Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywHelen Barker mewngofnodwch a gadael i bawb wybod.

Exercising discretion when applying to the court for a Council Tax Liability Order

We're waiting for Helen Barker to read a recent response and update the status.

Dear West Suffolk Council,

The Council Tax (Administration and Enforcement) Regulations 1992 (the "Regulations") confer a duty on the billing authority to exercise discretion under regulation 34(1) when deciding whether to institute a complaint to the Magistrates' court to enforce payment.

Regulation 34(1) as amended by Regulation 15 of SI 1992/3008 states, with the relevant part emphasised, as follows:

"If an amount which has fallen due under paragraph (3) or (4) of regulation 23 (including those paragraphs as applied as mentioned in regulation 28A(2)) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, THE BILLING AUTHORITY MAY, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable."

Regulation 34(2) states as follows:

"The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding."

The following are examples (but by no means exhaustive) of what are reasonable factors a recovery officer should take into account in exercising discretion to institute a complaint to the Magistrates court under paragraph (2) of regulation 34 of the Regulations:

1. the level of debt outstanding

2. any payments made subsequent to the full amount becoming due and time remaining of the financial year

3. are circumstances indicative of the debt being settled without resorting to enforcement

4. consider if enforcing the debt would unnecessarily subject the taxpayer to additional costs etc. and therefore amount to a penalty (see 3 above)

5. ensure monies have been prioritised to maintaining the in-year debt

6. allocate to the in-year any monies posted to arrears (or sufficient of it) that would if it had not been misallocated prevented the in-year liability also falling in arrears (see 5 above)

7. check for benefit claims or appeals already in the system and refrain from taking enforcement action where such genuine cases are unresolved

Q1. Does West Suffolk Council exercise discretion before proceeding to the Magistrates' court to seek permission to enforce payment (it may be an automated process)

Q2. If yes to (1) what factors are taken into consideration

Yours faithfully,

Helen Barker

foi, West Suffolk Council

Thank you for your request for information from West Suffolk Council (formerly Forest Heath District and St Edmundsbury Borough Councils until 31 March 2019).

Please visit our website for information on our services www.westsuffolk.gov.uk<http://www.westsuffolk.gov.uk>

For details of our published information, please see the following:

www.westsuffolk.gov.uk/opendata<http://www.westsuffolk.gov.uk/opendata>

includes the following data:

* Business rates
* Car park costs
* Contracts
* Councillors' allowances
* Fraud data
* Grants
* Locality budgets
* Public Health funerals
* Purchase orders
* Spending
* Tenders current
* Waste Contracts over £5000

Employees

* Gender pay gap report
* Organisation chart
* Pay Policy statement
* Senior staff salaries - Statement of accounts
* Senior staff salaries - Additional information including budgets, job roles and responsibilities
* Senior staff salaries - Remuneration summary
* Workforce development data

Additional information available on our website:

* Planning applications - current and historic www.westsuffolk.gov.uk/planningapplicati...<http://www.westsuffolk.gov.uk/planningap...>

* Licensing registers - www.westsuffolk.gov.uk/licensing<http://www.westsuffolk.gov.uk/licensing>
* Waste service/bins - www.westsuffolk.gov.uk/bincollections<http://www.westsuffolk.gov.uk/bincollect...>

Please note

* we record requests for information which cannot be found in the council's available sources on our website
* we will contact you if we require clarification to process your request
* the 20 working days allowed for replying to requests does not include bank holidays
* requests for matters dealt with by the county council should be resubmitted to Suffolk County Council at www.suffolk.gov.uk<http://www.suffolk.gov.uk> eg

* roads and transport
* children, families, learning/schools
* adult social care and health
* public health in Suffolk
COVID-19
Please be aware that due to the Council's need to support local residents and businesses at this time, there may be a delay in receiving a response to your request outside the usual timeframes for responding to FOI requests. If you have a pressing need for the information please do let us know so we can assess whether we can respond more quickly to meet your needs.

Customer Services Team

Customer Services & Transformation

Families and Communities

Phone

01284 763233

Email

[email address] <mailto:>

www.westsuffolk.gov.uk<https://www.westsuffolk.gov.uk>
West Suffolk Council

#TeamWestSuffolk

Report, pay and apply online 24 hours a day<https://www.westsuffolk.gov.uk/doit/inde...>
Find my nearest for information about your area<http://maps.westsuffolk.gov.uk/>

West Suffolk Council is the Data Controller of the information you are providing. Any personal information shared by email
will be processed, protected and disposed of in accordance with the General Data Protection Regulations and Data
Protection Act 2018. In some circumstances we may need to disclose your personal details to a third party so that they
can provide a service you have requested, fulfil a request for information or because we have a legal requirement to do
so. Any information about you that we pass to a third party will be held securely by that party. For more information on
how we do this and your rights in regards to your personal information and how to access it, visit our website:
How we use your information<https://www.westsuffolk.gov.uk/privacy/h...>

******************************************************************* This email is confidential and intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error please contact the Sender. This footnote confirms that this email message has been swept for the presence of computer viruses and content security threats. WARNING: Although the Council has taken reasonable precautions to ensure no viruses are present in this email, the Council cannot accept responsibility for any loss or damage arising from the use of this email or attachments. ********************************************************-W-S-

Dear West Suffolk Council,

I have been alerted to the fact that my request could have been clearer. In order to remove any ambiguity my request is amended as follows:

Q1. Does West Suffolk Council exercise discretion before proceeding under regulation 34(2) of the Council Tax (Administration and Enforcement) Regulations 1992 to request a summons from a justice of the peace (it may be an automated process)

Q2. If yes to (1) what factors are taken into consideration

Yours faithfully,

Helen Barker

foi, West Suffolk Council

Thank you for your request for information from West Suffolk Council (formerly Forest Heath District and St Edmundsbury Borough Councils until 31 March 2019).

Please visit our website for information on our services www.westsuffolk.gov.uk<http://www.westsuffolk.gov.uk>

For details of our published information, please see the following:

www.westsuffolk.gov.uk/opendata<http://www.westsuffolk.gov.uk/opendata>

includes the following data:

* Business rates
* Car park costs
* Contracts
* Councillors' allowances
* Fraud data
* Grants
* Locality budgets
* Public Health funerals
* Purchase orders
* Spending
* Tenders current
* Waste Contracts over £5000

Employees

* Gender pay gap report
* Organisation chart
* Pay Policy statement
* Senior staff salaries - Statement of accounts
* Senior staff salaries - Additional information including budgets, job roles and responsibilities
* Senior staff salaries - Remuneration summary
* Workforce development data

Additional information available on our website:

* Planning applications - current and historic www.westsuffolk.gov.uk/planningapplicati...<http://www.westsuffolk.gov.uk/planningap...>

* Licensing registers - www.westsuffolk.gov.uk/licensing<http://www.westsuffolk.gov.uk/licensing>
* Waste service/bins - www.westsuffolk.gov.uk/bincollections<http://www.westsuffolk.gov.uk/bincollect...>

Please note

* we record requests for information which cannot be found in the council's available sources on our website
* we will contact you if we require clarification to process your request
* the 20 working days allowed for replying to requests does not include bank holidays
* requests for matters dealt with by the county council should be resubmitted to Suffolk County Council at www.suffolk.gov.uk<http://www.suffolk.gov.uk> eg

* roads and transport
* children, families, learning/schools
* adult social care and health
* public health in Suffolk
COVID-19
Please be aware that due to the Council's need to support local residents and businesses at this time, there may be a delay in receiving a response to your request outside the usual timeframes for responding to FOI requests. If you have a pressing need for the information please do let us know so we can assess whether we can respond more quickly to meet your needs.

Customer Services Team

Customer Services & Transformation

Families and Communities

Phone

01284 763233

Email

[email address] <mailto:>

www.westsuffolk.gov.uk<https://www.westsuffolk.gov.uk>
West Suffolk Council

#TeamWestSuffolk

Report, pay and apply online 24 hours a day<https://www.westsuffolk.gov.uk/doit/inde...>
Find my nearest for information about your area<http://maps.westsuffolk.gov.uk/>

West Suffolk Council is the Data Controller of the information you are providing. Any personal information shared by email
will be processed, protected and disposed of in accordance with the General Data Protection Regulations and Data
Protection Act 2018. In some circumstances we may need to disclose your personal details to a third party so that they
can provide a service you have requested, fulfil a request for information or because we have a legal requirement to do
so. Any information about you that we pass to a third party will be held securely by that party. For more information on
how we do this and your rights in regards to your personal information and how to access it, visit our website:
How we use your information<https://www.westsuffolk.gov.uk/privacy/h...>

******************************************************************* This email is confidential and intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error please contact the Sender. This footnote confirms that this email message has been swept for the presence of computer viruses and content security threats. WARNING: Although the Council has taken reasonable precautions to ensure no viruses are present in this email, the Council cannot accept responsibility for any loss or damage arising from the use of this email or attachments. ********************************************************-W-S-

Finance.FOI, West Suffolk Council

3 Atodiad

  • Attachment

    17202843 FOI DPA SAR Response.rtf

    5K Download View as HTML

  • Attachment

    Freedom of Information request Exercising discretion when applying to the court for a Council Tax Liability Order.txt

    3K Download View as HTML

  • Attachment

    Re Freedom of Information request Exercising discretion when applying to the court for a Council Tax Liability Order.txt

    6K Download View as HTML

I refer to your freedom of information request set out in the emails
attached and apologise for the delay in this response.

 

This response is sent on behalf of West Suffolk Council.

 

Request:

 

Please see emails attached.

Response:

Please see document attached.

 

If you are unhappy with this response you may request an internal review
of this matter via the Council’s corporate complaints procedure, the
details of which can be found at:
[1]https://customer.westsuffolk.gov.uk/Page....

 

If after an internal review, you are still unhappy with the decision, you
have a right of appeal to the Information Commissioner at the following
address:

 

 

Information Commissioner’ Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

 

Tel: 01625 545745

Fax: 01625 524510

 

 

 

 
 
 
[2]www.westsuffolk.gov.uk
West Suffolk Council
#TeamWestSuffolk

West Suffolk Council is playing its part to support our communities and
businesses during the COVID-19 outbreak. Prioritising this work may mean
other services are impacted or you may get a slower response than normal.
[3]Report, pay and apply online 24 hours a day
[4]Find my nearest for information about your area
West Suffolk Council is the Data Controller of the information you are
providing. Any personal information shared by email will be processed,
protected and disposed of in accordance with the General Data Protection
Regulations and Data Protection Act 2018. In some circumstances we may
need to disclose your personal details to a third party so that they can
provide a service you have requested, fulfil a request for information or
because we have a legal requirement to do so. Any information about you
that we pass to a third party will be held securely by that party. For
more information on how we do this and your rights in regards to your
personal information and how to access it, visit our website: [5]How we
use your information
 

 

******************************************************************* This
email is confidential and intended solely for the use of the individual to
whom it is addressed. If you are not the intended recipient, be advised
that you have received this email in error and that any use,
dissemination, forwarding, printing, or copying of this email is strictly
prohibited. If you have received this email in error please contact the
Sender. This footnote confirms that this email message has been swept for
the presence of computer viruses and content security threats. WARNING:
Although the Council has taken reasonable precautions to ensure no viruses
are present in this email, the Council cannot accept responsibility for
any loss or damage arising from the use of this email or attachments.
********************************************************-W-S-

******************************************************************* This
email is confidential and intended solely for the use of the individual to
whom it is addressed. If you are not the intended recipient, be advised
that you have received this email in error and that any use,
dissemination, forwarding, printing, or copying of this email is strictly
prohibited. If you have received this email in error please contact the
Sender. This footnote confirms that this email message has been swept for
the presence of computer viruses and content security threats. WARNING:
Although the Council has taken reasonable precautions to ensure no viruses
are present in this email, the Council cannot accept responsibility for
any loss or damage arising from the use of this email or attachments.
********************************************************-W-S-

References

Visible links
1. https://customer.westsuffolk.gov.uk/Page...
2. https://www.westsuffolk.gov.uk/
3. https://www.westsuffolk.gov.uk/doit/inde...
4. https://maps.westsuffolk.gov.uk/
5. https://www.westsuffolk.gov.uk/privacy/h...

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywHelen Barker mewngofnodwch a gadael i bawb wybod.