Liability Orders

Response to this request is long overdue. By law, under all circumstances, Derby City Council should have responded by now (details). You can complain by requesting an internal review.

Dear Derby City Council,

Please provide me with a copy of the actual Council Tax Liability Order template you use. Not a 'Notification of liability order', or a copy if the list supplied by yourselves to the Magistrates.
Yours faithfully,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
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Derby City Council

Dear David,

I acknowledge your request for information received on 06 January 2023
about Liability Orders.

Your request is being considered and you will receive the information
requested as soon as possible, but in any case by 03 February 2023 the
statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000 (FOI) unless the information requested is subject to
a statutory exemption on disclosure or the information contains reference
to a third party.

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification). In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

For your information, the Act defines a number of exemptions, which may
prevent release of the information you have requested. Some exemptions are
subject to a public interest test. There will be an assessment and if any
of the exemption categories apply and any relevant public interest test is
weighed in favour of withholding the information it will not be released.
You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then
they may need to be consulted before a decision is taken on whether the
information can be released to you. You will be informed if this is the
case.

There may be a fee payable for supplying the information in the form of
disbursements. This will be calculated and you will be informed if a fee
is payable. The fee must be paid before the information is released and
the 20 working day time limit for responses is suspended until payment is
made. You will have 3 calendar months to submit your payment.

If you have any queries or concerns then please contact:

Freedom of Information Officer Derby City Council The Council House
Corporation Street Derby DE1 2FS Telephone 01332 640763 or e-mail
[Derby City Council request email] 

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office Wycliffe House Water Lane Wilmslow
Cheshire SK9 5AF Telephone: 01625 545 700 https://www.ico.org 

Yours sincerely,

Freedom of Information Team | Information Governance | Corporate Resources
Directorate | Derby City Council, Council House, Corporation Street, Derby
DE1 2FS | 01332 640763 | www.derby.gov.uk

══════════════════════════════════════════════════════════════════════════

[1]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[2]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

══════════════════════════════════════════════════════════════════════════

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FOI, Derby City Council

1 Attachment

Dear David,

The Council confirms it holds information that falls within the
description of your request which is attached.

For your information this request has cost the Council £14.58 to process.

Any information provided that is owned by the Council is subject to the
provisions of the Re-use of Public Sector Information Regulations 2015 and
has been made available for re-use under the Open Government Licence (OGL)
a request to re-use is not required, but the licence conditions must be
met.

If the information provided is owned by someone else, you must get
permission from them to reuse the information.

If you are dissatisfied with the response to your request, you can ask for
an internal review under our FOI & EIR complaints procedure.

Please put your appeal reasons in writing and send it within 40 working
days to:

Freedom of Information Officer Derby City Council The Council House
Corporation Street Derby DE1 2FS Telephone 01332 640763 or e-mail
[1][Derby City Council request email] 

You may also apply to the Information Commissioner for a decision under
section 50 of the Act but he may decline to deal with your application if
you have not followed the Council’s complaints procedure first:

Information Commissioner's Office Wycliffe House Water Lane Wilmslow
Cheshire SK9 5AF Telephone: 01625 545 700 [2]https://www.ico.org 

Please note, the following applies, if the response includes council
officers (or other officers) names.

If you are a company that intends to use the names and contact details of
council officers (or other officers) provided for direct marketing, you
need to be registered with the Information Commissioner to process
personal data for this purpose. You must also check that the individual
(whom you wish to contact for direct marketing purposes) is not registered
with one of the Preference Services to prevent Direct Marketing. If they
are you must adhere to this preference. You must also ensure you comply
with the Privacy Electronic and Communications Regulations (PECR). For
more information follow this link [3]https://www.ico.org

For the avoidance of doubt the provision of council (and other) officer
names and contact details under FOI does not give consent to receive
direct marketing via any media and expressly does not constitute a ‘soft
opt-in’ under PECR.

Yours sincerely,

Freedom of Information Team | Information Governance | Corporate Resources
Directorate | Derby City Council, Council House, Corporation Street, Derby
DE1 2FS | 01332 640763 | [4]www.derby.gov.uk

 

══════════════════════════════════════════════════════════════════════════

[5]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[6]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

══════════════════════════════════════════════════════════════════════════

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5. https://derby.gov.uk/mailredirect/
6. https://www.derby.gov.uk/privacy-notice/

Dear Derby City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Derby City Council's handling of my FOI request 'Liability Orders'.

I requested you provide me with a copy of the actual Council Tax Liability Order template 'YOU USE'.
Not a 'Notification of liability order', or a copy if the list supplied by yourselves to the Magistrates.

You provided me with a link to Liability Order templates which were removed from usage in 1992.

Please provide me with a copy of the CT Liability Order templates you use TODAY and also a copy if the Liability Order template (signed by a judge) that you provide debt collection agencies to enable them to act on your behalf and provide to alleged debtors on request as evidence that the Liability Orders exist.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

══════════════════════════════════════════════════════════════════════════

References

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FOI, Derby City Council

Dear David,

Thank you for complaint about how we dealt with your Freedom of Information Request FOI559478856.

In accordance with our FOI & EIR complaints procedure your complaint will be allocated to our investigating officer to carry out the internal review.

The Information Commissioner's Office (ICO) guidance states that FOI internal reviews should take no longer than 20 working days.

The internal review decision will be sent to you by 22/02/23.

However, there may be occasions when it will take longer due to the volume of files involved/complexity of the issue and the workload of the investigating officer. We will let you know if this is the case.

The investigating officer will either uphold the original decision; provide an additional explanation of the exemption/exception applied; or release further information if it is considered appropriate to do so.

You may also apply to the Information Commissioner for a decision under section 50 of the Act but he may decline to deal with your application if you have not followed the Council’s complaints procedure first.

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.ico.org

Yours sincerely,

Freedom of Information Team | Corporate Resources Directorate | Derby City Council | The Council House| Corporation Street |Derby | DE1 2FS |Tel: 01332 640763 | www.derby.gov.uk

show quoted sections

FOI, Derby City Council

1 Attachment

Dear David,

The investigating officer has completed the internal review and the
decision is shown below.

┌────────────────────────────────────────────────────────────────────────┐
│Internal Review │
├────────────────────────────────────────┬───────────────────────────────┤
│Date internal review/complaint received │25/1/23 │
│from applicant │ │
├────────────────────────────────────────┴───────────────────────────────┤
│Applicant internal review/complaint reasons │
│ │
│  │
├────────────────────────────────────────┬───────────────────────────────┤
│Dear Derby City Council, │  │
│ │ │
│  │  │
│ │ │
│Please pass this on to the person who │  │
│conducts Freedom of Information reviews.│ │
│ │  │
│  │ │
│ │  │
│I am writing to request an internal │ │
│review of Derby City Council's handling │  │
│of my FOI request 'Liability Orders'. │ │
│ │  │
│  │ │
│ │  │
│I requested you provide me with a copy │ │
│of the actual Council Tax Liability │  │
│Order template 'YOU USE'. │ │
│ │  │
│Not a 'Notification of liability order',│ │
│or a copy if the list supplied by │  │
│yourselves to the Magistrates. │ │
│ │I have consulted the Council │
│  │Tax service manager who has │
│ │confirmed the following … │
│  │ │
│ │  │
│You provided me with a link to Liability│ │
│Order templates which were removed from │The link provided to the │
│usage in 1992. │template is the template used. │
│ │ │
│  │  │
│ │ │
│  │  │
│ │ │
│Please provide me with a copy of the CT │  │
│Liability Order templates you use TODAY │ │
│and also a copy if the Liability Order │The liability order template │
│template (signed by a judge) that you │have not been removed from │
│provide debt collection agencies to │usage. The link provided is │
│enable them to act on your behalf and │the  right one. │
│provide to alleged debtors on request as│ │
│evidence that the Liability Orders │  │
│exist. │ │
│ │  │
│ │ │
│ │  │
│ │ │
│ │Liability order don’t have to │
│ │be signed by a judge , it can │
│ │be signed by a magistrate.  The│
│ │order is signed upon each │
│ │successful application. So not │
│ │a one off issue. │
│ │ │
│ │  │
│ │ │
│ │  │
│ │ │
│ │  │
├────────────────────────────────────────┴───────────────────────────────┤
│Investigating Officer Internal Review Assessment & Decision │
├─────────────────────────────────────┬──────────────────────────────────┤
│ 1. Request dealt with under correct │Yes, the request was about Council│
│ legislation - FOIA │Tax which is not environmental │
│ │information. │
├─────────────────────────────────────┼──────────────────────────────────┤
│ 2. Request processed within the │Yes │
│ statutory timescales? │ │
├─────────────────────────────────────┼──────────────────────────────────┤
│ 3. Exemptions correctly applied? │N/A │
├─────────────────────────────────────┼──────────────────────────────────┤
│ 4. Information requested was │Yes, the link to the liability │
│ provided. │order used by the Council was │
│ │provided. │
│ │ │
│ │  │
│ │ │
│ │I also note that your internal │
│ │review request asked for │
│ │additional information which was │
│ │not part of the original request │
│ │ │
│ │  │
│ │ │
│ │‘a copy if the Liability Order │
│ │template (signed by a judge) that │
│ │you provide debt collection │
│ │agencies to enable them to act on │
│ │your behalf and provide to alleged│
│ │debtors on request as evidence │
│ │that the Liability Orders exist.’ │
│ │ │
│ │  │
│ │ │
│ │Please see attached redacted copy │
│ │of a magistrate signed liability │
│ │order. │
│ │ │
│ │  │
│ │ │
│ │Section 40(2) Personal data third │
│ │party │
│ │ │
│ │  │
│ │ │
│ │Under section 40(2) by virtue of │
│ │section 40(3A) (a), personal data │
│ │of a third party can be withheld │
│ │if it would breach any of the data│
│ │protection principles to disclose │
│ │it. │
│ │ │
│ │  │
│ │ │
│ │Personal data is defined under the│
│ │Data Protection Act 2018 as data │
│ │that is biographical in nature, │
│ │has the applicant as its focus, │
│ │and/or affects the data subject’s │
│ │privacy in his or her personal, │
│ │professional or business life. │
│ │ │
│ │  │
│ │ │
│ │The Council has also considered │
│ │whether disclosure would │
│ │contravene Principle (a) of │
│ │Article 5(1) of the General Data │
│ │Protection Regulations - GDPR │
│ │which requires ‘information must │
│ │be processed fairly, lawfully and │
│ │in a transparent manner’. │
│ │ │
│ │  │
│ │ │
│ │This exemption applies to the │
│ │magistrate signature, debtors │
│ │Council Tax account number and │
│ │name and address, arrears due in │
│ │the attachment. │
│ │ │
│ │  │
│ │ │
│ │This is because the information is│
│ │personal data and disclosure would│
│ │contravene the first data │
│ │protection principle which │
│ │requires the Council to process │
│ │personal data fairly and lawfully.│
│ │ │
│ │  │
│ │ │
│ │In this case the individuals │
│ │concerned would have a reasonable │
│ │expectation that we would not │
│ │disclose personal data relating to│
│ │them - signature, CTAX account │
│ │number, name and residential │
│ │address, arrears due into the │
│ │public domain given that │
│ │disclosure under FOI is to the │
│ │world at large and will remain in │
│ │the public domain indefinitely.  │
│ │Also, there is no lawful │
│ │basis/legitimate interest to │
│ │disclose this information. │
│ │ │
│ │  │
│ │ │
│ │This is why any personal data has │
│ │been withheld and redacted from │
│ │the attachment under 40(2) by │
│ │virtue of section 40(3A) (a) of │
│ │the Freedom of Information Act │
│ │2000. │
├─────────────────────────────────────┼──────────────────────────────────┤
│ 5. Applicant received advice and │N/A │
│ assistance/informed about any │ │
│ delays. │ │
├─────────────────────────────────────┼──────────────────────────────────┤
│ 6. Additional comments about any │N/A │
│ difficulties involved with  │ │
│ handling of the request. │ │
├─────────────────────────────────────┼──────────────────────────────────┤
│ 7. Lessons learnt/process changes │N/A │
│ required, if applicable. │ │
│ │ │
│  │ │
├─────────────────────────────────────┼──┬───────────────────────────────┤
└─────────────────────────────────────┴──┴───────────────────────────────┘

 

You have the right to appeal to the Information Commissioners Office about
our decision.

Please contact the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone:   01625 545 700

[1]www.ico.org.uk

Yours sincerely,

Freedom of Information Team | Corporate Resources Directorate | Derby City
Council | The Council House| Corporation Street |Derby | DE1 2FS
|Tel: 01332 640763 | [2]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[3]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[4]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

══════════════════════════════════════════════════════════════════════════

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Dear FOI,

What you provided me with isn't a "Magistrates signed Liability Order". It's a header and footer from the 'List' sent by yourselves to the Magistrates. I've spoken with the court and they hold no records whatsoever of Liability Orders.

I requested you provide me with a copy of the actual Council Tax Liability Order template 'YOU USE'.
Not a 'Notification of liability order', or a copy of the list.

You are obviously avoiding complying with my request.

You now have 5 working days to either comply with my request or admit Liability Orders don't exist in physical form. If you fail I shall pass this case file to the ICO

Yours sincerely,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

══════════════════════════════════════════════════════════════════════════

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FOI, Derby City Council

Dear David,

We have approached the service with your comments and will revert back to you as soon as we can.

Kind regards

Freedom of Information Team | Corporate Resources Directorate | Derby City Council | The Council House| Corporation Street |Derby | DE1 2FS |Tel: 01332 640763 | www.derby.gov.uk

show quoted sections

FOI, Derby City Council

Dear David,

 

I have now heard back from the service and they have advised that nothing
further is held other than what has previously been provided.

 

Kind regards

 

Freedom of Information Team | Corporate Resources Directorate | Derby City
Council | The Council House| Corporation Street |Derby | DE1 2FS
|Tel: 01332 640763 | [1]www.derby.gov.uk

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
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Dear FOI,

What you provided me with isn't a "Magistrates signed Liability Order". It's a header and footer from the 'List' sent by yourselves to the Magistrates. I've spoken with the court and they hold no records whatsoever of Liability Orders.

I requested you provide me with a copy of the actual Council Tax Liability Order template 'YOU USE'.
Not a 'Notification of liability order', or a copy of the list.

You are obviously avoiding complying with my request therefore I have today passed this file to the ICO.

Yours sincerely,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
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message has been swept by Microsoft Office 365 for the presence of
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Dear Derby City Council,
I've been waiting since Februaryfor your reply.
You have failed and are breaking the law.
Please respond immediately.

Yours faithfully,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
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Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
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FOI, Derby City Council

2 Attachments

  • Attachment

    FOI559478856 Internal Review Decision Copy of Liability Order.html

    21K Download

  • Attachment

    FOI559478856 Copy LO signed example Redacted.pdf

    72K Download View as HTML

Dear David,

The response was sent to you on 10/2/23, please check your email inbox.

However, please see attached a copy of the response sent for your convenience.

Yours sincerely,

Freedom of Information Team | Corporate Resources Directorate | Derby City Council | The Council House| Corporation Street |Derby | DE1 2FS |Tel: 01332 640763 | www.derby.gov.uk

show quoted sections

Dear FOI,

Once again what you provided me with isn't a "Magistrates signed Liability Order". It's a header and footer from the 'List' sent by yourselves to the Magistrates. I've spoken with the court and they hold no records whatsoever of Liability Orders. Why is this the case?

I requested you provide me with a copy of the actual Council Tax Liability Order template 'YOU USE'.
Not a 'Notification of liability order', or a copy of the list.

You are obviously avoiding complying with my request.

Either comply/admit Liability Orders dont exist or we shall have the ICO take on this case.

Yours sincerely,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
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══════════════════════════════════════════════════════════════════════════

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FOI, Derby City Council

1 Attachment

Dear David,

The Council has provided you with the information requested.

The attached redacted liability order is the template used and was provided as part of the internal review decision sent to you on 10/2/23.

As advised in the internal review decision response you have the right to appeal to the Information Commissioners Officer about our decision.

The information Commissioners contact details are:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
https://ico.org.uk/

Yours sincerely,

Freedom of Information Team | Corporate Resources Directorate | Derby City Council | The Council House| Corporation Street |Derby | DE1 2FS |Tel: 01332 640763 | www.derby.gov.uk

show quoted sections

Dear FOI,

That isn't an individual liability order template but the header from a list.

The file has now been forwarded to the ICO

Yours sincerely,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

══════════════════════════════════════════════════════════════════════════

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FOI, Derby City Council

Dear David,

Thank you for your comments which have been noted.

We have nothing more to add to the response already provided.

Yours sincerely,

Freedom of Information Team | Corporate Resources Directorate | Derby City Council | The Council House| Corporation Street |Derby | DE1 2FS |Tel: 01332 640763 | www.derby.gov.uk

show quoted sections

Dear FOI,

Ignorance of the law is no defence.
We are uncovering the council tax scam.

The case is now in the hands of our legal team and the ICO.

Yours sincerely,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

══════════════════════════════════════════════════════════════════════════

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Dear Derby City Council,
You are late responding and are breaking the law!

Yours faithfully,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

══════════════════════════════════════════════════════════════════════════

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FOI, Derby City Council

Dear David,

The Council confirms it holds the information and we advised you on 11/4/23 that the response was sent to you on 10/2/23 and provided a copy of the response provided.

Section 21 – information reasonably accessible by other means

Under Section 21 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. This absolute exemption applies because the information is accessible and was sent to you on 10/2/23 and again on 11/4/23 , please search you email inbox.

You can ask for our decision to be reviewed under the Council’s FOI Complaints Procedure. Please send your appeal reasons within 40 working days to the …

Information Governance Officer (FOI)
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS
Telephone 01332 640763 or e-mail [Derby City Council request email] <<<mailto:[Derby City Council request email]>>>

You may also apply to the Information Commissioner for a decision under section 50 of the Act but he may decline to deal with your application if you have not followed the Council’s complaints procedure first.
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
https://ico.org.uk/

Freedom of Information Team | Corporate Resources Directorate | Derby City Council | The Council House| Corporation Street |Derby | DE1 2FS |Tel: 01332 640763 | www.derby.gov.uk

show quoted sections

Dear FOI,

You don't hold the information we requested and the reason this is so is because Liability Orders don't exist. The court simply acts as an administration office and holds no records of individual liability orders whatsoever. We believe the council prints and posts out its own 'notification of liability orders' illegally.

The ICO will be in touch and a press release will follow

Yours sincerely,

David Phillips

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

══════════════════════════════════════════════════════════════════════════

[2]Destination Derby - Vote for Derby

══════════════════════════════════════════════════════════════════════════

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

══════════════════════════════════════════════════════════════════════════

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

══════════════════════════════════════════════════════════════════════════

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FOI, Derby City Council

Dear David,

Thank you for your comments which have been noted.

The information held has been provided as advised.

Yours sincerely,

Freedom of Information Team | Corporate Resources Directorate | Derby City Council | The Council House| Corporation Street |Derby | DE1 2FS |Tel: 01332 640763 | www.derby.gov.uk

show quoted sections