header-logo header-logo

Harsh repayment terms

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll