NNDR Credits

lacey marshall made this Freedom of Information request to Rushcliffe Borough Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

Response to this request is long overdue. By law, under all circumstances, Rushcliffe Borough Council should have responded by now (details). The person who made the request can complain by requesting an internal review.

lacey marshall
Delivered

Dear Rushcliffe Borough Council,

we seek to receive certain detailed reports under the Freedom of Information Act 2000 (c.36). Could you please reply to me with the following report attached:
- Unclaimed business rate credit balances.
We are cognizant of the fact that Billing Authorities hold on account sums of money that are due to be returned to ratepayers and for a variety of reasons have not been repaid.
I therefore request a breakdown of credit balances accrued since your earliest records, for the amounts owing to all incorporated companies within your authority's billing area, including the following information:
A. The legal name of each business in respect of which non-domestic rate credit balances remain payable
B. The value of overpayment in each case which remains unclaimed
C. The years(s) in which overpayment was made
D. The hereditament address
E. The legal name of each business in respect of which non-domestic rate credit balances have been written back on to the NDR account
F. The value of write back in each case which remains unclaimed
G. The years(s) in which the write back was made (if available)
H. The hereditament address that the write back relates to
We look forward to working with you in sourcing the information we require
If you have any questions or comments pertaining to our request, please don't hesitate to contact me directly.

Yours faithfully,

lacey marshall

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Customerservices, Rushcliffe Borough Council

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Yours sincerely,

 

Rushcliffe Borough Council

 

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Clare Asti, Rushcliffe Borough Council

Dear Lacey,

I refer to your Freedom of Information request received on 30 April 2018. We currently have no credits on business rates accounts. We are proactive at identifying and refunding credits accordingly.

I am unable to provide the value of the write back as this information is exempt from disclosure under Section 31(1)(a) - Law enforcement. Disclosure of this information would be likely to prejudice the prevention or detection of crime.

Section 31(1)(a) is a qualified exemption, and therefore is subject to the Public Interest Test. Section 31(1)(a) provides an exemption where prejudice could be caused to allow potential fraudsters to use the information to identify business entities which were entitled to claim credits on their accounts. Once such a business had been identified, there would be a number of avenues open to the fraudsters to seek to obtain funds. The Council considers the public interest in withholding the information therefore outweighs the public interest in disclosing it.

In refusing your request the Council relies on the Information Commissioner’s Office decision notice dated 6 February 2017 (FS50619844) where it was found that Wandsworth Council was entitled to refuse a request for information about credit balances on its business rate accounts because the section 31(1)(a) exemption "was engaged and the public interest in maintaining the exemption outweighed the public interest in disclosing it".

If you are dissatisfied with this response you may make a complaint which will be considered internally. If you still remain dissatisfied you have a right of appeal to the Information Commissioner: FOI/EIR Complaints Resolution, Information Commissioner's Office, Water Lane, Wilmslow, Cheshire SK9 5AF.

Kind Regards

Clare Asti
Legal Assistant
pp Ian Norman
Legal Services Manager

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