Dear Billing Authority

Complaints to Magistrates for Council Tax (CT) Liability Orders.

Going as far back as is reasonable (eg 5 years), up to the most recent data available, Please could you provide me with a table of information under the following headings:-

1. Date Of hearing
2. Number of CT Accounts Listed on a Complaint
3. Total Court fee paid
4. length of hearing defended/undefended
5. Number of CT accounts Liability Order made against
6. Total costs awarded to Billing authority
7. Actual cost of preparing for and attending the hearing.

Yours faithfully,

Lady Fleming

FOI Team, Derbyshire Dales District Council

Thank you for emailing [Derbyshire Dales District Council request email].

Your request for information under the Freedom of Information Act
2000/Environmental Information Regulations 2004 has been received.

We will email you again shortly with a reference number once your enquiry
has been assigned to the relevant department.

Yours sincerely
FOI\EIR Team

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FOI Team, Derbyshire Dales District Council

Thank you for your request for information under the Freedom of
Information Act 2000 received on 05/02/2019, which has been passed to the
relevant section.

We aim to respond to all requests in a timely and prompt way and the
latest date for our response to your request for information should be on
or before 06/03/2019.

If you have any queries about this request please do not hesitate to
contact [Derbyshire Dales District Council request email]. Please quote reference number
FOI/3604/19 in any future correspondence.
 
[1]cid:image002.png@01D357B8.FA82EE40  All personal information provided
to Derbyshire Dales District Council will be held and treated in
confidence in accordance with the Data Protection Act 1998. It will only
be used for the purpose it was given. Some personal data may be shared
with trusted partners such as Serco and Arvato to enable the Council to
respond your request.

Yours sincerely
FOI\EIR Team

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FOI Team, Derbyshire Dales District Council

1 Attachment

Dear Lady Fleming

Thank you for your recent request for information under the Freedom of
Information Act 2000. The answer to your question is as follows:

Hello,

 

My response is below, along with the attached spreadsheet:

 

Please find attached an extract from an internal document which keeps a
record of the number of summonses issued for a court hearing for
non-payment of council tax and the number of liability orders obtained as
a result of those summonses which will hopefully enable you to get the
information you require.

 

 1. The date of the hearing is the date corresponding with the entry in
the L/Os column (it records the number of Liability Orders obtained at
a hearing).

 2. This will be the number in the “summonses” column (a summons will be
issued for each case on the complaint list).

 3. The fee paid to the court was £3 per summons for all years prior to
2018/19 and 50p for 2018/19.

 4. We do not keep a record of this.

 5. This is the figure in the L/Os column.

 6. I cannot give a guarantee that costs were awarded in each case but
assuming the costs we ask for, £50 in each case, were awarded the
total costs would be the number of Liability Orders granted multiplied
by £50

 7. We do not have details of this for a particular hearing. We have
calculated the average cost of applying for a Liability Order to be
approximately £50.

 

If you have any further queries regarding this, or would like to discuss
what you want in more detail, please contact the council’s Local Taxation
Manager, Steven King, directly: [email address] tel:
01629761261

 

Thanks,

This response has been provided by Steven King (Arvato),

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: Sandra Lamb, Head of Corporate
Services, Town Hall, Matlock Derbyshire DE4 3NN.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.
 
[1]cid:image002.png@01D357B8.FA82EE40  All personal information provided
to Derbyshire Dales District Council will be held and treated in
confidence in accordance with the Data Protection Act 1998. It will only
be used for the purpose it was given. Some personal data may be shared
with trusted partners such as Serco and Arvato to enable the Council to
respond your request.

Yours sincerely
Caroline Leatherday

Freedom of Information Officer
Derbyshire Dales District Council
Town Hall | Matlock | Derbyshire, DE4 3NN
tel (01629) 761100 | fax (01629) 761148

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Dear FOI Team,

Thank you for your prompt response with most of the information I have requested.

In your tables you provide the figures for summonses and there is a figure in brackets next to some of these figures. What is the figure in brackets?

For the dates of the hearings you have provided the number of the summonses or the number of liability orders. I wanted to see both numbers for each hearing as I wanted to see the number of enforcement orders you applied for but did not achieve.

In relation to defendants, do you keep any record anywhere of anyone wanting to state their case in front of the Magistrates in the 8 years you have given other information for? Perhaps you have notes of hearings of have been awarded extra costs or maybe costs have been awarded against you.

I would be very grateful to learn of anyone fully defending the liability Order, and the outcome.

Yours sincerely,

Lady Fleming

FOI Team, Derbyshire Dales District Council

Thank you for emailing [Derbyshire Dales District Council request email].

Your request for information under the Freedom of Information Act
2000/Environmental Information Regulations 2004 has been received.

We will email you again shortly with a reference number once your enquiry
has been assigned to the relevant department.

Yours sincerely
FOI\EIR Team

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The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.

This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.

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Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.

Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.
Do you really need to print out this e-mail? Be Green - keep it on the screen

FOI Team, Derbyshire Dales District Council

Thank you for your request for information under the Freedom of
Information Act 2000 received on 06/02/2019, which has been passed to the
relevant section.

We aim to respond to all requests in a timely and prompt way and the
latest date for our response to your request for information should be on
or before 07/03/2019.

If you have any queries about this request please do not hesitate to
contact [Derbyshire Dales District Council request email]. Please quote reference number
FOI/3607/19 in any future correspondence.
 
[1]cid:image002.png@01D357B8.FA82EE40  All personal information provided
to Derbyshire Dales District Council will be held and treated in
confidence in accordance with the Data Protection Act 1998. It will only
be used for the purpose it was given. Some personal data may be shared
with trusted partners such as Serco and Arvato to enable the Council to
respond your request.

Yours sincerely
FOI\EIR Team

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The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.

This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.

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The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.

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FOI Team, Derbyshire Dales District Council

Dear Lady Fleming

Thank you for your recent request for information under the Freedom of
Information Act 2000. The answer to your question is as follows:

The figures in brackets would have referred to the number of cases the
summonses issued related to (where two people are jointly and severally
liable to pay the council tax two summonses will be issued (one for each
person) but only one application will be made for costs of £50 i.e. where
two people are liable to pay we will have to pay for two summonses to be
issued but only ask for one set of costs).

 I apologise if I didn’t make it clear what the spreadsheet was showing
(it is only meant as an internal reference document and I can see now how
unclear it might be to someone viewing it externally) but for each hearing
there will be two rows: one for the summonses issued and one for the
Liability Orders obtained at the hearing with the two courts we use being
at Chesterfield (CH) and Derby (DE). So for each row showing an entry for
the number of liability orders obtained there will be a preceding row
showing the number of summonses issued e.g. in 2015_15 there were 692
summonses issued (for507 cases) on 12/02/15 for ahearing on 04/03/15 at
Chesterfield during which 349 Liability Orders were granted.

 I am afraid that we do not keep a record of anyone wanting to state their
case in front of the magistrates. We have not had any costs awarded
against us or have had additional costs awarded (we would not ask for them
except in cases where a separate hearing had had to be set aside to hear
the case (we haven’t had any of those in the last 8 years) in the last 8
years. I am not aware of any cases where someone has successfully defended
an application (we would always interview anyone attending court prior to
the hearing and if there is anyone who appears to have a situation that we
were not aware of that we would want to investigate further we would tend
to withdraw the application so that we could investigate the additional
information provided. To the best of my knowledge in every case where this
has happened we have resolved the issue without having to re-apply for a
liability Order).

 I hope this gives you the information you require but please do come back
to us if you require any further clarification or information.

Thanks,

 

This response has been provided by Steven King (Arvato),

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: Sandra Lamb, Head of Corporate
Services, Town Hall, Matlock Derbyshire DE4 3NN.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.
 
[1]cid:image002.png@01D357B8.FA82EE40  All personal information provided
to Derbyshire Dales District Council will be held and treated in
confidence in accordance with the Data Protection Act 1998. It will only
be used for the purpose it was given. Some personal data may be shared
with trusted partners such as Serco and Arvato to enable the Council to
respond your request.

Yours sincerely
Caroline Leatherday

Freedom of Information Officer
Derbyshire Dales District Council
Town Hall | Matlock | Derbyshire, DE4 3NN
tel (01629) 761100 | fax (01629) 761148

Sign up for email updates about special promotions and any changes to our services at www.derbyshiredales.gov.uk/enewsreg

The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.

This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.

Information on how Derbyshire Dales District Council use your data and our Privacy Policy can be found at http://www.derbyshiredales.gov.uk/your-c...

If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation

Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.

Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.
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