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LPA 1925 s.136 Deed of Assignment

J. Ross made this Freedom of Information request to Maidstone Borough Council

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Dear Maidstone Borough Council,

LPA 1925 s.136 Deed of Assignment

1.Does your council tax billing authority assign information and data to any partnership service provider or other organisation for the purpose of collection and enforcement of council tax.
2.Please provide a list and give the precise name and/ or company number you have a data sharing policy with. If this is an internal partnership, provide the name of the partnership and department within this partnership and confirm who you share these services with and how they are authorised and who by to process and share this data.
3. Do you give notice of this assignment to the data subject whose data has been assigned or does your assignee give notice instead. And at which stage is a data subject's data processed and shared with your agents.
4.What chose in action and upon which assignment is a claim bought by the council and/or your agents for enforcement. Please state whether the council billing authority agency or other service provider agent is bringing the claim on behalf of your council, in the name of the Council.
5. Please provide the precise sections of the acts,rules and regulations that confirms payment of council tax is mandatory.

Yours faithfully,

J. Ross

Complaints & FOI (MBC), Maidstone Borough Council

1 Attachment

Date: 04/03/2021
Ref: FOI/4006

Dear J. Ross

FREEDOM OF INFORMATION ACT REQUEST

I am writing to confirm that the Council has now completed its search for the information you requested.

A copy of the information is enclosed.

If you have any queries about this letter, please contact me. Please remember to quote the reference above in any future communications.

If you are unhappy with the service you have received in relation to your request and wish to request a review of our decision, please respond to this email and I will pass it on to Mid Kent Legal Services to conduct a review. Please ensure you outline your reasons for requesting a review.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours Sincerely

FOI Team
Policy and Information
Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent
ME15 6JQ
w www.maidstone.gov.uk

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Dear Maidstone Borough Council,

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

I am writing to request an internal review of Maidstone Borough Council's handling of my FOI request 'LPA 1925 s.136 Deed of Assignment'.

Please review your answers and confirm where the word "debt" has been used and provide the exact part in section 21 of the Local Government Finance Act 1992 link you are stating that it confirms payment of council tax is mandatory.

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,

J. Ross

Complaints & FOI (MBC), Maidstone Borough Council

Date: 26/03/21
Ref: FOI/4006

Dear J. Ross

Thank you for your request for an internal review. I have passed this on to Mid Kent Legal Services to review your request and the response. You will receive a response within 20 working days.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. https://ico.org.uk/

Yours sincerely,

Complaints & FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

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Gary Rowland,

Dear J Ross

 

Review of FOI #4006 – LPA 1925 s.136 Deed of Assignment

 

I have considered your request for review, dated 24 March 2021. The
purpose of an Internal Review is to assess how your Freedom of Information
request was handled in the first instance and to determine whether the
original decision given to you was correct.

 

Your request for review stated:

 

I am writing to request an internal review of Maidstone Borough Council's
handling of my FOI request 'LPA 1925 s.136 Deed of Assignment'.

 

Please review your answers and confirm where the word "debt" has been used
and provide the exact part in section 21 of the Local Government Finance
Act 1992 link you are stating that it confirms payment of council tax is
mandatory.

 

Your initial request asked for the following information:

 

LPA 1925 s.136 Deed of Assignment

 

1.Does your council tax billing authority assign information and data to
any partnership service provider or other organisation for the purpose of
collection and enforcement of council tax.

2.Please provide a list and give the precise name and/ or company number
you have a data sharing policy with. If this is an internal partnership,
provide the name of the partnership and department within this partnership
and confirm who you share these services with and how they are authorised
and who by to process and share this data.

3. Do you give notice of this assignment to the data subject whose data
has been assigned or does your assignee give notice instead. And at which
stage is a data subject's data processed and shared with your agents.

4.What chose in action and upon which assignment is a claim bought by the
council and/or your agents for enforcement. Please state whether the
council billing authority agency or other service provider agent is
bringing the claim on behalf of your council, in the name of the Council.

5. Please provide the precise sections of the acts,rules and regulations
that confirms payment of council tax is mandatory.

 

The Council issued the following response:

 

Questions 1 – 4

 

We do not hold any information for questions 1-4. This is because The Law
of Property Act 1925 is not applicable to Council Tax debt.

 

Question 5

 

Under section 21 of the Act, I am not required to provide information if
it is already reasonably accessible to you. This information is available
here: [1]https://www.legislation.gov.uk/ukpga/199...

 

Response

 

I have fully considered both your request for information and the
Council’s subsequent response and I can confirm that I uphold the
Council’s response.

 

The purpose of the Freedom of Information Act is to provide public access
to information held by public authorities. The Council has confirmed that
in relation to questions 1 to 4 the information is not held and in
relation to question 5, the Council has confirmed that under the section
21 exemption, the information does not have to be provided when it is
reasonably accessible elsewhere. I am satisfied that the Council has
responded to your request correctly.

 

In your request for review you have asked for the following clarification:

 

o confirm where the word "debt" has been used; and
o provide the exact part in section 21 of the Local Government Finance
Act 1992 link you are stating that it confirms payment of council tax
is mandatory.

 

In relation to your first point, I am unclear as to what you mean by
“confirm where the word debt has been used”. Please can you provide
further clarification.

 

In relation to your second point, as explained in the Council’s original
response, the Council is not required to provide information that is
reasonably available elsewhere under the section 21 exemption. The link to
the relevant Act has been provided and I am satisfied that this is
reasonably accessible to you.   

 

If you are not content with the outcome of your review, you may apply
directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Kind regards

 

Gary Rowland

Senior Lawyer (GCILEx) - Corporate Governance

Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough
Councils

Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10
3HT

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ

Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells,
TN1 1RS

Tel: (01622) 602276   Email: [2][email address]

[3]www.swale.gov.uk     
[4]www.maidstone.gov.uk       [5]www.tunbridgewells.gov.uk

 

The contents of this e-mail, together with any attachments, may be
confidential or subject to legal professional privilege.  It should not be
shared with anyone without first consulting Mid Kent Legal Services. 

If you are not the intended recipient, please do not forward this email or
the attachments to anybody.  Please notify the sender and delete all
copies of this email from your system.

 

 

References

Visible links
1. https://www.legislation.gov.uk/ukpga/199...
2. mailto:[email address]
3. http://www.swale.gov.uk/
4. http://www.maidstone.gov.uk/
5. http://www.tunbridgewells.gov.uk/

We don't know whether the most recent response to this request contains information or not – if you are J. Ross please sign in and let everyone know.