Tribunal Authority, Jurisdiction and Legal Status

Dear Sian,

I refer to the standard council constitution clause stating:
"The Council or an officer acting as a tribunal or in a quasi-judicial manner or determining/considering (other than for the purpose of giving advice) the civil rights and obligations or the criminal responsibility of any person will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights."

Given the fundamental legal maxim 'nemo judex in causa sua' (no one should be a judge in their own cause), and its position as a cornerstone of natural justice, I hereby request under the Freedom of Information Act 2000:

1. The legal basis and authority under which HMCTS permits councils to use court rooms for tribunal hearings, given:
a) These are quasi-judicial rather than judicial proceedings
b) The council often acts as both claimant and tribunal authority, seemingly in contradiction to the 'nemo judex in causa sua' principle
c) How this arrangement complies with Article 6 ECHR requirements for an independent and impartial tribunal

2. Clarification of:
a) The jurisdiction (UK or England and Wales) under which tribunal officers are operating
b) The specific capacity in which tribunal officers are acting
c) The capacity in which they are treating the individuals appearing before them
d) How HMCTS ensures separation between the council's role as claimant and its role in tribunal proceedings

3. Regarding magistrates in tribunals:
a) The status and validity of their judicial oath when acting in tribunal proceedings
b) Whether their oath extends to quasi-judicial functions
c) The legal basis for exercising judicial authority in non-judicial tribunal settings
d) How their role ensures compliance with the principle of judicial independence when operating in council premises

4. Given tribunals are not courts of record (as confirmed in tribunal proceedings), please provide the legal framework that enables enforcement of their decisions

5. Regarding legal entity identity and jurisdiction:
a) The protocols HMCTS has in place when a claim is made by one legal entity (e.g., "Oldham Council" acting under UK law) but the decision is awarded to a different legal entity (e.g., "Oldham Metropolitan Borough Council" acting under England and Wales law)
b) The legal basis for enforcing decisions where the claimant and recipient entities operate under different jurisdictional frameworks
c) The verification procedures ensuring the enforcing entity has proper standing based on the original claim

For each response provided, please include references to the specific legislative provisions, statutory instruments, case law, or official documentation that supports your answer. Assertions without supporting documentary evidence cannot be considered complete responses under the Freedom of Information Act 2000.

Kind regards,

David Alexander.

Dear Siân,

Thank you for your response dated 13/03/25 requesting clarification regarding my FOIA request (250215005). I appreciate the opportunity to provide the specific details you require.

My inquiry specifically concerns Council Tax Liability Order hearings conducted in magistrates' courts. To address your specific points:

Tribunal Type: My request concerns the proceedings where billing authorities apply to magistrates' courts for Council Tax Liability Orders under the Council Tax (Administration and Enforcement) Regulations 1992. These are not formal tribunals per se, but proceedings where the council acts as applicant and the magistrates determine the application, which appears to align with the council's own constitutional clause regarding "acting as a tribunal or in a quasi-judicial manner."

Tribunal Officers: By "tribunal officers," I am referring to the magistrates who preside over Council Tax Liability Order hearings and the court clerks who advise them. I am specifically interested in their role and authority in these proceedings.

Magistrates' Role: I am referring to magistrates presiding over Council Tax Liability Order hearings. By "quasi-judicial functions," I mean their role in these administrative proceedings which, while conducted in court buildings, are not criminal proceedings but rather administrative determinations regarding civil obligations, as referenced in council constitutions.

Enforcement Framework: I am specifically requesting information on the legal framework for enforcing Council Tax Liability Orders. When requesting records of these orders from magistrates' courts, individuals are often directed to the council, suggesting the court may not maintain records of these orders despite being the issuing authority.

Legal Entity Clarification:

a) I am seeking information on how HMCTS ensures proper legal identity in Council Tax Liability Order proceedings. For example, when a council applies for an order under one legal title but enforcement is pursued under another legal entity name. e.g. Oldham Council or Rochdale Borough Council as claimant on the summons, Oldham MBC or Rochdale MBC awarded the liability orders.
b) By "jurisdictional frameworks," I am referring to the distinction between UK law and England & Wales law, and how this affects the validity of proceedings.
c) By "verification procedures," I am requesting information on what checks HMCTS has in place to ensure the enforcing entity has proper legal standing based on the original application.

Additional Context for Clarification:

I note that council constitutions typically contain clauses stating: "The Council or an officer acting as a tribunal or in a quasi-judicial manner or determining/considering (other than for the purpose of giving advice) the civil rights and obligations..." This suggests councils recognize their quasi-judicial role in certain proceedings.

Furthermore, the Judiciary website states regarding magistrates: "Civil proceedings in magistrates' courts: With about 5 million cases a year, the civil jurisdiction of magistrates' courts is the largest in terms of volume in the court system. Most of the cases involve the enforcement of civic financial liabilities: council tax, rates, child maintenance and the like."

I am specifically interested in recorded information regarding how "civil rights and obligations" (as referenced in council constitutions) are converted into "civic financial liabilities" (as referenced on the Judiciary website) within these proceedings, and what documented policies, procedures, or guidance HMCTS maintains regarding this distinction.

I am seeking recorded information such as policies, guidance documents, memoranda, or other records that address these questions, not legal advice or opinions.

Thank you for your assistance in processing this clarified request.

Kind regards

David Alexander.