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LG Ombudsman - Liability Order and Local council contracted Bailiff enforcement conduct

Mr Dukes made this Freedom of Information request to The Local Government and Social Care Ombudsman

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Dear Local Government Ombudsmen,

The following information request is for the period 1st April 2009 to 31st December 2010.

Would you please state:

1. The relevant regulation, in 2010, that governed Local authority contracted bailiff regarding “Force Entry” and “Taking Control of Goods”. Please provide copies or link to the regulation.

2. Whether it is lawful, in 2010, for Local authority contracted bailiff to arrange with landlord/agent for access into a tenant home to enforce Council-tax arrears.

3. Whether Local authority contracted bailiff can rely on Liability Order (not Court order) issued by Magistrate court to force entry into a tenant home to enforce Council-tax arrears.

4. Whether Local authourity contracted bailiff relying on Liability Order can, in any circumstance, force entry into a tenant home to enforce Council-tax arrears. If so, please state the circumstances when the Baliff can force entry.

Yours faithfully,

Mr David Dukes

Foi Officer, The Local Government and Social Care Ombudsman

1 Attachment

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Foi Officer, The Local Government and Social Care Ombudsman

Dear Mr Dukes

This is to acknowledge receipt of your request below. We will aim to respond within 20 working days, that is, by 4 October. If we are unable to meet that deadline I will contact you again to explain why.

Yours sincerely

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

Foi Officer, The Local Government and Social Care Ombudsman

2 Attachments

Dear Mr Dukes

I attach a letter in response to your request below.

Yours sincerely

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

Dear Local Government Ombudsmen,

The following information request is for the period 1st April 2009 to 31st December 2010.

Would you please state:

1. The relevant regulation, in 2010, that governed Local authority contracted bailiff regarding “Force Entry” and “Taking Control of Goods”. Please provide copies or link to the regulation.

2. Whether it is lawful, in 2010, for Local authority contracted bailiff to arrange with landlord/agent for access into a tenant home to enforce Council-tax arrears.

3. Whether Local authority contracted bailiff can rely on Liability Order (not Court order) issued by Magistrate court to force entry into a tenant home to enforce Council-tax arrears.

4. Whether Local authourity contracted bailiff relying on Liability Order can, in any circumstance, force entry into a tenant home to enforce Council-tax arrears. If so, please state the circumstances when the Baliff can force entry.

Yours faithfully,

Mr David Dukes

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