Charging Authority - Liabilities

Pat James made this Freedom of Information request to Powys County Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Powys County Council, further to a previous Freedom of Information request ref F2015-5427, who is the 'Authorising Officer' of the 'Charging Authority', who swears the complaint to a 'Magistrates Court' for a 'Council Tax Liability Order'.

Please confirm that each and every complaint for a Council Tax Liability Order is sworn on an individual basis, where each complaint is judged on its merit as proscribed by law.

Does the said 'Authorising Officer' take full liability in law for any errors at law regarding the swearing of such complaints to a Magistrates Court.

This is not a request for legal advice, it is a requirement to establish fact.

Yours faithfully,

Pat James

Freedom of Information Queries (CSP - Generic), Powys County Council

 
 
 
 

Rheoli Gwybodaeth/
Cyfarwyddwr Strategol: Information Compliance
Adnoddau Neuadd Y Sir / County Hall
Strategic Director: Resources Spa Road East
David Powell Llandrindod Wells
Powys LD1 5LG
If calling please ask for / Os yn galw
gofynnwch am
 
  Tel / Ffôn:  01597 827512      
  Fax / Ffacs:  01597 825663     
  Email/Llythyru electronig:
[1][Powys County Council request email]
Our ref / Ein cyf:  F2016-5540
Date / Dyddiad:   6 January 2016

 
 
Request Accepted
 
FREEDOM of INFORMATION ACT 2000
Reference No: F2016-5540
 
Dear Mr James,
 
Thank you for your request for information, received at this office on
04/01/2016, in which you requested details of the following:
 
        Charging Authority - Liabilities
 
The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.
 
Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.
 
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Some requests may also require either full or partial transference to
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The due date for responding to this request for information is 01/02/2016.
 
Should you need to discuss this further please contact the officer dealing
with your request as identified at the bottom of this email by contacting
Information Management on 01597 827512 / 7513.
 
I would like to take this opportunity to thank you for your interest in
Powys County Council.
 
Yours sincerely,
 
 
 
Information Compliance Team
 

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References

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1. mailto:[Powys County Council request email]

Freedom of Information Queries (CSP - Generic), Powys County Council

 
 
 

Rheoli Gwybodaeth/
Cyfarwyddwr Strategol: Information Compliance
Adnoddau Neuadd Y Sir / County Hall
Strategic Director: Resources Spa Road East
David Powell Llandrindod Wells
Powys LD1 5LG
If calling please ask for / Os yn galw
gofynnwch am
 
  Tel / Ffôn:  01597 827512      
  Fax / Ffacs:  01597 825663     
Email/Llythyru electronig:
[1][Powys County Council request email]
Our ref / Ein cyf:  F2016-5540
Date / Dyddiad:   1 February 2016

 
 
FREEDOM of INFORMATION ACT 2000
Reference No: F2016-5540
 
 
Dear Mr James,
 
Thank you for your request for information dated 04/01/2016 concerning
Charging Authority - Liabilities.
 
This is to inform you that your request has been considered and I can
provide the following response:
 
 
The request:
 

 1. Who is the 'Authorising Officer' of the 'Charging Authority',

A Griffiths
D Thomas
 

 2. Who swears the complaint to a 'Magistrates Court' for a 'Council Tax
Liability Order'.

As above
 

 3. Please confirm that each and every complaint for a Council Tax
Liability Order is sworn on an individual basis, where each complaint
is judged on its merit as proscribed by law.

The Authorised officer presents the evidence during the application for a
liability order as per the appropriate legislation being the (the Council
Tax Administration and Enforcement Regulations 1992) & Magistrates Court
Act 1980. 
 

 4. Does the said 'Authorising Officer' take full liability in law for any
errors at law regarding the swearing of such complaints to a
Magistrates Court.

The authorised officer, is an employee of the Council and as such acts on
behalf of the authority. The court, after hearing the evidence presented, 
and if satisfied shall make the order for which the complaint is made, or
dismiss the complaint if not satisfied to grant the order.
 
 
I trust we have met your information requirements at this time. We believe
that this request is now complete and shall be closed immediately. Should
any further information be requested regarding this topic, a separate
request will need to be submitted.
 
I would like to take this opportunity to thank you for your interest in
Powys County Council.
 
Yours sincerely,
 
Information Compliance Team
 
 
The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
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The copyright in other information may be owned by another person or
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For HMSO Guidance Notes on a range of copyright issues, see the Office of
Public Sector Information(OPSI) website.
[2]http://www.opsi.gov.uk/advice/crown-copy...
 
If you are dissatisfied with the service you have received in relation to
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Management. Our complaints procedure is available on request or on our
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If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:
 
Information Commissioner's Office
2nd floor
Churchill House
Churchill way
Cardiff
CF10 2HH
Tel: 029 2067 8400
Email: [3][email address]
[4]www.ico.org.uk
 
 

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References

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1. mailto:[Powys County Council request email]
2. http://www.opsi.gov.uk/advice/crown-copy...
3. mailto:[email address]
4. http://www.ico.org.uk/

Dear Powys County Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Powys County Council's handling of my FOI request 'Charging Authority - Liabilities'.

You have not provided answers pertainant to questions 3 and 4:

Please confirm that each and every complaint for a Council Tax
Liability Order is sworn on an individual basis, where each
complaint is judged on its merit as proscribed by law.

Does the said 'Authorising Officer' take full liability in law for
any errors at law regarding the swearing of such complaints to a
Magistrates Court.

You have merely practiced obfuscation, yet again. The questions are quite straightforward and demand explanation as they are part of lawful court process (see Halsbury's Laws of England), and Civil Procedure Rules).

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Pat James

Freedom of Information Queries (CSP - Generic), Powys County Council

Freedom of Information Act 2000

Reference No: 5540

Person Dealing: To Be Confirmed

 

Dear Mr James

 

I acknowledge receipt of your complaint regarding the Charging Authority.
I regret that you have expressed dissatisfaction in the service provided
by Powys County Council in respect of your recent request for information.
Your complaint will be referred to the most appropriate individual for
review, in accordance with the Council’s Freedom of Information Complaints
Policy.

 

Powys County Council has 20 working days in which to respond to your
request. You should expect a response by the 1^st March 2016

 

Yours Sincerely

 

Information Compliance Team

 

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Adamna left an annotation ()

This is overdue

Dear Freedom of Information Queries (CSP - Generic), I note that you have failed to provide a response within your own specified period, thus rendering your assurances as less than credible yet again.

Yours sincerely,

Pat James

ivanataylor left an annotation ()

Council Tax ex councillor questions Town and District Council

I would like to know if a complaint is actually laid before the Magistrates prior to a summons being issued by the Magistrates for non payment of Council tax?

https://www.youtube.com/watch?v=qw4I2gEt...

Dear Freedom of Information Queries (CSP - Generic), on 2 Feb you wrote:
"I acknowledge receipt of your complaint regarding the Charging Authority. I regret that you have expressed dissatisfaction in the service provided by Powys County Council in respect of your recent request for information. Your complaint will be referred to the most appropriate individual for review, in accordance with the Council’s Freedom of Information Complaints Policy.

Powys County Council has 20 working days in which to respond to your request. You should expect a response by the 1^st March 2016"

So where is the answer?

Yours sincerely,

Pat James

Dear Freedom of Information Queries (CSP - Generic), I note that yet again you have failed in your duty to the Freedom of Information Act 2000, and as a consequence, I am yet again obliged to report your conduct in these matters to the Office of the Information Commissioner.

Yours sincerely,

Pat James

Freedom of Information Queries (CSP - Generic), Powys County Council

Freedom of Information Act 2000
Request: F2016-5540

Officer Dealing: Clive Pinney, Solicitor to The Council

Date: 25th April 2016

Dear Mr James.

Further to your email of the 1st February 2016 expressing dissatisfaction with the Council’s response to your information request in relation to “The Charging Authority” then please be advised that I have now concluded my investigation into the Council’s handling of your request.

Having considered your information request, I find that the Council has not provided sufficient information to you.

The Council’s response dated 1st February 2016 was as follows

FREEDOM of INFORMATION ACT 2000
Reference No: F2016-5540

Dear Mr James,

Thank you for your request for information dated 04/01/2016 concerning Charging Authority - Liabilities.

This is to inform you that your request has been considered and I can provide the following response:

The request:

1. Who is the 'Authorising Officer' of the 'Charging Authority',
A Griffiths
D Thomas

2. Who swears the complaint to a 'Magistrates Court' for a 'Council Tax Liability Order'.
As above

3. Please confirm that each and every complaint for a Council Tax Liability Order is sworn on an individual basis, where each complaint is judged on its merit as proscribed by law.
The Authorised officer presents the evidence during the application for a liability order as per the appropriate legislation being the (the Council Tax Administration and Enforcement Regulations 1992) & Magistrates Court Act 1980.

4. Does the said 'Authorising Officer' take full liability in law for any errors at law regarding the swearing of such complaints to a Magistrates Court.
The authorised officer, is an employee of the Council and as such acts on behalf of the authority. The court, after hearing the evidence presented, and if satisfied shall make the order for which the complaint is made, or dismiss the complaint if not satisfied to grant the order.

You have asked for an Internal Review into the Council’s response into questions 3 & 4 above and I have reviewed those responses and have concluded the following:-

Response to question 3
The Council’s response is not quite as full as it ought to have been and it should have stated as follows:-
It is confirmed that each complaint with regard to a Council Tax Liability Order is ** to the Magistrates Court on an individual basis where a Court will judge the complaint based upon evidence presented and the application set out in the appropriate legislation being the Council Tax (Administration and Enforcement) Regulations 1992 and the Magistrates Court Act of 1980. There is no requirement for such complaints to be sworn under the Oaths Act 1978.

Response to question 4
I conclude that the Council’s response was incomplete and did not fully answer the question which had been posed.

The Council is vicariously liable for the negligence and/or breach of statutory duty on the part of its officers, including authorising officer including for any complaints lodged with the Magistrates Court for a Council Tax Liability Order. However, it is the Court who determines whether or not a Liability Order should be made, taking into account requirements of the Council Tax (Administrations and Enforcement) Regulations 1992 and the evidence which has been presented to the Court. A person against whom a Council Tax Liability Order has been sought has the ability to have his/her case heard at the Magistrates Court taking into account the evidence presented and the law. If the Magistrates Court make a Council Tax Liability Order as a result of an error of law, such errors can be challenged through an appeal process. For the avoidance of doubt, the authorising officers are not responsible for errors of law made by the magistrates’ court.

I trust that you will now accept that the Council has answered your FOI enquiry fully and If you believe that we have not done so you may complain to the Information Commissioners Office at the following address:-

The Information Commissioners Office
2nd Floor, Churchill House,
17 Churchill Way,
Cardiff,
CF10 2HH

Regards

Clive Pinney
Cyfreithiwr y Cyngor
Solicitor to the Council
Telephone: 01597 826746
[mobile number]
Fax: 01597 826220
Email: [email address]

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Dear Freedom of Information Queries (CSP - Generic), I note the error in your view response to question 3. The process is known as "Swearing a Complaint", rendering your assertion erroneous.
Yours sincerely,

Pat James