COUNCIL TAX- APPLICATION FOR COMMITMENT TO PRISON (CTAE REGS. Reg 47 and Reg.48. Number of Warrants Sought, Amount of Remission Granted

The request was partially successful.

Dear Newham Borough Council,

Please provide the following information in respect of the last 3 Applications to Commit where a person has actually been imprisoned.

1) Whether the papers filed at court included:

i) Copy of each Liability Order for (alleged) CT debt covered in the application
ii) Copy of bailiff return document for each of the CT years claimed in the application
iii) Any statement as to the availability of the service of the Duty Solicitor to the (alleged) CT debtor at court
iv) Any statement as to the availability of legal aid to the (alleged) CT debtor at court
2) Whether the papers sent to the (alleged) CT debtor included:

i) Copy of each Liability Order for (alleged) CT debt covered in the application
ii) Copy of bailiff return document for each of the CT years claimed in the application
iii) Any statement as to the availability of the service of the Duty Solicitor to the (alleged) CT debtor at court
iv) Any statement as to the availability of legal aid to the (alleged) CT debtor at court
v) Copy of summons-giving place of hearing, date and time, what application is for and whether the summons specifically says that an application is being made to obtain a Warrant for Imprisonment.
3) Please provide a copy of the “summons” or letter requiring attendance at court sent to each of the 3 persons imprisoned, with all personal information redacted.

Yours faithfully,

BERT GEISHERD

Newham Borough Council

REQUESTER REFERENCE: C15673
ENQUIRY REFERENCE: E30678
Please quote your references when contacting the Council.

Dear Sir/Madam,

Freedom of Information Act 2000

Thank you for your request for information received on 16/04/2018. We are
dealing with your request and plan to respond before 15/05/2018.

If you have any queries or concerns, please contact the Information
Governance Team on 020 8430 2000 or email us at:
[Newham Borough Council request email]

Yours Faithfully

Information Governance Team
Newham Council

Newham Council Publication Scheme is on: www.newham.gov.uk

show quoted sections

Newham Borough Council

2 Attachments

Dear Mr Geishard,

 

We attach our response under the disclosure provisions of the Freedom of
Information Act 2000.

 

If you require any further information please do not hesitate to contact a
member of our team on (020) 8430 2000 or email us at
[1][Newham Borough Council request email].

 

Alternatively, if you believe we have not dealt with your request
satisfactorily you may initially complain to us and then to the
Information Commissioner's Office. The Information Commissioner would
expect you to have given the Council the opportunity to deal with your
appeal prior to you contacting them. Please see guidance on the Freedom of
Information Appeals page:
http://www.newham.gov.uk/Pages/Services/...

 

 

As with other local authorities, the number of enquiries has increased
each year since the introduction of the Freedom of Information
legislation.  Therefore, to enable us to deal with your enquiry more
efficiently, we have introduced an online form.  We would ask that you
submit all future requests via our online form:

https://aforms.newham.gov.uk/default.asp...

 

In addition, you may find it useful to access the following link, where
you can view our Publication Scheme, a list of previous requests and
responses and/or use our E-Form should you wish to make further requests:

http://www.newham.gov.uk/Pages/ServiceCh...

 

Yours sincerely,

 

 

Information Governance

London Borough of Newham

Newham Dockside, 1000 Dockside Road,  London E16 2QU

[Newham Borough Council request email]

 

show quoted sections

Dear Newham Borough Council,
Thank you for the time and trouble you have taken on this. Much appreciated.

Yours faithfully,

BERT GEISHERD

Dear Newham Borough Council,

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

I am writing to request an internal review of Newham Borough Council's handling of my FOI request 'COUNCIL TAX- APPLICATION FOR COMMITMENT TO PRISON (CTAE REGS. Reg 47 and Reg.48. Number of Warrants Sought, Amount of Remission Granted'.
You have provided redacted copies of two types of documents: a "Means Form" and some sort of pre-action warning letter. Might I ask for a copy of your standard Application to Commit summons,as requested? The warning letter provided is not a summons.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

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,

BERT GEISHERD

Newham Borough Council

Good Afternoon
Thank you for your email.

Your original request asked for a copy of the “summons” OR letter requiring attendance at court.

The attached redacted documents are letters requiring attendance at court (albeit with the date redacted under Section 40 (2) of the FOI Act) and we included the means form as this accompanies the letter to hand in to the court upon attendance to determine as to whether any final arrangement may be made prior to imprisonment.

Could you please clarify further as the documents comply with your original request which included letter correspondence.

Kind regards

Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road, London E16 2QU

show quoted sections

Dear Newham Borough Council,

Thank you for your fully justified query,as to my poor terminology. Some local authorities take people to court under CTAE Reg.47-48-Application to Commit, where ,as usual with magistrates courts, the applicant is authorised to issue their own form of summons. Some do this by a "standard" summons- time,place,matter before the court-but others do not. I had assumed that LB Newham would do one or the other. It seems you may do both.
Thank you for clarifying that the documents supplied are the warning letter-as this gives details of time,date,attendance at court, then it COULD be taken as being the summons itself. If you have a template summons, in addition to a standard warning letter, then a copy of that would be welcome. Please regard this as a new FOI request if it causes any administrative complications.
Please rest assured that there is no question of any impropriety by LB Newham at any point. The information is wanted for comparisons to show up a glitch elsewhere in the CT system. Thank you for your time and trouble once more.

Best wishes
AFG

Yours faithfully,

BERT GEISHERD

Newham Borough Council

2 Attachments

Good Afternoon
Thank you for your further email.
Please find attached the blank summons document and explanatory notes which we hope will meet your requirements.
Kind regards

Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road, London E16 2QU

show quoted sections

Dear Newham Borough Council,
Thank you for your response. Unfortunately, you have enclosed copies of your standard summons for application for CT Liability Order, not the application/summons required under Regs. 47 and 48 of CTAE Regs. 1992. Would you please provide what was asked for- the document sent out to a CT (alleged) debtor requring that person to attend a specific court at a specific address at a specific time on a specific day to answer an application for the issue by Justices of a warrant cto commit that person(s) to prison for a term of imprisonment not exceeding 90 days.
You have previously supplied a warning "pre-action" letter. Is this what you send out out instead of a more regular summons? Easily answered Yes or No on that. look forward to your immediate response.

Yours faithfully,

BERT GEISHERD

Newham Borough Council

Good Afternoon
Thank you for your email.
The form of letter originally forwarded to you as our response expressly states with reference to Regs 47 and 48 and this is not pre-action as it does expressly include the specific date for attendance at court.
We do not hold any further form of summons other than the standard format sent to you in our last exchange.
We trust this now clarifies the matter.
Kind regards

Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road, London E16 2QU

show quoted sections

Dear Newham Borough Council,

Thank you for your response. I appreciate your efforts but I fear we may be at some level of cross-purposes-due,no doubt, to my inherent lack of coherent use of language.
I regret I must ask the following question for clarification:

i) Do you send out a specific summons on Application to Commit AS WELL AS THE PRE-ACTION LETTER?
OR
2) Does the pre-action letter serve as the summons AS WELL- in that it gives time and place of application.

It may well be that you use a "standard" summons form,as used gazillions of times each and every year for Liability Order application, but can you clarify whether this layout is the same as used for Application to Commit. I am sorry to ask but the responses so far leave a deal of wriggle-room and doubt.
This should be the final request for clarification

Thanking you again

Yours faithfully,

BERT GEISHERD

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org