.00
 
Overall costs adopted per summons and liability order: £70.00
 
It can be seen that the costs of £47.96 and £21.30 have been capped at
£47.00 and £20.00 respectively in order to keep the costs applied for
within the current legislative limit of £70.00 (including the £3.00
magistrates’ court fee).
 
We no longer hold a detailed breakdown of the previous costs levels.
 
We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.
 
If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact me.
 
Yours sincerely
 
GARETH GRIFFITHS
Corporate Information Governance Assistant
 
 

Freedom of Information Act 2000 / Environmental Information Regulations
2004
 
You have the right to appeal against our decision.

If you wish to appeal please set If you are unhappy with that decision you
out in writing your grounds of have the right to appeal to:
appeal and send to:  
Corporate Information Governance Information Commissioner’s Office –
Unit Wales
Caerphilly county borough 2nd Floor, Churchill House
council, Churchill Way
Penallta House Cardiff CF10 2HH
Tredomen Park  
Hengoed. CF82 7PG Tel: 029 2067 8400
  Fax: 029 2067 8399
Appeals will be determined by an Email: [1][email address]
appropriate senior officer. Website: [2]www.ico.org.uk
 

 
Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.
 
 
 

dangos adrannau a ddyfynnir

Rebecca Saunders (Ataliwyd y cyfrif)

Dear WWW: FOI,

Thank you.

You have stated that detailed breakdowns of the previous costs levels are no longer held.

Before I spend time contesting this on the grounds of the balance of probabilities, can you confirm whether or not detailed breakdowns of the previous costs ever existed?

Yours sincerely,

Rebecca Saunders

Rebecca Saunders (Ataliwyd y cyfrif)

Dear WWW: FOI,

Will you please respond to my email dated 3 March 2017.

Yours sincerely,

Rebecca Saunders

WWW: FOI, Caerphilly County Borough Council

Dear Rebecca Saunders
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
Thank you for your request for information received on 3^rd March 2017. We
have considered your request and enclose the following information:
 
We have re-examined our records and have now located the breakdown of
fees/costs that were applied for during the financial year 2015/16.  We
apologise for our error in failing to locate this for your first request.
 
It should be noted that in light of the outcome of a High Court case
between the Reverend Paul Nicolson and Tottenham Magistrates’ Court and
the London Borough of Haringey, the methodology used for 2015/16 was
subsequently reviewed.  Furthermore, the costs included and the stage at
which they are included were reviewed, hence the calculation used for
2016/17 was revised to better reflect the costs reasonably incurred at
each stage.
 
2015/16 Summons Costs based on 300 cases
IT Services Recharges £2,971.34
Staff Costs £2,986.92
Printing, inserting, franking, Royal Mail liaison for summonses and
guidance/advice leaflets £1,431.00
Costs per summons: £24.63
Local authority costs adopted per summons: £24.30
Add statutory fee payable to magistrates’ court on issue of summons:
£3.00
Level of costs adopted per summons: £27.30
 
2015/16 Liability Order Costs based on 300 cases
IT Services Recharges £4,551.05
Staff Costs £4,574.91
Travel costs to and from court £24.05
Costs per liability order: £30.50
Local authority costs adopted per liability order: £30.00
 
Overall costs adopted per summons and liability order: £57.30
 
We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.
 
If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact me.
 
Yours sincerely
 
GARETH GRIFFITHS
Corporate Information Governance Assistant
 
 

Freedom of Information Act 2000 / Environmental Information Regulations
2004
 
You have the right to appeal against our decision.

If you wish to appeal please set If you are unhappy with that decision you
out in writing your grounds of have the right to appeal to:
appeal and send to:  
Corporate Information Governance Information Commissioner’s Office –
Unit Wales
Caerphilly county borough 2nd Floor, Churchill House
council, Churchill Way
Penallta House Cardiff CF10 2HH
Tredomen Park  
Hengoed. CF82 7PG Tel: 029 2067 8400
  Fax: 029 2067 8399
Appeals will be determined by an Email: [1][email address]
appropriate senior officer. Website: [2]www.ico.org.uk
 

 
Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.
 
 
    
 

dangos adrannau a ddyfynnir