Council use of enforcement agencies for debt-collecting

Dear Helen Hoddinott

Thank you for your request received earlier today.

with regards to housing arrears, I am understand this to mean unpaid rent for Council housing. If so, the Council does not hold this information as it no longer holds a council housing stock; this was transfer to North Devon Homes Ltd in February 2000.

The remainder of your request is now being dealt with in accordance with the Act and will be processed and responded to no later than 6 March, in accordance with the statutory time limit of 20 working days.

I will write to you in advance should the processing of your request require a fee, or if we should require further any information/clarification from you.

Yours sincerely

Vicky Eagle
Freedom of Information Officer and Paralegal
Legal Services
North Devon Council
[North Devon Council request email]

Document: {9673 FOI}/{00239598}

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Dear Helen Hoddinott

I write in response to your request received 7 February in which you requested:

1) In the financial years 21/22, 22/23 and 23/24 (Up to 07.02.24), could you please provide me with the total monetary value of council-related debts (such as council tax, parking fines, failures to pay business rates and housing arrears) which were referred to external enforcement agencies?

2) Of this figure, please could you provide the amount that was recovered by external debt agencies broken down for each of the financial years referenced?

3) For each of those financial years, please provide the number of complaints the council has received about the conduct of external bailiffs and debt collectors.

In my acknowledgement I confirmed that with regards to housing arrears, I am understand this to mean unpaid rent for Council housing. If so, the Council does not hold this information as it no longer holds a council housing stock; this was transfer to North Devon Homes Ltd in February 2000.

Section 1(1)(a) of the Act requires the Council to inform you whether it holds information of the description specified in your request. The Council confirms that it does hold this information. In discharge of its obligation under section 1(1)(b) the Council can provide you with the following response:

1. The total monetary value of Council related debts in the financial years 21/22, 22/23 and 23/24 (Up to 07.02.24):

£9,392,057.90 - Council Tax
£1,947,575.07 - Non-Domestic Rates (Business rates)
£ 100,785.41 - Parking Penalty Charge Notices (PCNs)
£ 126,499.13 - Sundry
£ 11,566,917.51 - TOTAL

2. The total amounts recovered, broken down as requested:

Council Tax

2021/22 = £1,737,894.50
2022/23 = £740,469.42
2023/24 (07.02.24) = £426,818.59
TOTAL = £2,905,182.51

Non-Domestic Rates (Business rates)

2021/22 = £378,596.89
2022/23 = £148,779.42
2023/24 (07.02.24) = £117,860.44
TOTAL = £645,236.75

Parking Penalty Charge Notices

2021 (Jan - Dec) = £12,265.53
2022 (Jan - Dec) = £14,851.94
2023 (Jan - June) = £3,671.21
2023-2024 (June- Jan) = £17,498.00
TOTAL = £48,286.68

Sundry

2021/22 = £1,460.25
2022/23 = £5,205.62
2023/24 (07.02.24) = £1,366.67
TOTAL = £8,032.54

TOTAL recovered £3,606,738.48

3. The number of complaints received about the conduct of external bailiffs and debt collectors:

Parking Penalty Charge Notices

2021 (Jan - Dec) = Zero complaints
2022 (Jan - Dec) = Zero complaints
2023 (Jan - Jun) = Zero complaints
2023 - 2024 (Jun - Jan) = Zero complaints

Council Tax, Non-Domestic Rates (Business rates), Sundry debt complaints

Information about complaints received for debts relating to the above are not recorded separately nor are they recorded on their respective accounts in a way that can be obtained through a generated report through the system used within the Revenues team. The only way in which a response could be provided would require officers to manually go through all Council Tax, Non-Domestic Rates and Sundry debt accounts. For Council Tax accounts alone there would be approximately 47,000 properties, many with multiple accounts that would need to be individually checked.

Section 12 of the Act makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for Local Authorities is set at £450 by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. This represents the estimated cost of one person spending 18 hours at £25 per hour in determining whether the Council holds the information, locating, retrieving and collating the information.

The procedure go through all accounts for the requested years would far exceed 18 hours to identify, locate, retrieve and collate the information and would cause serious disruption to the day to day working of the Revenues team; therefore we are unable to process this part of your request any further. As set out in the previous paragraph, the Council has the right to refuse to provide the information in accordance with Section 12 of the Act.

If you are dissatisfied with the Council's handling of your request, you have the right to request an internal review which should be received within two months from the date of the response letter and should be addressed and sent to;

Senior Solicitor and Monitoring Officer
Legal Services, North Devon Council
PO Box 379, Barnstaple, EX32 2GR
[North Devon Council request email]

If you are not content with the outcome of the internal review, you have the right to apply to the Information Commissioner for a decision:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 01625 545 745
Fax: 01625 524 510
Email: [email address]

Yours sincerely

Vicky Eagle
Freedom of Information Officer and Paralegal
Legal Services
North Devon Council
[North Devon Council request email]

Document: {9673 FOI}/{00239877}

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Dear Helen Hoddinott, thank you for your email. I have inserted the
requested break down within the response below. Regards, Vicky

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