ouncil tax payment allocation in accordance with R. v Miskin Lower Justices [1953]

S Staffordson made this Freedom of Information request to Blaby District Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Blaby District Council did not have the information requested.

Dear Blaby District Council,

The Council makes the statement quoted below from the document link (re, FOI-17-1583):

https://www.whatdotheyknow.com/request/e...

"The authority uses Northgate software to administer council tax and collection. The software has 26 rules that it applies to payments to decide where to allocate a payment that is made and to which specific debt or period.... If the payment receipt does not fit any of these rules then our optional final rule is to allocate the payment to the oldest debt first. This process/procedure was agreed in 2012."

The above does not agree with the judgment in the case of R. v Miskin Lower Justices (see below link to the judgment):
https://tinyurl.com/y4fka5a8

The judgment clarifies the position in cases where a creditor (and a court) has to make a decision as to which account payment should be allocated when a debtor has one account more burdensome for him than another and his payment is unspecified.

Essentially what can be taken from the judgment is that where a debtor makes no reference as to where the payment should be allocated then the creditor must allocate the payment to the account which it is most beneficial to the debtor to reduce.

Q1. Where did the council obtain the information regarding the appropriation of payments case law which conflicts with the judgment in R. v Miskin Lower Justices [1953]?

Q2. Please provide any background papers relating to the decision/agreement made in 2012, i.e. to allocate non-matching payments to the oldest debt first.

Yours faithfully,

S Staffordson

Freedom of Information Mailbox, Blaby District Council

Dear S Staffordson,

Freedom of Information Request – FOI-20-1099

I acknowledge your request for information. Your request is now being considered and you will receive a response within 20 working days, as defined by the Act.This is subject to the information not being exempt or containing a reference to a third party.

** We are currently working with limited resources and therefore it may not be possible to respond within the usual timeframes, however we will do our best to respond as soon as possible **

Responses to requests for information are sent by email, using normal font size, unless you have requested otherwise. If you do have any particular requirements for the format of our response (including for re-useable formats), please do let us know.

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If you have any queries or concerns, please contact me quoting the above reference number.

Yours sincerely,

Emily Henderson
Information Governance Officer
Blaby District Council
[email address]

Telephone: 0116 272 7592
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Freedom of Information Mailbox, Blaby District Council

Dear S Staffordson,

Freedom of Information Request – FOI-20-1099

Please find below a response to your request for information, which was received on 06/10/2020, and has been dealt with under the Freedom of Information Act 200 (“the Act”).

Q1. Where did the council obtain the information regarding the appropriation of payments case law which conflicts with the judgment in R. v Miskin Lower Justices [1953]?

A: The Council has no information on this & where a payment doesn't match the debt exactly it will allocate to the oldest debt first

Q2. Please provide any background papers relating to the decision/agreement made in 2012, i.e. to allocate non-matching payments to the oldest debt first.

A: No such papers exist, this decision was made to continue this practice when we changed software system & payments had been allocated this way since the start of Council Tax in 1993

The information provided in response to Freedom of Information requests is subject to copyright protection. Where the copyright is owned by Blaby District Council, re-use is permitted in accordance with the terms of the Open Government Licence. However, we do ask that you attribute the information to Blaby District Council when re-using it.

Where third party copyright is identified, you will need to contact the copyright owner directly should you wish to re-use their information.

Should you be unhappy with the way your request has been handled you can ask for an internal review by emailing: [email address]. The Legal and Information Governance Officer will then arrange a review of your case.

If you are not happy with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. For more information, please visit: www.ico.org.uk.

If you have any further queries, please email [email address] quoting the above reference number.

Yours sincerely

Information Governance Team, Blaby District Council

To find out about how we use the personal information you have supplied us please review our privacy notice on our website.

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Dear Freedom of Information Mailbox,

Please see an amended FoI request.

When a decision is made with potentially legal implications the council is required to consult the Monitoring Officer and such procedures should be formally recorded. A decision that requires setting the parameters of a council tax payment processing system to automatically allocate non-specific payments to the oldest account rather than to the in-year account is one such decision.

If the proper legal process was followed when the decision was made then there will be a record of it comprising a background outlining the relevant legal requirements and risk assessment highlighting the degree to which the council would be exposed to legal challenge if not complied with. The following is an example of the kind of assessment that should have been documented.

https://democracy.npt.gov.uk/documents/s...

Please provide any background papers relating to the decision/agreement made in 1992, i.e. to allocate non-matching payments to the oldest debt first.

Yours sincerely,

S Staffordson

Freedom of Information Mailbox, Blaby District Council

Dear S Staffordson,

Freedom of Information Request – FOI-20-1153

I acknowledge receipt of your request for information which was received on the 15/10/2020.

Your request is being considered under the Freedom of Information Act 2000 (“the Act”) and will be responded to within 20 working days, as defined by the Act. This is subject to the information not being exempt or containing a reference to a third party.

Responses to requests for information are sent by email, using normal font size, unless you have requested otherwise. If you do have any particular requirements for the format of our response (including for re-useable formats), please do let us know.

For more on how the Council handles requests, including where exemptions may apply or when fees are payable, please visit our website at: https://www.blaby.gov.uk/your-council/da....

If you have any queries or concerns, please contact the Information Governance Team on 0116 272 7678 or by emailing [email address].

Yours sincerely

Information Governance Team, Blaby District Council

To find out about how we use the personal information you have supplied us please review our privacy notice on our website.

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Freedom of Information Mailbox, Blaby District Council

Dear S Staffordson,

Freedom of Information Request – FOI-20-1153

I write in response to your request for information, which was received on 15/10/2020, and has been dealt with under the Freedom of Information Act 2000 (“the Act”).

Blaby District Council does not hold the information you have requested.

Should you be unhappy with the way your request has been handled you can ask for an internal review by emailing: [email address]. The Legal and Information Governance Officer will then arrange a review of your case.

If you are not happy with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. For more information, please visit: www.ico.org.uk.

If you have any further queries, please email [email address] and quote the above reference number.

Yours sincerely

Information Governance Team, Blaby District Council

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