Council Tax Regulations – Schedule 5 bailiff fees

The request was refused by Northampton Borough Council.

Dear Northampton Borough Council,

Relating to schedule 5 of the Council Tax (Administration and Enforcement) Regulations 1992, commencing 2009/10 to date and categorised by year please supply the number of;

a) Northampton Borough council residents who have incurred the Header H fee, as a result of the council or its agents enforcing council tax debt?

b) council tax cases Northampton Borough council referred to bailiff:

i – to levy distress?

ii – where goods were removed?

Yours faithfully,

Max Headroom

Requests, Northampton Borough Council

Please accept this response as acknowledgement that your request has been received by the Council. Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Council has 20 working days in which to respond to your request. Under the Data Protection Act 1998 the Council has 40 days in which to respond to your request.

If you require any further information regarding this request please see contact details below.

Information Governance, The Guildhall, Northampton, NN1 1DE. Tel 01604 838536/837409. Fax No 01604 837057

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Requests, Northampton Borough Council

1 Attachment

Please find attached the Council's response to your recent FOI request.

Susan Crook
Interim Information Officer

Northampton Borough Council
The Guildhall
St Giles Sq
Northampton
NN1 1DE

Tel: 01604 838615
Email: [email address]

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Dear Requests,

Can I suggest that the council simply requests this information from its bailiff contractor. They will be required to hold this sort of information in an easily accessible format for dispute purposes. As well as '2000 c. (36)' providing a requirement for contractors to assist public bodies in their obligation to disclose information, I believe it is typically detailed in service level agreements between local authorities and their contractors.

I'm aware this data can provided by the bailiff contractor without any problem – with almost certainty in the case of Jacobs, Rossendales, or Bristow & Sutor.

Paragraph 54 of the Government Response to the Justice Committee’s Report (published November 2012): Post-legislative scrutiny of the Freedom of Information Act 2000 would suggest Northampton Borough Council were in fact obliged to supply the requested information despite its bailiff contractor not being a public body.

http://www.justice.gov.uk/downloads/publ...

" 54. ........ Where public services are delivered on behalf of a public authority under contract, the Government expects that contractors will fully assist public authorities in meeting their current obligations under FOIA to consider for disclosure information held on public authorities’ behalf by a contractor. We agree with the Committee that contracts should include clear provisions in this regard, and stress that public authorities should not be reluctant in taking all necessary steps to ensure compliance. "

As mentioned earlier, the Freedom of Information Act 2000 itself, under Section 3 makes provision for councils to release information in these circumstances, i.e., (1)(a)(ii) and (2)(b).

http://www.legislation.gov.uk/ukpga/2000...

Please refer to section 5(1)(a) and (1)(b) as may also be relevant.

http://www.legislation.gov.uk/ukpga/2000...

Could you please let me know within the next day or so if the council will be requesting the information from its contractor. This will help me form a decision whether or not to request an internal review.

Yours sincerely,

Max Headroom

Requests, Northampton Borough Council

Please accept this response as acknowledgement that your request has been received by the Council. Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Council has 20 working days in which to respond to your request. Under the Data Protection Act 1998 the Council has 40 days in which to respond to your request.

If you require any further information regarding this request please see contact details below.

Information Governance, The Guildhall, Northampton, NN1 1DE. Tel 01604 838536/837409. Fax No 01604 837057

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Requests, Northampton Borough Council

1 Attachment

Please find attached the Council's response to your recent FOI request on
Council Tax Bailiff Recovery.

 

David Taylor

Senior Information Governance Officer

(Freedom of Information and Data Protection Officer)

Borough Secretary's Department

The Guildhall

Northampton

NN1 1DE

 

Telephone: 01604 838536

Fax: 01604 837057

Email: [1][email address]

 

FOI disclosure web pages
[2]http://www.northampton.gov.uk/site/scrip...

 

P

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Please note that the contents of this e-mail, including any attachments
thereto, may contain information which is confidential or privileged, and
which is solely for the use of the recipient named above. The information
contained in this e-mail, and in your reply, may be subject to disclosure
under the Freedom of Information Act 2000 or other legislation, and its
confidentiality cannot be guaranteed. If you are not the intended
recipient, please be aware that any disclosure, copying, distribution or
use of the contents of this e-mail is strictly prohibited. Northampton
Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE +44
(0)300 330 7000 www.northampton.gov.uk     

References

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file:///tmp/blocked::http:/www.northampton.gov.uk/site/scripts/documents_info.php?documentID=383

Dear Northampton Borough Council,

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

I am writing to request an internal review of Northampton Borough Council's handling of my FOI request 'Council Tax Regulations – Schedule 5 bailiff fees'.

Please note the contents of my email of 1 May 2013 and also the additional comments in considering you review.

May I suggest that Northampton Borough Council seriously consider that it is being misled by its bailiff contractors in stating they cannot supply the information.

I believe the council's contractors are Bristow & Sutor, Equita, Newlyn, Phoenix, Rossendales and Rundles.

Information requested in the same or similar terms has been obtained from Bristow & Sutor, Newlyn, Rossendales and Rundles. I'd therefore expect Equita and Phoenix to have similar recording methods and would equally have no difficulty disclosing the data.

These are a sample of responses to prove I'm not making this up.

Mansfield District Council (Rundles, Bristow & Sutor and Rossendales)

https://www.whatdotheyknow.com/request/1...

East Riding of Yorkshire Council (Newlyn, Rundles & Co)
https://www.whatdotheyknow.com/request/c...

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

Yours faithfully,

Max Headroom

Requests, Northampton Borough Council

Please accept this response as acknowledgement that your request has been received by the Council. Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Council has 20 working days in which to respond to your request. Under the Data Protection Act 1998 the Council has 40 days in which to respond to your request.

If you require any further information regarding this request please see contact details below.

Information Governance, The Guildhall, Northampton, NN1 1DE. Tel 01604 838536/837409. Fax No 01604 837057

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Requests, Northampton Borough Council

I have reviewed the data collection process in response to your request.

 

There is no additional information to add to the Council's responses.

 

Details on how to challenge the Council’s response can be found at
[1]http://www.ico.org.uk/complaints/getting

 

David Taylor

Senior Information Governance Officer

(Freedom of Information and Data Protection Officer)

Borough Secretary's Department

The Guildhall

Northampton

NN1 1DE

 

Telephone: 01604 838536

Fax: 01604 837057

Email: [2][email address]

 

FOI disclosure web pages
[3]http://www.northampton.gov.uk/site/scrip...

 

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Dear Requests,

The evidence I provided suggests that your contractors will hold the requested information.

I requested a review. I have no proof this has been carried out. Please provide evidence that brings you to conclude that the council is entitled to withhold the data.

Yours sincerely,

Max Headroom

Requests, Northampton Borough Council

Please accept this response as acknowledgement that your request has been received by the Council. Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Council has 20 working days in which to respond to your request. Under the Data Protection Act 1998 the Council has 40 days in which to respond to your request.

If you require any further information regarding this request please see contact details below.

Information Governance, The Guildhall, Northampton, NN1 1DE. Tel 01604 838536/837409. Fax No 01604 837057

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Requests, Northampton Borough Council

2 Attachments

Please find attached the Council's response to your recent FOI review
regarding the Council’s response to your  Header H charges request and
challenge.

 

David Taylor

Senior Information Governance Officer

(Freedom of Information and Data Protection Officer)

Borough Secretary's Department

The Guildhall

Northampton

NN1 1DE

 

Telephone: 01604 838536

Fax: 01604 837057

Email: [1][email address]

 

FOI disclosure web pages
[2]http://www.northampton.gov.uk/site/scrip...

 

P

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Please note that the contents of this e-mail, including any attachments
thereto, may contain information which is confidential or privileged, and
which is solely for the use of the recipient named above. The information
contained in this e-mail, and in your reply, may be subject to disclosure
under the Freedom of Information Act 2000 or other legislation, and its
confidentiality cannot be guaranteed. If you are not the intended
recipient, please be aware that any disclosure, copying, distribution or
use of the contents of this e-mail is strictly prohibited. Northampton
Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE +44
(0)300 330 7000 www.northampton.gov.uk     

References

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Dear Requests,

If you didn't realise, it suggests in your FOI Disclosure document that Rossendales have supplied the following data:

2009-10
Referrals – 576
Head H – 0
Uplifted – 0

2010-11
Referrals – 654
Head H – 1
Uplifted – 0

2011-12
Referrals – 2,618
Head H – 8
Uplifted – 0

2012-13
Referrals – 5,119
Head H – 50
Uplifted – 0

2013 - Date
Referrals – 349
Head H – 14
Uplifted – 0

Additional to what seems to be an oversight in supplying the above data, it has been noted that the FOI request has been dealt with obstructively.

It has now become clear it was your belief that the fee was not charged by any of your contractors. If this was stated when you first realised this, the council's position would have been understood. However, the email record supplied reveals that despite stating they were unable to break down the figures, the contractors responded by either stating they did not charge the fee or stated none were charged.

As a final point I'm still to be convinced that Bristow & Sutor with referrals totalling 10,296 incurred a charge for the redemption fee "Nil" times.

Yours sincerely,

Max Headroom

Requests, Northampton Borough Council

Please accept this response as acknowledgement that your request has been received by the Council. Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Council has 20 working days in which to respond to your request. Under the Data Protection Act 1998 the Council has 40 days in which to respond to your request.

If you require any further information regarding this request please see contact details below.

Information Governance, The Guildhall, Northampton, NN1 1DE. Tel 01604 838536/837409. Fax No 01604 837057

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Requests, Northampton Borough Council

Mr Headroom,

If you not happy with the responses please refer the request to the Information Commissioner.

Part 1(1)(a) of the Freedom of Information Act is a duty to confirm if information is held. It is not a duty to explain why information is not held. We did not hold it therefore the response was both accurate and correct.

In addition the documents do not suggest anything. They are the only information held by this Council about Header H charges. I am not convinced the Act required the Council to recover this information from the contractor. It is their information and their charges not the Council's. It is unlikely I will collect this data in the future for any similar request.

Your comments towards me and this Council are noted.

David Taylor
Senior Information Governance Officer
(Freedom of Information and Data Protection Officer)
Borough Secretary's Department
The Guildhall
Northampton
NN1 1DE

Telephone: 01604 838536
Fax: 01604 837057
Email: [email address]

FOI disclosure web pages http://www.northampton.gov.uk/site/scrip...
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Dear Requests,

Unless I'm misunderstanding something, you appear to be talking complete and utter nonsense.

You appear to be stating you do not have an obligation to obtain information held by your contractor – not only against the evidence supplied in my email (re, 13 May 2013), but against your own action which appears to have been to contact your bailiff contractors requesting the data.

On another point, it seems you prefer causing maximum obstruction because legislation allows it, presumably in order to gain some perverse satisfaction.

Your Disclosure Document is evidence that Rossendale's data had been supplied to you. Why did you request it? What am I missing?

In answer to your statement that,

"It is their information and their charges not the Council's"

All fees and charges are the council's fees in law. Part of the authorities' contractual arrangements with the bailiff companies will detail the fact that they will allow bailiff firms to retain the enforcement fees themselves. External bailiff fees do not exist in the collection of council tax debt, they are always the council's enforcement fees and were passed in parliament to apply to in-house enforcement.

P.S. The intransigent manner in which Northampton Borough Council has dealt with this request for information has also been noted.

Yours sincerely,

Max Headroom

Requests, Northampton Borough Council

Please accept this response as acknowledgement that your request has been received by the Council. Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Council has 20 working days in which to respond to your request. Under the Data Protection Act 1998 the Council has 40 days in which to respond to your request.

If you require any further information regarding this request please see contact details below.

Information Governance, The Guildhall, Northampton, NN1 1DE. Tel 01604 838536/837409. Fax No 01604 837057

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Dear Requests,

Any response yet?

Yours sincerely,

Max Headroom

Requests, Northampton Borough Council

Please accept this response as acknowledgement that your request has been received by the Council. Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Council has 20 working days in which to respond to your request. Under the Data Protection Act 1998 the Council has 40 days in which to respond to your request.

If you require any further information regarding this request please see contact details below.

Information Governance, The Guildhall, Northampton, NN1 1DE. Tel 01604 838536/837409. Fax No 01604 837057

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Requests, Northampton Borough Council

The Council refers you to our response dated 17th July 2013 which concluded this request, as stated in that letter if you remain unhappy with our response your next step is to refer the matter to the Information Commissioners Office, details of which have already been provided.

Susan Crook
Interim Information Officer

Northampton Borough Council
The Guildhall
St Giles Sq
Northampton
NN1 1DE

Tel: 01604 838615
Email: [email address]

show quoted sections

Dear Requests,

I take your response as admission that Northampton Borough Council has a total disregard for taxpayer's money in the way it encourages complaints to be made to the Information Commissioner, when blatantly the request has been refused on grounds that providing an honest response would highlight that the council has been systematically defrauding millions of pounds from council taxpayers.

You have undoubtedly taken this approach smugly knowing that the Information Commissioner (also responsible for defrauding the taxpayer, given it functions as a bogus independent watchdog) will fall on the side of the public body if a complaint was escalated.

I have no desire to progress a complaint to the ICO, as you may have already gathered they would unlikely address it in an unbiased fashion, however, will take consolation that this FoI request will have highlighted the criminal failings of Northampton Borough Council.

Yours sincerely,

Max Headroom

Requests, Northampton Borough Council

Please accept this response as acknowledgement that your request has been received by the Council. Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Council has 20 working days in which to respond to your request. Under the Data Protection Act 1998 the Council has 40 days in which to respond to your request.

If you require any further information regarding this request please see contact details below.

Information Governance, The Guildhall, Northampton, NN1 1DE. Tel 01604 838536/837409. Fax No 01604 837057

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Dear Requests,

Response to this request is long overdue. By law, under all circumstances, Northampton Borough Council should have responded by now.

Yours sincerely,

Max Headroom

Requests, Northampton Borough Council

Please accept this response as acknowledgement that your request has been received by the Council. Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 the Council has 20 working days in which to respond to your request. Under the Data Protection Act 1998 the Council has 40 days in which to respond to your request.

If you require any further information regarding this request please see contact details below.

Information Governance, The Guildhall, Northampton, NN1 1DE. Tel 01604 838536/837409. Fax No 01604 837057

Please note that the contents of this e-mail, including any attachments thereto, may contain information which is confidential or privileged, and which is solely for the use of the recipient named above. The information contained in this e-mail, and in your reply, may be subject to disclosure under the Freedom of Information Act 2000 or other legislation, and its confidentiality cannot be guaranteed. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this e-mail is strictly prohibited.

Northampton Borough Council, The Guildhall, Northampton, United Kingdom, NN1 1DE
+44 (0)300 330 7000
www.northampton.gov.uk

Requests, Northampton Borough Council

3 Attachments

  • Attachment

    0003 RE INTERNAL REVIEW OF FREEDOM OF INFORMATION REQUEST COUNCIL TAX REGULATIONS SCHEDULE 5 BAILIFF FEES.HTM.html

    10K Download

  • Attachment

    0001 RE FOI RESPONSE 2410 394 04.TXT.txt

    2K Download View as HTML

  • Attachment

    0002 RE FOI RESPONSE 2410 394 05.TXT.txt

    2K Download View as HTML

Mr Headroom,

 

The Council has responded to this request and your various challenges. The
last of which was on October 30th 2013 as attached.

 

The Council has nothing further to add to its previous responses and as
such will not respond further to emails on this subject from you.

 

I am sorry you feel the Information Commissioner would not give your
appeal proper consideration. I am however satisfied that he would and that
the Council's response, which included copies of the emails received from 
the bailiff companies, responds with all the information that was held at
the time of your request.

 

The statutory process is now concluded. The 20 working days only relates
to the initial request, though I believe each time you have sought to
reopen this request the council has responded to you both courteously and
promptly, something I note from your emails you have not done.

 

I will not be responding to any further correspondence from you regarding
this request unless it originates form the ICO.

 

David Taylor

Senior Information Governance Officer

(Freedom of Information and Data Protection Officer)

Borough Secretary's Department

The Guildhall

Northampton

NN1 1DE

 

Telephone: 01604 838536

Fax: 01604 837057

Email: [1][email address]

 

FOI disclosure web pages
[2]http://www.northampton.gov.uk/site/scrip...

 

P

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David Taylor left an annotation ()

The reader should note that a public body cannot refuse to respond to a request where no information is held, no matter what the view of the applicant. The Council was unable to provide information as no information was held by it or its agents as shown in the attached files. The reader should also note the applicants reluctance to take this to the information Commissioner. Please draw your own conclusions from this. NBC FOI Department.