Councils & auditors maximise council tax court costs against sick, disabled, hungry & benefit sanctioned residents
An anonymous person (AP) provided some very helpful information about Haringey Council's council tax court costs in 2013 while I was preparing to take Tottenham Magistrates and The London Borough of Haringey to Judicial Review. They had refused to tell me, or anyone else, on the 2nd August 2013 how they arrived at the £125 costs they charged when they imposed a council tax liability order.
The Haringey Independent had written about the case AP had posted some very useful comments which was used in my witness statement. I won the case in the High Court. Mrs Justice Andrews DBE telling the council and the magistrates that their refusal to tell me was "Indefensible" and declaring my liability order unlawful.
I was never able to find the AP. This year I was interviewed by the TV programme "Windows on the World" . I broadcast a request for AP to get in touch.
He just has; he turns out to be Neil Gilliat, who lives in Lincolnshire, and who has been researching the wide wide variety of ways councils attempt to comply with the Council Tax (Adminstration and Enforcement) 1992 (section 34)
Councils are allowed to charge costs "reasonably incurred" in obtaining a liability order; they have many interpretaions of "reasonably". Haringey and their auditors Grant Thornton, a large international company of accountants who are paid by Haringey to audit the council's accounts, soften thiose strict regulations by "maximising" their costs, or calling them "not unresonable" and "broadly reasonable" . The costs of a liability order the council is allwed by the magistrates may not, in law, be an additional tax or a penalty.
With the support of Grant Thornton Haringey Council have sailed too close to the wind by calculating costs to be near to over the limit without considering the vulnerable circumstances of many of the 20,000 residents who are summoned to court for council tax arrears whose ccircumstances and incomes are already below the minimum needed for healthy living. The liability orders are awarded the council by the magistrates 1000s at a time in the absence of the late or non paying resident who might be sick, disabled or have no income due to a benefit sanction or have beenrecently evicted due to ever rising rents.
Reverend Paul Nicolson v Grant Thornton Appeal No C1 2016 1096
my answers to Grant Thornton's opposition to my appeal being heard.
That is why I am trying to take my case against the Auditors to the Civil Court of Appeals. Neil Gilliat has kindly provided his research as a witness statement in my case, with the index below. Click on the heading below if you want to see whether your council is among the councils he has researched with FOI questions or from their websites. Law is meant to be applied consitently thoughout the UK!!!
The courts costs Magistrates allow 47 local authorites to charge late and non payers of council tax - research by Neil Gilliatt.
INDEX A |
||
Front loading and manipulating composition of summons/liability order costs |
3 | |
Newham Borough Council (NBC) | 3 | |
Records of previous year’s cost levels | 4 | |
Where majority of costs are incurred | 5 | |
Haringey Borough Council | 5 | |
North East Lincolnshire Council | 6 | |
Wycombe Council | 7 | |
Eastleigh Borough Council | 10 | |
Westminster City Council | 13 | |
West Somerset District Council | 18 | |
Barking and Dagenham Borough Council | 20 | |
Chiltern District Council | 20 | |
Adding costs to defendants’ accounts prior to the court hearing the case |
22 | |
Brent Borough Council | 22 | |
Oxford City Council | 24 | |
Basingstoke and Deane Borough Council | 24 | |
Public consultations / budget savings / budget targets |
25 | |
Great Yarmouth Borough Council | 25 | |
North East Lincolnshire Council | 38 | |
Gateshead Council | 41 | |
Blaby District Council | 41 | |
Nuneaton & Bedworth Council | 42 | |
Dartford Borough Council | 43 | |
Durham County Council | 43 | |
Haringey Borough Council | 43 | |
Canterbury City Council | 44 | |
North East Lincolnshire Council | 45 | |
Hull City Council | 45 | |
Accounting inconsistently for interest in respect of recovery |
46 | |
Redcar & Cleveland Borough Council | 46 | |
Leicester City Council (Leicestershire and Rutland authorities) | 47 | |
Inconsistencies in calculations produced by the four authorities | 51 | |
View held that costs in respect of the court application should extend to all expenditure attributable to recovery and enforcement |
52 | |
Wigan Metropolitan Borough Council | 52 | |
Waltham Forest Borough Council | 53 | |
North East Lincolnshire Council | 53 | |
Discriminatory costs based on level of outstanding debt / benefit claimants |
56 | |
Hull City Council | 56 | |
Billing authorities having two-tier system |
60 | |
Harlow District Council | 60 | |
Nottingham City Council | 60 | |
Rutland County Council | 61 | |
Harrow Borough Council | 62 | |
All authorities using the same Court having the same level of costs |
63 | |
Fareham Borough council | 63 | |
Brentwood Borough council | 64 | |
Economies of scale |
64 | |
Reigate and Banstead Borough Council | 65 | |
Pre and post Welfare Reform | 67 | |
Nuneaton and Bedworth Borough Council | 68 | |
North East Lincolnshire Council | 68 | |
Peterborough City Council | 69 | |
Kirklees Borough Council | 69 | |
Leeds City Council | 69 | |
Manchester City Council | 70 | |
Nottingham City Council | 70 | |
Insufficient staff / time to complete volume of work claimed |
70 | |
Sandwell Metropolitan Borough Council | 71 | |
Luton Borough Council | 71 | |
Neighbouring authorities preferring standard levels of costs | 74 | |
Northumberland County Council / North Tyneside Council | 74 | |
INDEX B |
||
A focus on North East Lincolnshire Council |
77 | |
Determining costs imposed before case is heard | 77 | |
Increasing and applying hearing Costs in respect of instituting the summons | 78 | |
Income Generation – Public Consultation on 2011 Budget | 79 | |
Resolve issues caused by IT system failures | 83 | |
Encouraging behaviour (deterrent / penalty) | 83 | |
Breakdown of costs (£1.13m) | 84 | |
Recovery Staff salaries accounted for | 87 | |
Inseparable costs | 89 | |
Composition of Council Tax Summons / liability Order costs | 90 | |
Establishing Costs – A ratio Perspective | 91 | |
Council/court relationship and dereliction of duty | 92 | |
Defective Summons Documents | 95 | |
Disproportionate number of households receiving summonses | 95 |