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

The request was partially successful.

Dear Maidstone Borough Council,

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

"MBC's computerised accounting system is set up to recognise Council Tax payments due per any payment schedule either created when a new bill is sent or when such is agreed and confirmed in writing to the liable party. All other payments received onto any Council Tax account will then reduce the oldest debt first. Whilst we retain the ability to re-allocate any payments made, it is the responsibility of the liable party to advise if this is necessary."

The 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

Complaints & FOI (MBC), Maidstone Borough Council

Date: 18/09/19
 
 
Dear S Staffordson
 
FREEDOM OF INFORMATION ACT REQUEST
 
Ref: FOI/614
 
Thank you for your request for information. We will have a response ready
for you within 20 working days of the date you made your request.
 
After considering your request, we may decide to refuse to supply the
information under a number of exemptions that exist in legislation. For
details of these exemptions, please visit the Information Commissioner’s
website:
[1]https://ico.org.uk/for-organisations/gui...
 
If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.
 
Yours sincerely
 
FOI Team
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
t 01622 602640 w [2]www.maidstone.gov.uk
 
 
-----Original Message-----
From: S Staffordson <[FOI #603455 email]>
Sent: 12 September 2019 17:40
To: Complaints & FOI (MBC) <[Maidstone Borough Council request email]>
Subject: Freedom of Information request - Council tax payment allocation
in accordance with R. v Miskin Lower Justices [1953]
 
Dear Maidstone Borough Council,
 
The Council makes the statement quoted below from the document link:
[3]https://www.whatdotheyknow.com/request/4...
 
"MBC's computerised accounting system is set up to recognise Council Tax
payments due per any payment schedule either created when a new bill is
sent or when such is agreed and confirmed in writing to the liable party.
All other payments received onto any Council Tax account will then reduce
the oldest debt first. Whilst we retain the ability to re-allocate any
payments made, it is the responsibility of the liable party to advise if
this is necessary."
 
The above does not agree with the judgment in the case of R. v Miskin
Lower Justices (see below link to the judgment):
 
[4]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
 
-------------------------------------------------------------------
 
Please use this email address for all replies to this request:
[5][FOI #603455 email]
 
Is [6][Maidstone Borough Council request email] the wrong address for Freedom of
Information requests to Maidstone Borough Council? If so, please contact
us using this form:
[7]https://www.whatdotheyknow.com/change_re...
 
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://www.whatdotheyknow.com/help/offi...
 
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[9]https://www.whatdotheyknow.com/help/ico-...
 
Please note that in some cases publication of requests and responses will
be delayed.
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
 
-------------------------------------------------------------------
 

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. https://ico.org.uk/for-organisations/gui...
2. http://www.maidstone.gov.uk/
3. https://www.whatdotheyknow.com/request/4...
4. http://s000.tinyupload.com/index.php?fil...
5. mailto:[FOI #603455 email]
6. mailto:[Maidstone Borough Council request email]
7. https://www.whatdotheyknow.com/change_re...
8. https://www.whatdotheyknow.com/help/offi...
9. https://www.whatdotheyknow.com/help/ico-...

hide quoted sections

Complaints & FOI (MBC), Maidstone Borough Council

Date: 09/10/2019

Ref:   FOI/614

 

Dear S Staffordson

 

FREEDOM OF INFORMATION ACT REQUEST

 

You wrote to us requesting information on council tax payment allocations.

 

Under Section 42 of the Freedom of Information Act, information in respect
of which a claim to legal professional privilege (LLP) could be maintained
in legal proceedings is exempt information. The information requested
relates to a matter that is subject to ongoing litigation. The client’s
ability to speak freely and frankly with his or her legal adviser in order
to obtain appropriate legal advice is a fundamental requirement of the
English legal system. The concept of LPP protects the confidentiality of
communications between a lawyer and client. This helps to ensure complete
fairness in legal proceedings.

 

In considering the public interest test, we consider that the public
interest in maintaining the exemption outweighs the public interest in
disclosure. We recognise that there is strong public interest in
safeguarding openness and transparency in all communications between
client and lawyer. However, we feel that there is greater interest in
maintaining the exemption due to the importance of ensuring frankness
between lawyer and client which goes to serve the wider administration of
justice. The interest in maintaining the exemption is particularly strong
because the matter is being dealt with in live legal proceedings.

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent
ME15 6JQ

t []01622 602640 w [1]www.maidstone.gov.uk

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Dear Complaints & FOI (MBC),

Please review this because if as you say the information requested relates to a matter that is subject to ongoing litigation then it is of public importance and the kind of information that would be in the public interest. Hence, in considering the public interest test, disclosure would clearly outweigh the public interest in maintaining the exemption.

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

Date: 14/10/19
Ref: FOI/614

Dear S Staffordson

Thank you for your request for an internal review. I have passed this on to Mid Kent Legal Services to review your request and the response. You will receive a response within 20 working days.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. https://ico.org.uk/

Yours sincerely,

Complaints & FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

-----Original Message-----
From: S Staffordson <[FOI #603455 email]>
Sent: 13 October 2019 17:46
To: Complaints & FOI (MBC) <[Maidstone Borough Council request email]>
Subject: Re: FOI/614 Section 42 Refusal

Dear Complaints & FOI (MBC),

Please review this because if as you say the information requested relates to a matter that is subject to ongoing litigation then it is of public importance and the kind of information that would be in the public interest. Hence, in considering the public interest test, disclosure would clearly outweigh the public interest in maintaining the exemption.

Yours sincerely,

S Staffordson

-----Original Message-----

Date: 09/10/2019

Ref:   FOI/614

 

Dear S Staffordson

 

FREEDOM OF INFORMATION ACT REQUEST

 

You wrote to us requesting information on council tax payment allocations.

 

Under Section 42 of the Freedom of Information Act, information in respect of which a claim to legal professional privilege (LLP) could be maintained in legal proceedings is exempt information. The information requested relates to a matter that is subject to ongoing litigation. The client’s ability to speak freely and frankly with his or her legal adviser in order to obtain appropriate legal advice is a fundamental requirement of the English legal system. The concept of LPP protects the confidentiality of communications between a lawyer and client. This helps to ensure complete fairness in legal proceedings.

 

In considering the public interest test, we consider that the public interest in maintaining the exemption outweighs the public interest in disclosure. We recognise that there is strong public interest in safeguarding openness and transparency in all communications between client and lawyer. However, we feel that there is greater interest in maintaining the exemption due to the importance of ensuring frankness between lawyer and client which goes to serve the wider administration of justice. The interest in maintaining the exemption is particularly strong because the matter is being dealt with in live legal proceedings.

 

If you have any queries about this letter, please contact me. Please remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your request and wish to request a review of our decision, please respond to this email and I will pass it on to Mid Kent Legal Services to conduct a review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council.  The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent
ME15 6JQ

t []01622 602640 w [1]www.maidstone.gov.uk

To access our digital services please visit www.maidstone.gov.uk/service Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #603455 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

hide quoted sections

Dear Complaints & FOI (MBC),

Thanks, I look forward to your response.

Yours sincerely,

S Staffordson

Gary Rowland,

Dear S Staffordson

 

Review of FOI Request #614 (Maidstone Borough Council)

 

I have considered your request for review, dated 13 October 2019, of your
original request received on 12 September 2019.

 

Your request for review stated:

 

Please review this because if as you say the information requested relates
to a matter that is subject to ongoing litigation then it is of public
importance and the kind of information that would be in the public
interest. Hence, in considering the public interest test, disclosure would
clearly outweigh the public interest in maintaining the exemption.

 

Your initial request asked for the following information:

 

The Council makes the statement quoted below from the document link:

[1]https://www.whatdotheyknow.com/request/4...

 

"MBC's computerised accounting system is set up to recognise Council Tax
payments due per any payment schedule either created when a new bill is
sent or when such is agreed and confirmed in writing to the liable party.
All other payments received onto any Council Tax account will then reduce
the oldest debt first. Whilst we retain the ability to re-allocate any
payments made, it is the responsibility of the liable party to advise if
this is necessary."

 

The 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]?

 

The Council issued the following response on 9 October 2019:

 

Under Section 42 of the Freedom of Information Act, information in respect
of which a claim to legal professional privilege (LLP) could be maintained
in legal proceedings is exempt information. The information requested
relates to a matter that is subject to ongoing litigation.

 

The client’s ability to speak freely and frankly with his or her legal
adviser in order to obtain appropriate legal advice is a fundamental
requirement of the English legal system.

 

The concept of LPP protects the confidentiality of communications between
a lawyer and client. This helps to ensure complete fairness in legal
proceedings.

 

In considering the public interest test, we consider that the public
interest in maintaining the exemption outweighs the public interest in
disclosure. We recognise that there is strong public interest in
safeguarding openness and transparency in all communications between
client and lawyer. However, we feel that there is greater interest in
maintaining the exemption due to the importance of ensuring frankness
between lawyer and client which goes to serve the wider administration of
justice. The interest in maintaining the exemption is particularly strong
because the matter is being dealt with in live legal proceedings.

 

Response

 

Having concluded my review, I uphold the decision that was taken by the
Council to withhold the information requested. 

 

Whilst I take on board your comment that disclosure would clearly outweigh
the public interest in maintaining the exemption, I am afraid I do not
agree.  The Information Commissioner’s Office guidance states that
safeguarding openness in all communications between client and lawyer to
ensure access to full and frank legal advice, is fundamental to the
administration of justice. 

 

Whilst I appreciate that there is always a presumption of disclosure and
the importance of demonstrating transparency, the fact that the matter is
being dealt with in live proceedings adds additional weight to the concept
of ensuring access to legal advice without the loss of legal privilege. 
It is for this reason that I believe the public interest in withholding
the information outweighs the public interest in disclosure.

 

Should you remain dissatisfied you can appeal against the decision by
contacting the Information Commissioner, FOI Compliance Team (complaints),
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Kind regards

 

 

Gary Rowland

Lawyer (GCILEx) - Corporate Governance

Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough
Councils

Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10
3HT

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ

Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells,
TN1 1RS

Tel: (01622) 602276   Email: [2][email address]

[3]www.swale.gov.uk     
[4]www.maidstone.gov.uk       [5]www.tunbridgewells.gov.uk

 

The contents of this e-mail, together with any attachments, may be
confidential or subject to legal professional privilege.  It should not be
shared with anyone without first consulting Mid Kent Legal Services. 

If you are not the intended recipient, please do not forward this email or
the attachments to anybody.  Please notify the sender and delete all
copies of this email from your system.

 

 

References

Visible links
1. https://www.whatdotheyknow.com/request/4...
2. mailto:[email address]
3. http://www.swale.gov.uk/
4. http://www.maidstone.gov.uk/
5. http://www.tunbridgewells.gov.uk/

Dear Gary Rowland,

I don't accept you review response because the reason for considering the information exempt is hardly related to the request. It appears to me that the council is just exploiting a tenuous link to associate the s 42 exemption, thus allowing it to circumvent the Freedom of Information Act.

However, none of this would prevent the council informing the public about the matter that is subject to ongoing litigation, so I would appreciate if those details were released.

Yours sincerely,

S Staffordson

Gary Rowland,

Dear Mr Staffordson

Having carried out my review I can only advise that you submit an appeal to the ICO, should you remain dissatisfied with both my and the Council's responses.

Kind regards

Gary Rowland
Lawyer (GCILEx) - Corporate Governance
Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough Councils
Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10 3HT
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent ME15 6JQ
Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells, TN1 1RS
Tel: (01622) 602276   Email: [email address]
www.swale.gov.uk      www.maidstone.gov.uk       www.tunbridgewells.gov.uk

The contents of this e-mail, together with any attachments, may be confidential or subject to legal professional privilege.  It should not be shared with anyone without first consulting Mid Kent Legal Services. 
If you are not the intended recipient, please do not forward this email or the attachments to anybody.  Please notify the sender and delete all copies of this email from your system.

-----Original Message-----
From: S Staffordson [mailto:[FOI #603455 email]]
Sent: 15 November 2019 14:37
To: Gary Rowland
Subject: Re: Review of FOI Request #614 (Maidstone Borough Council)

Dear Gary Rowland,

I don't accept you review response because the reason for considering the information exempt is hardly related to the request. It appears to me that the council is just exploiting a tenuous link to associate the s 42 exemption, thus allowing it to circumvent the Freedom of Information Act.

However, none of this would prevent the council informing the public about the matter that is subject to ongoing litigation, so I would appreciate if those details were released.

Yours sincerely,

S Staffordson

-----Original Message-----

Dear S Staffordson

 

Review of FOI Request #614 (Maidstone Borough Council)

 

I have considered your request for review, dated 13 October 2019, of your
original request received on 12 September 2019.

 

Your request for review stated:

 

Please review this because if as you say the information requested relates
to a matter that is subject to ongoing litigation then it is of public
importance and the kind of information that would be in the public
interest. Hence, in considering the public interest test, disclosure would
clearly outweigh the public interest in maintaining the exemption.

 

Your initial request asked for the following information:

 

The Council makes the statement quoted below from the document link:

[1]https://www.whatdotheyknow.com/request/4...

 

"MBC's computerised accounting system is set up to recognise Council Tax
payments due per any payment schedule either created when a new bill is
sent or when such is agreed and confirmed in writing to the liable party.
All other payments received onto any Council Tax account will then reduce
the oldest debt first. Whilst we retain the ability to re-allocate any
payments made, it is the responsibility of the liable party to advise if
this is necessary."

 

The 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]?

 

The Council issued the following response on 9 October 2019:

 

Under Section 42 of the Freedom of Information Act, information in respect
of which a claim to legal professional privilege (LLP) could be maintained
in legal proceedings is exempt information. The information requested
relates to a matter that is subject to ongoing litigation.

 

The client’s ability to speak freely and frankly with his or her legal
adviser in order to obtain appropriate legal advice is a fundamental
requirement of the English legal system.

 

The concept of LPP protects the confidentiality of communications between
a lawyer and client. This helps to ensure complete fairness in legal
proceedings.

 

In considering the public interest test, we consider that the public
interest in maintaining the exemption outweighs the public interest in
disclosure. We recognise that there is strong public interest in
safeguarding openness and transparency in all communications between
client and lawyer. However, we feel that there is greater interest in
maintaining the exemption due to the importance of ensuring frankness
between lawyer and client which goes to serve the wider administration of
justice. The interest in maintaining the exemption is particularly strong
because the matter is being dealt with in live legal proceedings.

 

Response

 

Having concluded my review, I uphold the decision that was taken by the
Council to withhold the information requested. 

 

Whilst I take on board your comment that disclosure would clearly outweigh
the public interest in maintaining the exemption, I am afraid I do not
agree.  The Information Commissioner’s Office guidance states that
safeguarding openness in all communications between client and lawyer to
ensure access to full and frank legal advice, is fundamental to the
administration of justice. 

 

Whilst I appreciate that there is always a presumption of disclosure and
the importance of demonstrating transparency, the fact that the matter is
being dealt with in live proceedings adds additional weight to the concept
of ensuring access to legal advice without the loss of legal privilege. 
It is for this reason that I believe the public interest in withholding
the information outweighs the public interest in disclosure.

 

Should you remain dissatisfied you can appeal against the decision by
contacting the Information Commissioner, FOI Compliance Team (complaints),
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Kind regards

 

 

Gary Rowland

Lawyer (GCILEx) - Corporate Governance

Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough
Councils

Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10
3HT

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ

Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells,
TN1 1RS

Tel: (01622) 602276   Email: [2][email address]

[3]www.swale.gov.uk     
[4]www.maidstone.gov.uk       [5]www.tunbridgewells.gov.uk

 

The contents of this e-mail, together with any attachments, may be
confidential or subject to legal professional privilege.  It should not be
shared with anyone without first consulting Mid Kent Legal Services. 

If you are not the intended recipient, please do not forward this email or
the attachments to anybody.  Please notify the sender and delete all
copies of this email from your system.

 

 

References

Visible links
1. https://www.whatdotheyknow.com/request/4...
2. mailto:[email address]
3. http://www.swale.gov.uk/
4. http://www.maidstone.gov.uk/
5. http://www.tunbridgewells.gov.uk/

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #603455 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

hide quoted sections

Dear Gary Rowland,

I think you misunderstood my previous email. I will submit an appeal to the ICO if I decide I have reasonable grounds to challenge your response. Whether or not I do doesn't alter the fact that I don't accept it.

More importantly you have overlooked the new request that was contained in that email:

"However, none of this would prevent the council informing the public about the matter that is subject to ongoing litigation, so I would appreciate if those details were released."

Yours sincerely,

S Staffordson

Gary Rowland,

Dear Mr Staffordson

I appreciate that it is entirely your decision as to whether or not you wish to submit an appeal to the ICO and whilst I understand that you do not accept my response, I am afraid that my response remains the same. This being the case, I can only advise that your next step would be to appeal to the ICO, should you decide you have reasonable grounds to do so.

You state in your new request that "none of this would prevent the Council informing the public about the matter that is subject to ongoing litigation and that you would appreciate it if those details were released". The Council's initial response sets out exactly why a matter that is subject to ongoing litigation is exempt from disclosure and as such, the Council will not be releasing the information requested.

Kind regards

Gary Rowland
Lawyer (GCILEx) - Corporate Governance
Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough Councils
Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10 3HT
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent ME15 6JQ
Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells, TN1 1RS
Tel: (01622) 602276   Email: [email address]
www.swale.gov.uk      www.maidstone.gov.uk       www.tunbridgewells.gov.uk

The contents of this e-mail, together with any attachments, may be confidential or subject to legal professional privilege.  It should not be shared with anyone without first consulting Mid Kent Legal Services. 
If you are not the intended recipient, please do not forward this email or the attachments to anybody.  Please notify the sender and delete all copies of this email from your system.

-----Original Message-----
From: S Staffordson [mailto:[FOI #603455 email]]
Sent: 16 November 2019 07:53
To: Gary Rowland
Subject: RE: Review of FOI Request #614 (Maidstone Borough Council)

Dear Gary Rowland,

I think you misunderstood my previous email. I will submit an appeal to the ICO if I decide I have reasonable grounds to challenge your response. Whether or not I do doesn't alter the fact that I don't accept it.

More importantly you have overlooked the new request that was contained in that email:

"However, none of this would prevent the council informing the public about the matter that is subject to ongoing litigation, so I would appreciate if those details were released."

Yours sincerely,

S Staffordson

-----Original Message-----

Dear Mr Staffordson

Having carried out my review I can only advise that you submit an appeal to the ICO, should you remain dissatisfied with both my and the Council's responses.

Kind regards

Gary Rowland
Lawyer (GCILEx) - Corporate Governance
Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough Councils
Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10 3HT
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent ME15 6JQ
Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells, TN1 1RS
Tel: (01622) 602276   Email: [email address]
www.swale.gov.uk      www.maidstone.gov.uk       www.tunbridgewells.gov.uk

The contents of this e-mail, together with any attachments, may be confidential or subject to legal professional privilege.  It should not be shared with anyone without first consulting Mid Kent Legal Services. 
If you are not the intended recipient, please do not forward this email or the attachments to anybody.  Please notify the sender and delete all copies of this email from your system.

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #603455 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

hide quoted sections

Dear Gary Rowland,

There are now two separate requests and consequently there should be two reference numbers. I have the reference for the original request (Ref: FOI/614) but awaiting one for the second. Regarding the second request I am at a stage where I am eligible to ask for a review of the council's decision.

It is the council's opinion that the same exemption applies to the second request for the same seasons. Although the reasons provided for the exemption were inadequately explained, it is assumed that the information asked for (i.e. from what source had the council obtained legal advice concerning the appropriation of payments) specifically triggered the exemption, but this has nothing to do with the information asked for in the subsequent request.

Because what the council has stated regarding ongoing litigation I assume that someone has been adversely affected by the way their Council Tax payments have been allocated. It is likely that hundreds of thousands of householders will potentially have been affected to their detriment (to varying degrees) in the way payments have been allocated by their billing authorities and it is in the public interest that the information requested is disclosed.

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

Dear S Staffordson

 

I am emailing to confirm that we do not currently have any open FOIs or
FOI reviews for you.

 

Gary Rowland sent you his review response for FOI/614 on 29 October 2019.
In your email of 15 November 2019, you stated “However, none of this would
prevent the council informing the public about the matter that is subject
to ongoing litigation, so I would appreciate if those details were
released” – I understand you want us to consider this as a new request. We
cannot accept this as a new request because you are still requesting the
same information as you requested in FOI/614, which we have already
provided our response to and which has already been reviewed.

 

If you remain unhappy with the way the Council and Mid Kent Legal Services
have handled FOI/614, I advise you to appeal directly to the Information
Commissioner.  The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

 

Yours sincerely

 

FOI Team

Policy & Information Team

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ

e [1][email address] w [2]www.maidstone.gov.uk

 

 

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. mailto:[email address]
2. http://www.maidstone.gov.uk/

Dear Complaints & FOI (MBC),

I am not requesting the same information as I requested in FOI/614, I am requesting different information as was clear from my previous correspondence.

Do you require me to try and explain the difference again?

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

Dear S Staffordson
 
If you'd like us to log a new FOI request, please reply to this email
explaining clearly what information you are now seeking.
 
If the information is different to what you requested in FOI/614, we will
log a new request and provide you with a new reference number.
 
Yours sincerely
 
FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [1][email address] w [2]www.maidstone.gov.uk
 
 
 
 
-----Original Message-----
From: S Staffordson <[FOI #603455 email]>
Sent: 19 November 2019 10:42
To: Complaints & FOI (MBC) <[Maidstone Borough Council request email]>
Subject: Re: FOI/614
 
Dear Complaints & FOI (MBC),
 
I am not requesting the same information as I requested in FOI/614, I am
requesting different information as was clear from my previous
correspondence.
 
Do you require me to try and explain the difference again?
 
Yours sincerely,
 
S Staffordson
 
-----Original Message-----
 
Dear S Staffordson
 
 
 
I am emailing to confirm that we do not currently have any open FOIs or 
FOI reviews for you.
 
 
 
Gary Rowland sent you his review response for FOI/614 on 29 October 2019.
In your email of 15 November 2019, you stated “However, none of this
would  prevent the council informing the public about the matter that is
subject  to ongoing litigation, so I would appreciate if those details
were  released” – I understand you want us to consider this as a new
request. We  cannot accept this as a new request because you are still
requesting the  same information as you requested in FOI/614, which we
have already  provided our response to and which has already been
reviewed.
 
 
 
If you remain unhappy with the way the Council and Mid Kent Legal
Services  have handled FOI/614, I advise you to appeal directly to the
Information  Commissioner.  The Information Commissioner can be contacted
at: The  Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow,  Cheshire SK9 5AF.
 
 
 
Yours sincerely
 
 
 
FOI Team
 
Policy & Information Team
 
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
 
e [1][email address] w [2][3]www.maidstone.gov.uk
 
 
 
 
 
To access our digital services please visit
[4]www.maidstone.gov.uk/service Sign up to receive your Council Tax bill
by email [5]http://www.maidstone.gov.uk/emailbilling
 
We understand the importance of ensuring that personal data, including
sensitive personal data is always treated lawfully and appropriately and
that the rights of individuals are upheld.
 
We are required to collect, use and hold personal data about individuals.
Data is required for the purposes of carrying out our statutory
obligations, delivering services and meeting the needs of individuals that
we deal with. This includes current, past and prospective employees,
service users, members of the public, Members of the Council, our business
partners and other local authorities or public bodies.
 
To view our full statement to see how your data will be stored and
processed please visit [6]https://maidstone.gov.uk/dataprotection
 
This email is confidential. If you receive it by mistake, please advise
the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless
stated otherwise, any opinions are personal and cannot be attributed to
Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an
order.
It is your responsibility to carry out Virus checks before opening any
attachments.
 
References
 
Visible links
1. [7]mailto:[email address]
2. [8]http://www.maidstone.gov.uk/
 
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[9][FOI #603455 email]
 
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[10]https://www.whatdotheyknow.com/help/offi...
 
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[11]https://www.whatdotheyknow.com/help/ico-...
 
Please note that in some cases publication of requests and responses will
be delayed.
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
-------------------------------------------------------------------
 

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. mailto:[email address]
2. http://www.maidstone.gov.uk/
3. http://www.maidstone.gov.uk/
4. http://www.maidstone.gov.uk/service
5. http://www.maidstone.gov.uk/emailbilling
6. https://maidstone.gov.uk/dataprotection
7. mailto:[email
8. http://www.maidstone.gov.uk/
9. mailto:[FOI #603455 email]
10. https://www.whatdotheyknow.com/help/offi...
11. https://www.whatdotheyknow.com/help/ico-...

hide quoted sections

Dear Complaints & FOI (MBC),

With reference to the matter that is subject to ongoing litigation, implied by the Council to relate to confidential legal advice about the appropriation of Council Tax payments, please disclose if any is relevant, the following information:

a) brief description of the matter under challenge
b) in which court are proceedings ongoing (County, High Court etc.)
c) case reference numbers
d) details of the appeal/claim type (for example case stated, judicial review, etc.)
e) any other information in the public interest that I have not included in the above.

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

Date: 19/11/19
 
 
Dear S Staffordson
 
FREEDOM OF INFORMATION ACT REQUEST
 
Ref: FOI/1047
 
Thank you for your request for information. We will have a response ready
for you within 20 working days of the date you made your request.
 
After considering your request, we may decide to refuse to supply the
information under a number of exemptions that exist in legislation. For
details of these exemptions, please visit the Information Commissioner’s
website:
[1]https://ico.org.uk/for-organisations/gui...
 
If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.
 
Yours sincerely
 
FOI Team
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
t 01622 602640 w [2]www.maidstone.gov.uk
 
 
 
-----Original Message-----
From: S Staffordson <[FOI #603455 email]>
Sent: 19 November 2019 13:55
To: Complaints & FOI (MBC) <[Maidstone Borough Council request email]>
Subject: RE: FOI/614
 
Dear Complaints & FOI (MBC),
 
With reference to the matter that is subject to ongoing litigation,
implied by the Council to relate to confidential legal advice about the
appropriation of Council Tax payments, please disclose if any is relevant,
the following information:
 
a) brief description of the matter under challenge
b) in which court are proceedings ongoing (County, High Court etc.)
c) case reference numbers
d) details of the appeal/claim type (for example case stated, judicial
review, etc.)
e) any other information in the public interest that I have not included
in the above.
 
Yours sincerely,
 
S Staffordson
 
-----Original Message-----
 
Dear S Staffordson
 
If you'd like us to log a new FOI request, please reply to this email 
explaining clearly what information you are now seeking.
 
If the information is different to what you requested in FOI/614, we will 
log a new request and provide you with a new reference number.
 
Yours sincerely
 
FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ  e
[1][email address] w [2][3]www.maidstone.gov.uk
 
 
 
 
 
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #603455 email]
 
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://www.whatdotheyknow.com/help/offi...
 
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[6]https://www.whatdotheyknow.com/help/ico-...
 
Please note that in some cases publication of requests and responses will
be delayed.
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
-------------------------------------------------------------------
 
 

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. https://ico.org.uk/for-organisations/gui...
2. http://www.maidstone.gov.uk/
3. http://www.maidstone.gov.uk/
4. mailto:[FOI #603455 email]
5. https://www.whatdotheyknow.com/help/offi...
6. https://www.whatdotheyknow.com/help/ico-...

hide quoted sections

Complaints & FOI (MBC), Maidstone Borough Council

Date: 20/11/2019

Ref:   FOI/1047

 

Dear S Staffordson

 

FREEDOM OF INFORMATION ACT REQUEST

 

You wrote to us requesting the following information:

 

With reference to the matter that is subject to ongoing litigation,
implied by the Council to relate to confidential legal advice about the
appropriation of Council Tax payments, please disclose if any is relevant,
the following information:

 

a) brief description of the matter under challenge

 

b) in which court are proceedings ongoing (County, High Court etc.)

 

c) case reference numbers

 

d) details of the appeal/claim type (for example case stated, judicial
review, etc.)

 

e) any other information in the public interest that I have not included
in the above

 

Our response is as follows:

 

a) Enforcement for unpaid Council Tax.

 

b) Maidstone Borough Council brings proceedings for Council Tax
enforcement before the Magistrates Court and County Court as appropriate.

 

c-e) Under Section 31(1)(c) of the Act, I am not required to provide
information if its disclosure would, or would be likely to, prejudice the
administration of justice. We consider that disclosing information on
ongoing litigation would be likely to prejudice the administration of
justice because disclosing this information could influence or undermine
these proceedings.

 

In considering the public interest test, we consider that the public
interest is greater for maintaining the exemption than it is for
disclosure of the information. While we recognise that there is public
interest in transparency, we consider that there is strong public interest
in maintaining confidentially with regard to ongoing litigation, as it is
important for the public’s safety and trust in the justice system that the
courts continue to have a private thinking space and the ability to
enforce the law.

 

Once the ongoing litigation has concluded, you can request the information
you are seeking from the court.

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent
ME15 6JQ

t []01622 602640 w [1]www.maidstone.gov.uk

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Dear Maidstone Borough Council,

Ref: FOI/1047

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

I am writing to request an internal review of Maidstone Borough Council's handling of my FOI request 'Council tax payment allocation in accordance with R. v Miskin Lower Justices [1953]' (ongoing litigation).

You have stated the following:

"Once the ongoing litigation has concluded, you can request the information you are seeking from the court."

Without the information requested how will I be able to do as you suggest?

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

Complaints & FOI (MBC), Maidstone Borough Council

Date: 03/01/20
Ref: FOI/1047
 
 
Dear S Staffordson
 
Thank you for your request for an internal review. I have passed this on
to Mid Kent Legal Services to review your request and the response. You
will receive a response within 20 working days.
 
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF. [1]https://ico.org.uk/
 
Yours sincerely,
 
Complaints & FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [2][email address] w [3]www.maidstone.gov.uk
 
 
 
-----Original Message-----
From: S Staffordson <[FOI #603455 email]>
Sent: 02 January 2020 10:11
To: Complaints & FOI (MBC) <[Maidstone Borough Council request email]>
Subject: Re: FOI/1047 Response
 
Dear Maidstone Borough Council,
 
Ref: FOI/1047
 
Please pass this on to the person who conducts Freedom of Information
reviews.
 
I am writing to request an internal review of Maidstone Borough Council's
handling of my FOI request 'Council tax payment allocation in accordance
with R. v Miskin Lower Justices [1953]' (ongoing litigation).
 
You have stated the following:
 
"Once the ongoing litigation has concluded, you can request the
information you are seeking from the court."
 
Without the information requested how will I be able to do as you suggest?
 
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[4]https://www.whatdotheyknow.com/request/c...
 
Yours faithfully,
 
S Staffordson
 
-----Original Message-----
 
Date: 20/11/2019
 
Ref:   FOI/1047
 
 
 
Dear S Staffordson
 
 
 
FREEDOM OF INFORMATION ACT REQUEST
 
 
 
You wrote to us requesting the following information:
 
 
 
With reference to the matter that is subject to ongoing litigation, 
implied by the Council to relate to confidential legal advice about the 
appropriation of Council Tax payments, please disclose if any is
relevant,  the following information:
 
 
 
a) brief description of the matter under challenge
 
 
 
b) in which court are proceedings ongoing (County, High Court etc.)
 
 
 
c) case reference numbers
 
 
 
d) details of the appeal/claim type (for example case stated, judicial 
review, etc.)
 
 
 
e) any other information in the public interest that I have not included 
in the above
 
 
 
Our response is as follows:
 
 
 
a) Enforcement for unpaid Council Tax.
 
 
 
b) Maidstone Borough Council brings proceedings for Council Tax 
enforcement before the Magistrates Court and County Court as appropriate.
 
 
 
c-e) Under Section 31(1)(c) of the Act, I am not required to provide 
information if its disclosure would, or would be likely to, prejudice the 
administration of justice. We consider that disclosing information on 
ongoing litigation would be likely to prejudice the administration of 
justice because disclosing this information could influence or undermine 
these proceedings.
 
 
 
In considering the public interest test, we consider that the public 
interest is greater for maintaining the exemption than it is for 
disclosure of the information. While we recognise that there is public 
interest in transparency, we consider that there is strong public
interest  in maintaining confidentially with regard to ongoing litigation,
as it is  important for the public’s safety and trust in the justice
system that the  courts continue to have a private thinking space and the
ability to  enforce the law.
 
 
 
Once the ongoing litigation has concluded, you can request the
information  you are seeking from the court.
 
 
 
If you have any queries about this letter, please contact me. Please 
remember to quote the reference above in any future communications.
 
 
 
If you are unhappy with the service you have received in relation to your 
request and wish to request a review of our decision, please respond to 
this email and I will pass it on to Mid Kent Legal Services to conduct a 
review. Please ensure you outline your reasons for requesting a review.
 
 
 
If you are not content with the outcome of your complaint, you may apply 
directly to the Information Commissioner for a decision. Generally, the 
ICO cannot make a decision unless you have exhausted the complaints 
procedure provided by the Council.  The Information Commissioner can be 
contacted at: The Information Commissioner’s Office, Wycliffe House,
Water  Lane, Wilmslow, Cheshire SK9 5AF.
 
 
 
Yours sincerely
 
 
 
FOI Team
 
Policy and Information
 
Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent
ME15 6JQ
 
t []01622 602640 w [1][5]www.maidstone.gov.uk
 
To access our digital services please visit
[6]www.maidstone.gov.uk/service Sign up to receive your Council Tax bill
by email [7]http://www.maidstone.gov.uk/emailbilling
 
We understand the importance of ensuring that personal data, including
sensitive personal data is always treated lawfully and appropriately and
that the rights of individuals are upheld.
 
We are required to collect, use and hold personal data about individuals.
Data is required for the purposes of carrying out our statutory
obligations, delivering services and meeting the needs of individuals that
we deal with. This includes current, past and prospective employees,
service users, members of the public, Members of the Council, our business
partners and other local authorities or public bodies.
 
To view our full statement to see how your data will be stored and
processed please visit [8]https://maidstone.gov.uk/dataprotection
 
This email is confidential. If you receive it by mistake, please advise
the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless
stated otherwise, any opinions are personal and cannot be attributed to
Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an
order.
It is your responsibility to carry out Virus checks before opening any
attachments.
 
References
 
Visible links
1. [9]http://www.maidstone.gov.uk/
 
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[10][FOI #603455 email]
 
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[11]https://www.whatdotheyknow.com/help/offi...
 
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[12]https://www.whatdotheyknow.com/help/ico-...
 
Please note that in some cases publication of requests and responses will
be delayed.
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
-------------------------------------------------------------------
 

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Dear Complaints & FOI (MBC),

You said a response would be provided within 20 working days, I calculate that to have been by 31 January.

Yours sincerely,

S Staffordson

Dear Complaints & FOI (MBC),

In anticipation of you not responding and it being necessary to escalate this to the ICO, I thought it best to advise you that 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...

So my thoughts are that this issue should be put before the council's Monitoring Officer as it is his duty to ensure all decision making is lawful and the legal process described above should have been followed in arriving at the decision.

I understand that the software supplied to local authorities for the purpose of payment allocation has a parameter which can typically be set so that when a payment fails to match one of the rules it will, option 1, be applied to the in-year account, or option 2, be applied to the oldest years account. Therefore, it is within the council's control to maximise the frequency with which non-specific payments would be correctly applied i.e. to maintain the in-year account as a priority.

Regarding the Miskin case law, despite being decided in 1953, it is obviously relevant to Council Tax or there would unlikely be guidance tailored specifically for the benefit of Local Authorities. For example, Ipswich Council demonstrates its awareness of the case and other case law relevant to Council Tax liability in the following page exhibited presumably from a book entitled "Local Authority Revenues" https://www.whatdotheyknow.com/request/4...

The relevant passage summarises a billing authority's obligations regarding the allocation of payments where a customer has several accounts payable to the council in the context of R v Miskin Lower Justices and associated case law. The Institute of the Revenues Rating and Valuation (IRRV) has published similar in its 10 October 2002 Insight magazine https://tinyurl.com/y3hoyx9v

In respect of the council's statement; "all other payments received..will then reduce the oldest debt first...", there was no precedent set in the Miskin case based on payments matching the instalment amount of a particular year.

https://tinyurl.com/vk2pwhn (R v Miskin)

It is clear from the first paragraph of the judgment that the debtor (husband) did not once in any of the payments he made, make a payment matching an amount that he was required to under the terms of the maintenance/committal orders. The judge held that an appropriation was inferred from the circumstances to be the debt which it was most beneficial for the debtor to reduce (see quoted from the judgment).

"...the question whether the payments made by the husband should be appropriated to the original debt depended on the particular facts of the case. The husband would be likely to wish the payments to be utilized in discharge of the original debt..." (so that he would secure his release from the committal order).

As for the Council defending the practice of applying non-specified payment to the oldest year where a debt remains outstanding, the overwhelming evidence is that this does not accord with established case law.

Possibly the council has been influenced by the ruling in Devaynes v Noble 1816 merivale 529 (Clayton's Case). Clayton's Case is confined to cases where there is an unbroken account between the parties, or “one blended fund,” as in the case of a current account at a bank or between traders; it does not apply where there is no such account or fund, but merely distinct and separate debts. Snells Principles Of Equity's gives a definition in the document here: https://tinyurl.com/y3uzpd5n

A number of billing authorities wrongly rely on the Clayton Case ruling to justify allocating non-specific payment to the arrears because the effect of the rule is that in the absence of any express appropriation, each payment is impliedly appropriated to the earliest debt that is not statute-barred (payments are presumed to be appropriated to debts in the order in which the debts are incurred). They are of course misinformed because the rule does not apply to Council Tax as it consists of distinct insulated debts, between which a plain line of separation can be drawn (a bill is issued each year relating specifically to that year's liability).

Conveniently in the Clayton Case judgment the rules by which the application of indefinite payments are governed have been discussed. Clearly before any consideration is given as to the order in which the debts have arisen it must be asked, to which of the debts would the allocation be most beneficial to the debtor? (where the purpose for which a payment is made is unspecified it must be carried to that account which it is most beneficial to the debtor to reduce). Only if it was of no more benefit to the debtor which of the accounts payment was applied to could it be said that allocating non-matching payments to any arrears would be in accordance with established case law.

https://en.wikipedia.org/wiki/Devaynes_v... (Clayton's Case)

It is noteworthy that the Sri Lankan case, Ephraims v. Jansz (1895) 3 N.L.R. 142, similarly discussed the rules relating to the appropriation of payments in the context of the onerous nature of debt due on several accounts. The condition in the below quoted from the judgment could not be more relevant to the circumstances that are in issue with Council Tax liability:

https://www.lawnet.gov.lk/wp-content/upl... (Ephraims v. Jansz)

"If no such appropriation is made at the time of payment, the creditor must apply it to some claims which could be enforced at the time of payment and which at the moment is not in controversy."

Council Tax may be enforced (subject to payments being met) so a customer's in-year liability is not in controversy, providing his instalments are paid when due. An unspecified payment then, applying this principle, would have clearly been misappropriated if the council applied it to arrears so causing his in-year liability instalment to have not been met.

But regardless of whether the principle in the Sri Lankan case can be relied on, a customer having one liability more onerous for him than another must have his payment if it were unspecified carried to that account which it is most beneficial for him to reduce in line with other case authority mentioned.

The council's processing system applies payments in respect of the customer's implied intention but on a severely restricted basis (solely on the sum paid corresponding with an instalment amount). A payment matching a specific liability covers only one of several ways that the taxpayer's election may be implied. For example, case authority has consistently found that a debtor's intention may be indicated from the circumstances of the transaction (see Khandanpour v Chambers [2019] EWCA Civ 570 "Appropriation" from para 25). https://www.bailii.org/ew/cases/EWCA/Civ...

A debtor's payment pattern could indicate a debtor's intention to appropriate payment to a particular debt, so if a pattern had emerged of a customer's payment being made and accepted as credited to a particular debt then it would be inferred from the nature of the transaction, even if not expressed at the time by the customer, that he intended to ascribe it to that account. A customer having one liability more onerous for him than another must have his payment if it were unspecified carried to that account which it is most beneficial for him to reduce.

A customer who would be caused the additional burden from recovery action being taken in respect of his in-year liability as a consequence of payment being applied to his arrears, would clearly have intended his payment to be appropriated to his in-year liability to avoid unnecessary additional costs etc. Evidence of an intent to appropriate, although falling short of being express, would be provided in those particular circumstances to be an election to pay specifically on the current year's liability (the inference from the circumstances of a transaction is just as valid an election to pay specifically on one of several accounts as if his election were expressed).

A customer who made payment in an amount sufficient to prevent his in-year liability falling in arrears would have good cause to bring legal proceedings against the council if it were to allocate his payment to a previous year's charge (thus unnecessarily burdening him further) merely because it did not match the instalment amount. In any event, I understand that a billing authority's duty, as a priority, is to maintain a customer's in-year account with payments received in respect of his liability, so logically the frequency with which payment would be correctly applied would be maximised (under automated conditions) if the parameters in the Council Tax processing system were set so that any unspecified payments were applied to the current year's charge.

P.S. Your Monitoring Officer might wish to look at this from the following perspective:

Let's say a Customer has an outstanding balance of £50.00 secured by a Magistrates' court Liability Order from a previous year's charge. This gives councils the power to use various enforcement methods to collect the debt and adds costs to the arrears. The standard costs rubber stamped by the court are in the sum of £110.00 so the total amount owing the council for that year's charge has increased to £160.00. The customer now has his in-year Council Tax obligation to meet as well as the amount secured by a court order from the previous year's charge.

The customer's in-year payments are set at £121.95 for the first instalment and £120.00 for the remaining nine (£1,201.95 in total). The customer makes his first payment of £122.00 but because the council's system applies payments that do not exactly match to the oldest debt, his in-year Council Tax obligations have been detected by the computer system to have not been met even though the payment was made in sufficient an amount to prevent his in-year liability falling in arrears. Although Council Tax liability consists of distinct insulated debts, between which a plain line of separation can be drawn, the benefit to the council is the same (£122.00) whether payment is applied to the in-year account or arrears so there is no legitimate advantage for the council nor justification in engineering a further burden for the customer in respect of his in-year liability. The previous year's debt has already been secured with a court order which has no time limit restricting its use.

It is therefore reasonable to suspect that the council allocates non-matching payments to the arrears thus imposing an additional £110.00 standard costs in respect of the in-year engineered non-payment for a non-legitimate reason. But there is no theoretical advantage to the council in respect of the costs it claims because the law only entitles it to claim the actual expenditure it incurs. It would therefore be self defeating if the council were to go about obtaining court orders merely to benefit from the application if its costs claim was genuine and not inflated. Another possible motive would be to punish the customer, but this is troublesome for the council because it is making use of the Magistrates' court unnecessarily and in so doing burdening the customer with a further £110.00 debt. This by definition is penalising the customer with imposed costs which is impermissible according to established case authority. It was held on judicial review of a licensing case R v Highgate Justices ex parte Petrou [1954] 1 ALL ER 406 that costs should not exceed the proper costs incurred and should not be a penalty.

In the more recent case it was held that the Magistrates were bound to decide the matter of costs in accordance with the Council Tax (Administration and Enforcement) Regulations 1992 (the court needs to be satisfied that it was reasonable for the council to incur them) i.e. they would not reasonably have been incurred if it was not reasonable for the council to take steps to enforce payment (see paras 34 and 51 of R (Nicolson) v Tottenham Magistrates [2015] EWHC 1252) http://www.bailii.org/ew/cases/EWHC/Admi...

In the aforementioned scenario the council would have impermissibly obtained a court order to enforce the misappropriated £122.00 element of the liability TWICE. This is because the payment which was intended to be applied to the in-year liability was misapplied to the arrears.

Each year's liability is a distinct debt so if the council has a secured debt in respect of one year's charge it cannot use the same court order to enforce payment if a customer defaults in a subsequent year (another order must be obtained from the court). However, the court order securing £160.00 debt from a previous year was effectively used to collect the sum of £122.00 which was actually paid in respect of the in-year liability (the amount secured by the previous court order reduced to £38.00). The customer's in-year liability did not only remain unchanged as a result of the misapplied £122.00 payment it actually increased by £110.00 because of the court costs attributable to the council's further application to the Magistrates' court (the in-year liability increased to £1,311.95 which was secured by a fresh court order).

The upshot of all this is that the customer has outstanding liability relating to two separate debts, each independently subject to enforcement by the various oppressive methods enabled by the court order. The customer's overall indebtedness arising from the misappropriated payment has immediately increased by £110.00 because of unnecessary court costs. In engineering the default, the council has clearly been shown to have unlawfully used an order securing a previous year's debt to enforce payment from the in-year liability which was perversely the cause of the Council Tax processing system triggering recovery in respect of the in-year liability (the same £122.00 amount has been subject to enforcement by two separate court orders).

Yours sincerely,

S Staffordson

Dear Complaints & FOI (MBC),

MBC is not going to reply is it

Yours sincerely,

S Staffordson

Keith Trowell,

1 Attachment

Dear S Staffordson,

 

I refer to your e-mail of 2^nd January 2020 in which you requested a
review of the Council’s handling of your FOI request. This has been passed
to me and I must first apologise for the inordinate delay in dealing with
the review.

 

Your request for a review stated :

 

“Dear Maidstone Borough Council,

 

Ref: FOI/1047

 

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

 

I am writing to request an internal review of Maidstone Borough Council's
handling of my FOI request 'Council tax payment allocation in accordance
with R. v Miskin Lower Justices [1953]' (ongoing litigation).

 

You have stated the following:

 

"Once the ongoing litigation has concluded, you can request the
information you are seeking from the court."

 

Without the information requested how will I be able to do as you suggest?

 

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

 

Yours faithfully,

 

S Staffordson”

 

Your initial request for information asked :

 

“Dear Complaints & FOI (MBC),

 

With reference to the matter that is subject to ongoing litigation,
implied by the Council to relate to confidential legal advice about the
appropriation of Council Tax payments, please disclose if any is relevant,
the following information:

 

a) brief description of the matter under challenge

b) in which court are proceedings ongoing (County, High Court etc.)

c) case reference numbers

d) details of the appeal/claim type (for example case stated, judicial
review, etc.)

e) any other information in the public interest that I have not included
in the above.

 

Yours sincerely,

 

S Staffordson”

 

Following your initial request, the following response was issued to you
on 20th November 2019 :

 

“Dear S Staffordson

 

FREEDOM OF INFORMATION ACT REQUEST

 

You wrote to us requesting the following information:

 

With reference to the matter that is subject to ongoing litigation,
implied by the Council to relate to confidential legal advice about the
appropriation of Council Tax payments, please disclose if any is relevant,
the following information:

 

a) brief description of the matter under challenge

 

b) in which court are proceedings ongoing (County, High Court etc.)

 

c) case reference numbers

 

d) details of the appeal/claim type (for example case stated, judicial
review, etc.)

 

e) any other information in the public interest that I have not included
in the above

 

Our response is as follows:

 

a) Enforcement for unpaid Council Tax.

 

b) Maidstone Borough Council brings proceedings for Council Tax
enforcement before the Magistrates Court and County Court as appropriate.

 

c-e) Under Section 31(1)(c) of the Act, I am not required to provide
information if its disclosure would, or would be likely to, prejudice the
administration of justice. We consider that disclosing information on
ongoing litigation would be likely to prejudice the administration of
justice because disclosing this information could influence or undermine
these proceedings.

 

In considering the public interest test, we consider that the public
interest is greater for maintaining the exemption than it is for
disclosure of the information. While we recognise that there is public
interest in transparency, we consider that there is strong public interest
in maintaining confidentially with regard to ongoing litigation, as it is
important for the public’s safety and trust in the justice system that the
courts continue to have a private thinking space and the ability to
enforce the law.

 

Once the ongoing litigation has concluded, you can request the information
you are seeking from the court.

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council. The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

 

FOI Team”

 

Review Response

 

I have reviewed your initial request and the Council’s response.

 

In responding to c), d) and e) of your initial request the Council
declined to provide the information sought placing reliance on Section
31(1)(c) of the Freedom of Information Act 2000 (‘the FOIA’) on the ground
that disclosure would, or would be likely to, prejudice the 
administration of justice. Guidance issued by the Information
Commissioner’s Office (‘the ICO’) states that the administration of
justice is a broad term that applies to the justice system as whole. The
guidance also states that the exemption will protect information if its
disclosure would undermine particular proceedings. I have considered the
response given and the ICO guidance and concluded that the exemption was
correctly applied in that disclosure of the information may prejudice
ongoing legal proceedings.

 

I have also considered Section 31(1)(d) of the FOIA and associated ICO
guidance. This exemption protects information if its disclosure would
prejudice the collection of tax from a particular person. I have concluded
that the information requested by c), d) and e) is additionally protected
the exemption.

 

Turning to your question “Without the information requested how will I be
able to do as you suggest?”. I would further suggest that a suitably
framed FOIA request to the courts and/or to HM Courts and Tribunal Service
may elicit the information you seek in relation to concluded litigation.

 

As regards the public interest in disclosing information I agree that, as
stated in the Council’s previous response, it is considered that the
public interest is greater for maintaining the exemption than it is for
disclosure of the information. I recognise that there is public interest
in transparency, but believe there is strong public interest in
maintaining confidentially with regard to ongoing litigation.

 

In conducting my review I have not considered or addressed any of the
matters covered in your e-mail to Complaints & FOI (MBC) dated 23^rd
February 2020 as these matters are outside of the scope of a FOIA review.

 

If you are not content with the outcome of your review, you may apply
directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Regards,

 

 

Keith E. Trowell

 

Keith E. Trowell, ACILEx | Team Leader (Corporate Governance)

Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough
Councils |

Tel: 01622 602 267 | Ext: 2267

 

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ 

Swale Borough Council, Swale House, East Street, Sittingbourne, Kent, ME10
3HT

Tunbridge Wells Borough Council, Town Hall, Civic Way, Royal Tunbridge
Wells, Kent TN1 1RS

 

The contents of this e-mail, together with any attachments, may be
confidential or subject to legal professional privilege.  It should not be
shared with anyone without first consulting Mid Kent Legal Services. 

If you are not the intended recipient, please do not forward this email or
the attachments to anybody.  Please notify the sender and delete all
copies of this email from your system.

 

 

[2]Signature

 

M013987/00757668

 

 

References

Visible links
1. https://www.whatdotheyknow.com/request/c...

Dear Keith Trowell,

Please disclose the following information in respect of the ongoing litigation mentioned in correspondence relating to information request Ref: FOI/1047:

1. Have proceedings completed?

2. If yes to 1 please provide the judgment

3. If no judgment please provide the case reference /summary of outcome

Yours sincerely,

S Staffordson

Keith Trowell,

I am currently away from my workspace and am due to return on Tuesday,
13th October at around 10am.

 

In my absence, please forward any urgent emails to :
[email address]. 

 

Thank you.

Keith Trowell,

Dear Mr Staffordson,

Thank you for your e-mail that I have forwarded to the Council's FOI team who will respond in due course.

Regards,

Keith E. Trowell

Keith E. Trowell, ACILEx | Team Leader (Corporate Governance)
Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough Councils |
Tel: 01622 602 267 | Ext: 2267

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent ME15 6JQ 
Swale Borough Council, Swale House, East Street, Sittingbourne, Kent, ME10 3HT
Tunbridge Wells Borough Council, Town Hall, Civic Way, Royal Tunbridge Wells, Kent TN1 1RS

The contents of this e-mail, together with any attachments, may be confidential or subject to legal professional privilege.  It should not be shared with anyone without first consulting Mid Kent Legal Services. 
If you are not the intended recipient, please do not forward this email or the attachments to anybody.  Please notify the sender and delete all copies of this email from your system.

M000784.3/00845945

-----Original Message-----
From: S Staffordson [mailto:[FOI #603455 email]]
Sent: 13 October 2020 09:13
To: Keith Trowell
Subject: Re: FOI Review - FOI 1047 (S Staffordson/CT payments)

Dear Keith Trowell,

Please disclose the following information in respect of the ongoing litigation mentioned in correspondence relating to information request Ref: FOI/1047:

1. Have proceedings completed?

2. If yes to 1 please provide the judgment

3. If no judgment please provide the case reference /summary of outcome

Yours sincerely,

S Staffordson

-----Original Message-----

Dear S Staffordson,

 

I refer to your e-mail of 2^nd January 2020 in which you requested a

review of the Council's handling of your FOI request. This has been passed

to me and I must first apologise for the inordinate delay in dealing with

the review.

 

Your request for a review stated :

 

"Dear Maidstone Borough Council,

 

Ref: FOI/1047

 

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

reviews.

 

I am writing to request an internal review of Maidstone Borough Council's

handling of my FOI request 'Council tax payment allocation in accordance

with R. v Miskin Lower Justices [1953]' (ongoing litigation).

 

You have stated the following:

 

"Once the ongoing litigation has concluded, you can request the

information you are seeking from the court."

 

Without the information requested how will I be able to do as you suggest?

 

A full history of my FOI request and all correspondence is available on

the Internet at this address:

[1]https://www.whatdotheyknow.com/request/c...

 

Yours faithfully,

 

S Staffordson"

 

Your initial request for information asked :

 

"Dear Complaints & FOI (MBC),

 

With reference to the matter that is subject to ongoing litigation,

implied by the Council to relate to confidential legal advice about the

appropriation of Council Tax payments, please disclose if any is relevant,

the following information:

 

a) brief description of the matter under challenge

b) in which court are proceedings ongoing (County, High Court etc.)

c) case reference numbers

d) details of the appeal/claim type (for example case stated, judicial

review, etc.)

e) any other information in the public interest that I have not included

in the above.

 

Yours sincerely,

 

S Staffordson"

 

Following your initial request, the following response was issued to you

on 20th November 2019 :

 

"Dear S Staffordson

 

FREEDOM OF INFORMATION ACT REQUEST

 

You wrote to us requesting the following information:

 

With reference to the matter that is subject to ongoing litigation,

implied by the Council to relate to confidential legal advice about the

appropriation of Council Tax payments, please disclose if any is relevant,

the following information:

 

a) brief description of the matter under challenge

 

b) in which court are proceedings ongoing (County, High Court etc.)

 

c) case reference numbers

 

d) details of the appeal/claim type (for example case stated, judicial

review, etc.)

 

e) any other information in the public interest that I have not included

in the above

 

Our response is as follows:

 

a) Enforcement for unpaid Council Tax.

 

b) Maidstone Borough Council brings proceedings for Council Tax

enforcement before the Magistrates Court and County Court as appropriate.

 

c-e) Under Section 31(1)(c) of the Act, I am not required to provide

information if its disclosure would, or would be likely to, prejudice the

administration of justice. We consider that disclosing information on

ongoing litigation would be likely to prejudice the administration of

justice because disclosing this information could influence or undermine

these proceedings.

 

In considering the public interest test, we consider that the public

interest is greater for maintaining the exemption than it is for

disclosure of the information. While we recognise that there is public

interest in transparency, we consider that there is strong public interest

in maintaining confidentially with regard to ongoing litigation, as it is

important for the public's safety and trust in the justice system that the

courts continue to have a private thinking space and the ability to

enforce the law.

 

Once the ongoing litigation has concluded, you can request the information

you are seeking from the court.

 

If you have any queries about this letter, please contact me. Please

remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your

request and wish to request a review of our decision, please respond to

this email and I will pass it on to Mid Kent Legal Services to conduct a

review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply

directly to the Information Commissioner for a decision. Generally, the

ICO cannot make a decision unless you have exhausted the complaints

procedure provided by the Council. The Information Commissioner can be

contacted at: The Information Commissioner's Office, Wycliffe House, Water

Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

 

FOI Team"

 

Review Response

 

I have reviewed your initial request and the Council's response.

 

In responding to c), d) and e) of your initial request the Council

declined to provide the information sought placing reliance on Section

31(1)(c) of the Freedom of Information Act 2000 ('the FOIA') on the ground

that disclosure would, or would be likely to, prejudice the 

administration of justice. Guidance issued by the Information

Commissioner's Office ('the ICO') states that the administration of

justice is a broad term that applies to the justice system as whole. The

guidance also states that the exemption will protect information if its

disclosure would undermine particular proceedings. I have considered the

response given and the ICO guidance and concluded that the exemption was

correctly applied in that disclosure of the information may prejudice

ongoing legal proceedings.

 

I have also considered Section 31(1)(d) of the FOIA and associated ICO

guidance. This exemption protects information if its disclosure would

prejudice the collection of tax from a particular person. I have concluded

that the information requested by c), d) and e) is additionally protected

the exemption.

 

Turning to your question "Without the information requested how will I be

able to do as you suggest?". I would further suggest that a suitably

framed FOIA request to the courts and/or to HM Courts and Tribunal Service

may elicit the information you seek in relation to concluded litigation.

 

As regards the public interest in disclosing information I agree that, as

stated in the Council's previous response, it is considered that the

public interest is greater for maintaining the exemption than it is for

disclosure of the information. I recognise that there is public interest

in transparency, but believe there is strong public interest in

maintaining confidentially with regard to ongoing litigation.

 

In conducting my review I have not considered or addressed any of the

matters covered in your e-mail to Complaints & FOI (MBC) dated 23^rd

February 2020 as these matters are outside of the scope of a FOIA review.

 

If you are not content with the outcome of your review, you may apply

directly to the Information Commissioner for a decision. The Information

Commissioner can be contacted at: The Information Commissioner's Office,

Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Regards,

 

 

Keith E. Trowell

 

Keith E. Trowell, ACILEx | Team Leader (Corporate Governance)

Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough

Councils |

Tel: 01622 602 267 | Ext: 2267

 

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent

ME15 6JQ 

Swale Borough Council, Swale House, East Street, Sittingbourne, Kent, ME10

3HT

Tunbridge Wells Borough Council, Town Hall, Civic Way, Royal Tunbridge

Wells, Kent TN1 1RS

 

The contents of this e-mail, together with any attachments, may be

confidential or subject to legal professional privilege.  It should not be

shared with anyone without first consulting Mid Kent Legal Services. 

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[2]Signature

 

M013987/00757668

 

 

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Dear Keith Trowell,

Any update?

Yours sincerely,

S Staffordson

Keith Trowell,

Thank you for your e-mail.

 

I no longer work at Mid Kent Legal Services.

 

Please resend your e-mail to [email address].

 

If the matter is critically urgent please also cc
[email address].

Dear Gary Rowland,

Can you please progress this FoI request.
https://www.whatdotheyknow.com/request/c...

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

1 Attachment

Date: 06/11/2020

Ref: FOI/2992

 

 

Dear S Staffordson

 

FREEDOM OF INFORMATION ACT REQUEST

 

I am writing to confirm that the Council has now completed its search for
the information you requested.

 

A copy of the information is enclosed.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours Sincerely

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent

ME15 6JQ

w [1]www.maidstone.gov.uk

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

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Dear Complaints & FOI (MBC),

Please disclose the following information in respect of the ongoing litigation mentioned in correspondence relating to information request Ref: FOI/1047:

1. Have proceedings completed?

2. If no to 1 at what stage are proceedings at and if there is a hearing listed please state the date

3. If yes to 1 please provide the judgment

4. If no judgment please provide the case reference /summary of outcome

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

Dear S Staffordson

There have been no developments in the proceedings since the internal review was conducted by Mid Kent Legal Services in March.

Yours sincerely

Complaints & FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

-----Original Message-----
From: S Staffordson <[FOI #603455 email]>
Sent: 22 December 2020 08:27
To: Complaints & FOI (MBC) <[Maidstone Borough Council request email]>
Subject: Re: FOI/2992 Response

Dear Complaints & FOI (MBC),

Please disclose the following information in respect of the ongoing litigation mentioned in correspondence relating to information request Ref: FOI/1047:

1. Have proceedings completed?

2. If no to 1 at what stage are proceedings at and if there is a hearing listed please state the date

3. If yes to 1 please provide the judgment

4. If no judgment please provide the case reference /summary of outcome

Yours sincerely,

S Staffordson

-----Original Message-----

Date: 06/11/2020

Ref: FOI/2992

 

 

Dear S Staffordson

 

FREEDOM OF INFORMATION ACT REQUEST

 

I am writing to confirm that the Council has now completed its search for

the information you requested.

 

A copy of the information is enclosed.

 

If you have any queries about this letter, please contact me.  Please

remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your

request and wish to request a review of our decision, please respond to

this email and I will pass it on to Mid Kent Legal Services to conduct a

review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply

directly to the Information Commissioner for a decision.  Generally, the

ICO cannot make a decision unless you have exhausted the complaints

procedure provided by the Council.  The Information Commissioner can be

contacted at: The Information Commissioner’s Office, Wycliffe House, Water

Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours Sincerely

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent

ME15 6JQ

w [1]www.maidstone.gov.uk

To access our digital services please visit www.maidstone.gov.uk/service

Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.

Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.

Unless a purchase order is attached this email is not a contract or an order.

It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links

1. http://www.maidstone.gov.uk/

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #603455 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

To access our digital services please visit https://maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email https//maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

hide quoted sections

Dear Complaints & FOI (MBC),

At what stage are proceedings at please.

Yours sincerely,

S Staffordson

Dear Complaints & FOI (MBC),

Can you please tell me what stage the proceedings are at.

Yours sincerely,

S Staffordson

Dear Complaints & FOI (MBC),

Does the case involve bankruptcy proceedings that would have been avoided had payments not been misappropriated to the wrong year?

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

Dear S Staffordson

The Council has no further information to provide you with regarding this request, you have completed our internal review process. If you are not content with the outcome of your review, you may apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

Complaints & FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

-----Original Message-----
From: S Staffordson <[FOI #603455 email]>
Sent: 29 January 2021 08:21
To: Complaints & FOI (MBC) <[Maidstone Borough Council request email]>
Subject: RE: FOI/2992 Response

Dear Complaints & FOI (MBC),

Can you please tell me what stage the proceedings are at.

Yours sincerely,

S Staffordson

-----Original Message-----

Dear S Staffordson

There have been no developments in the proceedings since the internal review was conducted by Mid Kent Legal Services in March.

Yours sincerely

Complaints & FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ e [email address] w www.maidstone.gov.uk

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #603455 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

To access our digital services please visit https://maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email https//maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

hide quoted sections

Dear Complaints & FOI (MBC),

I have been informed that that there are no records of any ongoing litigation of the nature Maidstone Borough Council has referred to in the request.

This indicates that the referred to litigation has been abandoned or completed. Are either of these true and if not why am I likely to have been informed that that there are no records?

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

Dear S Staffordson

We do not consider that this constitutes a request under the Freedom of Information Act.

If you are unhappy with this response, you should contact the Information Commissioner. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

-----Original Message-----
From: S Staffordson <[FOI #603455 email]>
Sent: 16 March 2021 15:24
To: Complaints & FOI (MBC) <[Maidstone Borough Council request email]>
Subject: RE: FOI/2992 Response

Dear Complaints & FOI (MBC),

I have been informed that that there are no records of any ongoing litigation of the nature Maidstone Borough Council has referred to in the request.

This indicates that the referred to litigation has been abandoned or completed. Are either of these true and if not why am I likely to have been informed that that there are no records?

Yours sincerely,

S Staffordson

-----Original Message-----

Dear S Staffordson

The Council has no further information to provide you with regarding this request, you have completed our internal review process. If you are not content with the outcome of your review, you may apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

Complaints & FOI Team

Policy & Information Team

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ

e [email address] w www.maidstone.gov.uk

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #603455 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

To access our digital services please visit https://maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email https//maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

hide quoted sections

Dear Complaints & FOI (MBC),

"I have been informed that that there are no records of any ongoing litigation of the nature Maidstone Borough Council has referred to in the request.

This indicates that the referred to litigation has been abandoned or completed. Are either of these true and if not why am I likely to have been informed that that there are no records? "

I consider it constitutes a request under the Freedom of Information Act to ask whether the referred to litigation has been abandoned or completed. In respect of the other question it is a reasonable request for clarification.

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

Dear S Staffordson

We do not consider that this constitutes a request under the Freedom of Information Act because you are not requesting held information, and you are seeking an opinion.

If you are unhappy, you should contact the Information Commissioner. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

-----Original Message-----
From: S Staffordson <[FOI #603455 email]>
Sent: 24 March 2021 08:57
To: Complaints & FOI (MBC) <[Maidstone Borough Council request email]>
Subject: RE: FOI/2992 Response

Dear Complaints & FOI (MBC),

"I have been informed that that there are no records of any ongoing litigation of the nature Maidstone Borough Council has referred to in the request.

This indicates that the referred to litigation has been abandoned or completed. Are either of these true and if not why am I likely to have been informed that that there are no records? "

I consider it constitutes a request under the Freedom of Information Act to ask whether the referred to litigation has been abandoned or completed. In respect of the other question it is a reasonable request for clarification.

Yours sincerely,

S Staffordson

-----Original Message-----

Dear S Staffordson

We do not consider that this constitutes a request under the Freedom of Information Act.

If you are unhappy with this response, you should contact the Information Commissioner. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

FOI Team

Policy & Information Team

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ

e [email address] w www.maidstone.gov.uk

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #603455 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

To access our digital services please visit https://maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email https//maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

hide quoted sections

Dear Complaints & FOI (MBC),

Asking whether or not the referred to litigation has been abandoned or completed (or neither) is not asking for an opinion, it is asking for information that the council holds.

Yours sincerely,

S Staffordson

Dear Complaints & FOI (MBC),

Please can you provide the party names, and/or addresses for the ongoing litigation that you refer to?

Yours sincerely,

S Staffordson

Complaints & FOI (MBC), Maidstone Borough Council

Dear S Staffordson

 

The Council has no further information to provide you with regarding this
request, you have completed our internal review process. If you are not
content with the outcome of your review, you may apply directly to the
Information Commissioner for a decision. The Information Commissioner can
be contacted at: The Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

 

FOI Team

Policy & Information Team

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ

e [1][email address] w [2]www.maidstone.gov.uk

 

 

To access our digital services please visit https://maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email https//maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. mailto:[email address]
2. http://www.maidstone.gov.uk/