Manipulating Council Tax court costs to plug a budget gap

The request was successful.

kasturba Lalbhai

Dear Chiltern District Council,

In reference to paragraphs 69-74 of ANNEX A of the below document:

http://taxpayersagainstpoverty.org.uk/wp...

Paragraph 70 states:

"The report set out how, over a four year period, it could raise additional income of an estimated £49.5k in the first year rising to nearly £97.4k by the fourth based on recovery activity projected over that period by introducing costs on the issue of summonses and incrementally increasing the overall amount over the four years. [Chiltern District Council] has gone from levying no charge on issuing the summons to charging £65 which is 52% of its current total £125 costs for obtaining a liability order in the Magistrates’ Court in council tax cases."

Paragraph 71 states:

"The level of costs should be realistic but reflect the fact that we do not believe in principle that it is fair to pass on the costs of recovery from the few people who default on payment of Local Taxes to the vast majority who do not. Most of the costs the Council incurs arise from the application for a liability order at Court and the additional work required to secure payment once we have the liability order.”

The council proposed front loading court costs for obtaining a Council Tax liability order to the costs of issuing a summons in order to generate additional income and also implied it included expenditure incurred after the liability order has been obtained. Attributing this expenditure artificially inflates court summons costs which law does not permit. The law requires that the costs claimed are properly referable to the enforcement process (See paragraphs 35 and 50 of the High Court judgment in Nicolson v Tottenham Magistrates [2015]) http://www.bailii.org/ew/cases/EWHC/Admi...

Please disclose all recorded details held by the Council relating to the relevant legal officer's involvement in overseeing the proposal to include expenditure in the Council Tax court summons costs charged to the Borough's residents for the above stated purpose.

Yours faithfully,

kasturba Lalbhai

sulemaan akhtar,

King George V House, King George V Road
Amersham, Buckinghamshire, HP6 5AW
Email: [1][email address]
www.chiltern.gov.uk
 
 

CHILTERN AND SOUTH BUCKS DISTRICT COUNCILS
--------------------------------------------------------------------------
   
Date: 19/04/2017
e-mail:
For the attention of: kasturba Lalbhai
Our Ref: FOI 16178
 
   
   
Dear Sir / Madam

Thank you for your email requesting information under the provisions of
the Freedom of Information Act 2000 which provides a ‘right of access’ to
recorded information.

This is to acknowledge receipt of your valid request. A guide to
information that is held is contained in the Chiltern District Council
Publication Scheme via the following link

[2]http://www.chiltern.gov.uk/CHttpHandler....

The Council will send you a response to your request in due course.

Yours faithfully
 
 
 
CHILTERN DISTRICT COUNCIL
[3][email address]

References

Visible links
1. mailto:[email address]
2. http://track.vuelio.uk.com/z.z?l=aHR0cDo...
3. mailto:[email address]

Chiltern District Council

2 Attachments

King George V House, King George V Road
Amersham, Buckinghamshire, HP6 5AW
Email: [1][email address]
www.chiltern.gov.uk
 
 

CHILTERN AND SOUTH BUCKS DISTRICT COUNCILS
--------------------------------------------------------------------------
   
Date: 26/04/2017
e-mail:
For the attention of: kasturba Lalbhai
Our Ref: FOI 16178
 
   
   
Dear Sir

Thank you for your request under the provisions of the Freedom of
Information Act 2000, where you asked for information regarding legal
officers involvement.

We are writing to inform you that we have searched our records and the
information you requested is not held by Chiltern District Council. Legal
officer's advice is destroyed in accordance with corporate document
retention polices after six years and therefore advice dating back 7 years
to March 2010 has been destroyed.

We hope this answers your questions, but if not, you can contact us
(details below) with your query quoting the FOI number at the top of this
page. You can also seek an internal review of your request if you remain
unhappy with the outcome. Ultimately you can complain to the Information
Commissioner should you remain dissatisfied, having exhausted the
authority's internal review procedures. If you would like more information
about the role and work of the Information Commissioner go to the website
[2]www.ico.gov.uk.

Yours faithfully
 
 
 
CHILTERN DISTRICT COUNCIL
[3][email address]

References

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1. mailto:[email address]
2. http://track.vuelio.uk.com/z.z?l=aHR0cDo...
3. mailto:[email address]

kasturba Lalbhai

Dear Chiltern District Council,

You have stated that the Legal officer's advice has been destroyed in accordance with corporate document retention polices after six years. I wonder if the policy referred to also includes the destruction of other council papers such as cabinet documents etc.?

I have found the document referred to in my request which indicates that there was a risk assessment carried out. Presumably the legal officer had some involvement in that. The document has obviously not been destroyed so wonder if another more thorough check might reveal something relevant to my request.

https://isa.chiltern.gov.uk/democracy/do...

Yours faithfully,

kasturba Lalbhai

Chiltern District Council

2 Attachments

King George V House, King George V Road
Amersham, Buckinghamshire, HP6 5AW
Email: [1][email address]
www.chiltern.gov.uk
 
 

CHILTERN AND SOUTH BUCKS DISTRICT COUNCILS
--------------------------------------------------------------------------
   
Date: 05/05/2017
e-mail:
For the attention of: kasturba Lalbhai
Our Ref: FOI 16201
 
   
   
Dear Sir

REQUEST FOR INFORMATION

Further to our acknowledgement to your email requesting information under
the provisions of the Freedom of Information Act 2000 we are providing you
with our response.

REQUEST

Re: Information not held Dear Chiltern District Council, You have stated
that the Legal officer's advice has been destroyed in accordance with
corporate document retention polices after six years. I wonder if the
policy referred to also includes the destruction of other council papers
such as cabinet documents etc.? I have found the document referred to in
my request which indicates that there was a risk assessment carried out.
Presumably the legal officer had some involvement in that. The document
has obviously not been destroyed so wonder if another more thorough check
might reveal something relevant to my request.

RESPONSE

Please refer to the following link for details of Cabinet Agendas reports,
minutes that is already published as well as all other public committee
documentation.

[2]https://isa.chiltern.gov.uk/democracy/mg...

We hope this answers your questions, but if not, you can contact us
(details below) with your query quoting the FOI number at the top of this
page. You can also seek an internal review of your request if you remain
unhappy with the outcome. Ultimately you can complain to the Information
Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
should you remain dissatisfied, having exhausted the authority's internal
review procedures. If you would like more information about the role and
work of the Information Commissioner go to the website [3]www.ico.gov.uk

Yours faithfully
 
 
 
CHILTERN DISTRICT COUNCIL
[4][email address]

References

Visible links
1. mailto:[email address]
2. http://track.vuelio.uk.com/z.z?l=aHR0cHM...
3. http://track.vuelio.uk.com/z.z?l=aHR0cDo...
4. mailto:[email address]

sulemaan akhtar,

King George V House, King George V Road
Amersham, Buckinghamshire, HP6 5AW
Email: [1][email address]
www.chiltern.gov.uk
 
 

CHILTERN AND SOUTH BUCKS DISTRICT COUNCILS
--------------------------------------------------------------------------
   
Date: 05/05/2017
e-mail:
For the attention of: kasturba Lalbhai
Our Ref: FOI 16201
 
   
   
Dear Sir / Madam

Thank you for your email requesting information under the provisions of
the Freedom of Information Act 2000 which provides a ‘right of access’ to
recorded information.

This is to acknowledge receipt of your valid request. A guide to
information that is held is contained in the Chiltern District Council
Publication Scheme via the following link

[2]http://www.chiltern.gov.uk/CHttpHandler....

The Council will send you a response to your request in due course.

Yours faithfully
 
 
 
CHILTERN DISTRICT COUNCIL
[3][email address]

References

Visible links
1. mailto:[email address]
2. http://track.vuelio.uk.com/z.z?l=aHR0cDo...
3. mailto:[email address]