Councillors and Council Tax Arrears

The request was successful.

Hello,

I'm writing to you in the hope of obtaining information relating to the number of reminder letters and summons sent to elected councillors in your authority area since 2015/16.

I'd prefer to receive the information in Excel spreadsheet - xlsx or xls - format and if you cannot provide the information in full, I would like to request that you provide as much as you are able to within the cost and time limits of the Act.

If you need clarification or can suggest ways in which the request can be refined in order for it to be successful, I'd be grateful if you could contact me as soon as possible.

Please note that there is precedent for councillors to be named in relation to this issue - the High Court ruled in March 2015 that they should not have their identities protected when it comes to non-payment of council tax.

I'd like to know the following:

1. How many unpaid council tax reminders were sent to councillors elected in your authority between 2015/16 and 2017/18? Please break down by financial year?

2. How many councillors were summonsed to court or given summary warrants in the same period? Again, please break down by financial year.

3a. How many reminders were issued to the councillors named? Please break down by year.

3b. For each instance, please provide the name of each councillor, the party they represent or represented at the time and the amount of council tax owed according to sums requested in the letter. Please also provide the amount of council tax that remains outstanding.

3c. Please also state for each councillor, whether they were barred from voting on the council's budget as a result of their council tax arrears and whether any summons received resulted in a court hearing going ahead.

I'd be grateful if you could provide the information for questions 1 and 2 as totals for your authority and present the rest of the information within a spreadsheet with the following columns:

Financial Year - Authority Name - Councillor Name - Party - No of Reminders - No of Summons - Amount Owed According to Reminders - Court Hearing Y/N - Outcome of Hearing - Banned from Voting Y/N - Current Sum Outstanding

Yours faithfully,

Joanna Morris

Braintree District Council

Dear Joanna Morris

 

Thank you for your Freedom of Information Request received on the
12/04/2019.

Reference 3704 has been applied to your request which will be looked into
and a response provided within 20 working days.

Should you have any queries in the meantime, please contact the Freedom of
Information Team at [1][Braintree District Council request email]

Kind Regards

 

Lucy Day

Performance & Improvement Apprentice

Braintree District Council | Causeway House, Bocking End, Braintree, CM7
9HB

 01376 552525| [2]www.braintree.gov.uk

 

References

Visible links
1. mailto:[Braintree District Council request email]
2. http://www.braintree.gov.uk/

Braintree District Council

1 Attachment

Dear Joanna Morris

 

 

I am writing regarding your Freedom of Information request received by the
department on the 12 April 2019

 

The Freedom of Information Act enables access to information held by the
Council, subject to the exemptions contained within the Act. The Act does
not require the Council to create information to respond to a request if
the requested information is not held, nor to give an opinion or comment.

 

Please find our response to your Freedom of Information request below:

 

Hello,

 

I'm writing to you in the hope of obtaining information relating to the
number of reminder letters and summons sent to elected councillors in your
authority area since 2015/16.

 

 

1.How many unpaid Council Tax reminders were sent to Councillors elected
in your Authority between 2015/16 and 2017/18? Please break down by
financial year?

 

2015/16 = One

2016/17 = Two

2017/18 = Two

 

2.How many Councillors were summonsed to Court or given summary warrants
in the same period? Again, please break down by financial year.

 

2015/16 = Nil

2016/17 = One

2017/18 = Nil

 

3a. How many reminders were issued to the councillors named? Please break
down by year.

3b. For each instance, please provide the name of each councillor, the
party they represent or represented at the time and the amount of council
tax owed according to sums requested in the letter.  Please also provide
the amount of council tax that remains outstanding.

3c. Please also state for each councillor, whether they were barred from
voting on the council's budget as a result of their council tax arrears
and whether any summons received resulted in a court hearing going ahead.

 

Please see the attached spreadsheet.

 

In the financial year 2017/18, the Council’s hold information which falls
within the scope of your request in respect of one former Councillor.  In
respect of the former Councillor, the Council considers that the
information that it holds in respect of the former Councillor’s Council
Tax arrears is partially exempt from disclosure in accordance with Section
40(2) of the Act – Personal Information, namely that information relating
to the former Councillors is personal data and it would be unfair to the
former Councillor to place this information into the public domain.  In
balancing the public interest we have disclosed limited information which
highlights the impact of the Arrears whilst preserving the
confidentiality.

 

In reaching this decision the Council has had regard to the case of DH v
Information Commissioner and another [2016] UKUT 139 (AAC) and the
Decision of the Information Commissioner Reference: FS50649626 (28th March
2019).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If you disagree with the Council’s decision in respect of your freedom of
information request or are otherwise unhappy with how the Council has
dealt with your request in the first instance you may approach Emma Wisbey
Governance and Member Manager in writing at the following address:
Braintree District Council, Causeway House, Bocking End, Braintree, Essex,
CM7 9HB.

 

Should you remain dissatisfied with the outcome you have a right of appeal
under S50 of the Freedom of Information Act to appeal against the decision
by contacting the Information Commissioner, Wycliffe House, Water Lane,
Wilmslow SK9 5AF, [1][email address]

 

 

Kind regards

 

 

 

Mike Gosling

Performance & Information Officer

 

Braintree District Council | Causeway House, Bocking End, Braintree, CM7
9HB

 01376 552525| [2]www.braintree.gov.uk

 

 

 

 

References

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