Enjusing Justice in making Liability Orders
Dear Ministry of Justice,
I am aware that, when a Billing Authority has Summonsed allegedly defaulting Tax Payers to the Magistrates Court for a hearing they produce a computer generated list for the Magistrates to "rubber stamp". Once the list has been "rubber stamped" the BA will have extraordinary powers of enforcement including bankruptcy, removal of property, charging orders and imprisonment. The Liability Orders more often affect the most vulnerable members of our society who are least able to challenge the process.
Please could you tell me what checks and measures are put in place along the way to ensure that Liability Orders are not made unjustly. In responding to this request for information pllease consider the rules, guidelines and laws relating the following processes:-
1. when a hereditament is created by the Valuation Office Agency.
2. When a Council Tax / Business Rates Account is created by the BA.
3. When a demand is made of the owner/resident of the hereditament
4. When the owner/resident is summonsed to Court for a hearing.
5. When Magistrates make Liability Orders.
I am particularly interested in the Laws Rules and Guidelines designed to protect members of the public from wrongful enforcement action that derives from a mistake in the process prior to enforcement action.
Please could you describe the routes to Justice available to a person that has become subjected to an unjust Liability Order.
Please provide as much information as is reasonable and suggest another organisation I might contact for further information.
Yours faithfully,
Lady Fleming
Dear Lady Fleming,
Please see attached a response to your overlapping enquiries to the
Ministry of Justice, Judicial Office and HM Courts Service relating to
council tax enforcements.
This response covers the following requests:
[FOI #549014 email];
[1][email address]
Cofion, Regards,
Siân Jones
Head of Legal and Professional Services | Legal Operations Team
Secretary, Justices’ Clerks’ Society
Courts and Tribunals Development Directorate | HMCTS | Law Courts, Bridge
Street | Peterborough, PE1 1AD
Web: [2]www.gov.uk/hmcts
[3]Here is how HMCTS uses personal data about you.
[4]Dyma sut mae GLlTEM yn defnyddio data personol amdanoch chi.
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now