Council tax payment allocation in accordance with R. v Miskin Lower Justices [1953]

The request was partially successful.

Dear Newham Borough Council,

The Council makes the statement quoted below from the document link:
https://www.whatdotheyknow.com/request/4...

"We will allocate payments that do not match an instalment amount (plus or minus an additional tolerance we have built in) to the oldest debt year. "

The council's statement above does not agree with the judgment in the case of R. v Miskin Lower Justices (see below link to the judgment):

http://s000.tinyupload.com/index.php?fil...

The judgment clarifies the position in cases where a creditor has to make a decision as to which account payment should be allocated when a debtor has one account more burdensome for him than another and his payment is unspecified

Clearly the council's statement, if it were to agree with the judgment, would be.....

[[ Where the debtor does not make any reference as to where the payment should be allocated then the creditor must allocate the payment to the account which it is most beneficial to the debtor to reduce. ]]

Q. Where did the council obtain the information regarding the appropriation of payments case law which conflicts with the judgment in R. v Miskin Lower Justices [1953]?

Yours faithfully,

S Staffordson

Information Governance, Newham Borough Council

Thank you for your email.

From your response below it is unclear exactly as to what recorded information under the Freedom of Information Act you require.

It is not a valid FOI request to debate the use of wording and considering precedent which may have been set by historic legal cases.
The request and what it is asking is open to any manner of interpretation as to whether the wording constitutes a conflict with the judgement and the content is a moot point.

Please confirm if there is any recorded information you require in this matter and we would be happy to proceed.
Kind regards

Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road,  London E16 2QU
[Newham Borough Council request email]

show quoted sections

Dear Information Governance,

Where did the council obtain the advice/authority that enabled it to determine that it would be appropriate for unspecified payments to be allocated to the oldest year's account. For example the Institute of Revenues Rating and Valuation (IRRV), a lawyer, the council's monitoring officer.....

Yours sincerely,

S Staffordson

Information Governance, Newham Borough Council

REQUESTER REFERENCE: C17563
ENQUIRY REFERENCE: E33511
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 24/09/2019. We are
dealing with your request and plan to respond by 22/10/2019.

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

Dear Information Governance,

You have exceeded the time limit you set yourself by 37 days.

Yours sincerely,

S Staffordson

Information Governance, Newham Borough Council

1 Attachment

Dear Sir,

Please accept our apologies for the delay in responding to your request.
Having reviewed our system it is evident there is no record of the
response prepared being sent to you.

Please accept our apologies for this administrative error. We now attach
our response under the disclosure provisions of the Freedom of Information
Act 2000. 

If you are dissatisfied with the handling of your request, then you have
the right under Section 50 of the Act to request an internal review.  The
Information Commissioner would expect you to have given the Council the
opportunity to deal with your appeal prior to you contacting them. All
such requests must be sent to us within two months of receiving this
response and clearly state your reference number and reasons for an
internal review. You should send this by email to:
[1][Newham Borough Council request email].

Please see further guidance on the Freedom of Information Appeals page:
[2]http://www.newham.gov.uk/YourCouncil/Fre...

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:
[3][Newham Borough Council request email].

Yours sincerely,

 

Information Governance

London Borough of Newham

Newham Dockside, 1000 Dockside Road,  London E16 2QU

[4][Newham Borough Council request email]

 

References

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1. mailto:[Newham Borough Council request email]
2. http://www.newham.gov.uk/YourCouncil/Fre...
3. mailto:[Newham Borough Council request email]
4. mailto:[Newham Borough Council request email]

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 payment allocation in accordance with R. v Miskin Lower Justices [1953]'.

When a decision is made with potentially legal implications the council is required to consult the Monitoring Officer and such procedures should be formally recorded. A decision that requires setting the parameters of a council tax payment processing system to automatically allocate non-specific payments to the oldest account rather than to the in-year account is one such decision.

If the proper legal process was followed when the decision was made then there will be a record of it comprising a background outlining the relevant legal requirements and risk assessment highlighting the degree to which the council would be exposed to legal challenge if not complied with. The following is an example of the kind of assessment that should have been documented.

https://democracy.npt.gov.uk/documents/s...

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,

S Staffordson

Information Governance, Newham Borough Council

Thank you for your email.

We have now referred your request for Internal Review to be conducted in respect of our original response to your enquiry. We will respond to you further once this has been completed.

Yours sincerely,

Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road, London E16 2QU
[Newham Borough Council request email]

Dear Information Governance,

My request for a review was submitted over two months ago. Is there not a time limit in law within which a response must be provided?

Yours sincerely,

S Staffordson

Dear Newham Borough Council,

I may have contacted the Council using the wrong email address (re, 6 March 2020) as it has not been responded to.

I enquired about a response which was expected to be sent quite some time ago.

Yours faithfully,

S Staffordson