header-logo header-logo

02 March 2018 / Nicholas Dobson
Issue: 7783 / Categories: Features , Public
printer mail-detail

Harsh repayment terms

nlj_7783_dobson

Nicholas Dobson examines the scenario of unlawful prison for council tax default

  • The regime for enforcement of non-payment of council tax was not systemically unfair and unlawful.

  • However, magistrates and authorities need to have careful regard to material statutory requirements.

Local authorities provide local governance, functions and services by statute. Many aim to be customer-friendly bodies in the manner of various private providers. However, there is a significant difference between local authority and private services. For with commercial firms, consumers can choose what and whether to buy and from whom. However, local authorities as monopoly providers of core functions, demand payment of council tax whether or not anyone liable for it uses or benefits from any of their services. Furthermore, failure to pay can result in statutory recovery options including (in the case of wilful refusal or culpable neglect) commitment to prison for up to three months.

Prison is of course a harsh recovery sanction and a January 2017 judicial review decision illustrated where magistrates’ courts and authorities can go wrong in imposing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll