Council tax system are customers required to know the setup ?

Response to this request is long overdue. By law, under all circumstances, The Local Government and Social Care Ombudsman should have responded by now (details). You can complain by requesting an internal review.

Dear Local Government Ombudsmen,

Council tax system are customers required to know the setup ?

Can you please provide any guidance that you hold that council's are required to follow and provide to their customers so that they will know how the council's internal council tax system is setup, to prevent problems arising where the system or staff allocate their customers funds to the wrong council tax year?

What simple rules do you and they have in place to prevent the above happening?

Is the burden of proof on the council to prove that an amount paid with the intention by the customer that it must be used towards a year that suits the customer(if more than one year is outstanding) shall be used instead to a year that suits the council?

If the customer specifies in writing after a payment is made what year the amount is to be used towards, is the agreement of the council necessary or is there a mechanism in place to ensure this happens, to stop the council staff over ruling their customers wishes?

Yours faithfully,

Deb Williams

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Foi Officer, The Local Government and Social Care Ombudsman

3 Attachments

Dear Ms Williams

Please find attached a letter in response to your request below and a document referred to in the letter.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

show quoted sections

Dear Foi Officer,

Thank you for the link, please can you point out where it answers my questions ?

Yours sincerely,

Deb Williams

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

fFaudwAtch UK (Account suspended) left an annotation ()

It's almost criminal that the LGO relies on the 'made up' rubbish that has been provided in your response. A watchdog organisation like the ombudsman should have all the correct information to deal with disputes expertly.

I needed to research a number of cases concerning payment allocation to produce a defence for a false claim by North East Lincolnshire Council to Grimsby Magistrates' court for non-payment of Council Tax.

The Council relied on the case of Devaynes V Noble 1816 merivale 529 (“Clayton”) to support its assertion that its Council Tax processing system allocates unspecified payments correctly (to the oldest account).

It argued completely spuriously that payments are presumed to be appropriated to debts in the order in which the debts are incurred and if no election is made the earliest debts are paid first, and cites from Clayton: “it is the first item on the debit side of the account, that is discharged, or reduced, by the first item on the credit side.”

However, Clayton's case concerned the distribution of monies between parties from a running account (bank) where all the sums paid in formed a single account. In the case of Council Tax, when there are arrears there are two distinct accounts in issue; one in respect of the current year's Council Tax and the other, relating to a previous year’s account.

North East Lincolnshire Council, and the LGO, are wrong in stating that a system is correctly set when set to appropriate monies to the earliest account when the payment is not specified. The rule in the Clayton case cannot apply in a system whereby the accounts relate, as they do in council tax, to ‘distinct insulated debts, between which a plain line of separation could be drawn’.

One of the papers submitted (which District judge Daniel Curtis refused to consider) dealt almost exclusively with the appropriation of payments.
Those representations (see link below) deal most relevantly with this matter around paragraphs 48 to 73.

https://www.scribd.com/document/28772478...

Foi Officer, The Local Government and Social Care Ombudsman

Dear Ms Williams

I didn't send you a link - I sent you an extract from our internal staff guidance on this topic as an attachment. The extract I sent is all the information we hold on payment allocation. If this does not answer your question, then I am afraid we are unable to answer it.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

show quoted sections

Dear Foi Officer,

The information you have supplied raises the questions I have asked but does not provide answers to any of them.

What 'simple rules' are you referring to and is the burden of proof on the council to prevent staff allocating their customers funds to the wrong council tax year, when the council are fully aware that council tax debts are distinct insulated debts levied yearly for which a plain line of separation is drawn and not to be treated as a continuous running account.

Yours sincerely,

Deb Williams

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Foi Officer, The Local Government and Social Care Ombudsman

Dear Ms Williams

My reading of the extract I sent you is that the 'simple rules' follow that sentence and form the rest of that paragraph.

As I've said previously, I have sent you all the information we hold on payment allocation, so I cannot help you with your 'burden of proof' question.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

show quoted sections

Dear Foi Officer,

The term 'simple rules' are meaningless without further definition and could mean virtually anything including ' plunder with immunity '.

Yours sincerely,

Deb Williams

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Deb Williams left an annotation ()

Nolan Principles for public office holders - selflessness, integrity, objectivity, accountability, openness, honesty, leadership

Looking for an EU Authority?

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

AskTheEU.org