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ACORN Cymru

ACORN Cymru

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ACORN Cymru contains the Cardiff branch of ACORN the union, as well as many other members in other towns and cities across Wales, all fighting campaigns on the issues that matter to them. Join in with an action near you so we can win.

We are stronger together.

ACORN Cymru contains the Cardiff branch of ACORN the union, as well as many other members in other towns and cities across Wales, all fighting campaigns on the issues that matter to them. Join in with an action near you so we can win.

We are stronger together.

Wales - People Over Bailiffs - Fix Council Tax!

The Welsh government is running a consultation on the administration and enforcement of council tax in the country. This is an opportunity for us to shape the direction of council tax collection. This includes the use of bailiffs, a long time enemy of ACORN members everywhere!

ACORN regional leadership have developed an ambitious response to the ongoing consultation and will seek to influence it as much as possible. We want to see an end to council tax, to bailiff use, and a system that supports people and doesn’t punish them.

This consultation is a small part of a conversation, a campaign, and a fight that WE WILL WIN.

Here is some more detail and guidance.

I support ACORN's position on the Welsh Government consultation 'Improving the administration and enforcement of Council Tax in Wales' and am happy for ACORN to fill the consultation out on my behalf. 

 

ACORN's position in detail - 

Question 4

The Welsh Government proposes that councils should always issue at least one reminder notice to households each time a Council Tax instalment is missed.

 

Do you agree with this proposal?

 

Multiple choice answer: Yes

Comments: This is an important step in giving households the opportunity to address their debt early before it escalates to court action. Reminder notices should include clear instructions on how to contact the council to discuss the debt, and should signpost to local debt advice services.

 

Question 5

The Welsh Government proposes that councils should always issue a final notice for a missed instalment if the household does not pay after receiving at least one reminder notice. We propose the final notice can only be issued 41 days after the instalment was missed and more than 14 days since the last reminder notice was issued. 

 

Do you agree with this proposal?

 

Multiple choice answer: Yes

Comments: Issuing a final notice gives households a reminder that they need to address this issue, but the final notice should be issued later than 41 days. The life events that can lead to someone falling into debt can often take longer than this amount of time to resolve, particularly if this is due to a sudden loss of income, a delay in benefits, a serious illness. The final notice should include clear instructions on how to contact the council to discuss the debt, and should signpost to local debt advice services.

 

Question 6

It is always best for households to keep up with their regular Council Tax instalments to avoid falling into debt, and to contact their council as early as possible, ideally before missing an instalment. However, when an instalment is missed, currently households can become liable for the annual balance of Council Tax if they haven’t paid within 7 days, and this is set out in law. 

 

To provide more time for households to recover from missing an instalment and get back on track, the Welsh Government proposes that households should not become liable to pay the remaining annual balance after missing an instalment until 62 days have passed. This includes ensuring 21 days have passed since a final notice has been issued. 

 

Do you agree with this proposal?

 

Multiple choice answer: Yes

Comments: It is great to see the amount of time before someone is liable for the full year being extended but this should be extended further. 

 

Question 7

The Welsh Government proposes that councils can apply to a court for a liability order one day after the remaining annual balance has become due, and the household has not made a payment or contacted the council to arrange an alternative payment plan. In total, this will be a minimum of 63 days after missing the first instalment.

 

Do you agree with this proposal?

 

Multiple choice answer: Yes

Comments: agree with extending the period of time but think it should be longer.

 

Question 8a

The Welsh Government wants to ensure that households having difficulty paying their Council Tax bill have reasonable time to contact the council and seek help. We propose that 63 days is a reasonable period, which provides further time for receiving wages or benefit payments, contact the council and contact a range of other advice agencies.

 

What is your level of agreement with the proposal?

 

Multiple choice answer: Disagree

 

Question 8b

Please explain your reasons for your rating for Question 8a.

 

Its really good to see this period of time extended, but it should be extended further. If someone has fallen into arrears due to a job loss, the delay in benefits payments from applying, a serious illness or unexpected expense, then 63 days or effectively 2 months is not a huge amount of time for them to be back to a position of being able to sort things out.

 

Question 9

All councils in Wales endorse the Council Tax Protocol which outlines best practice and guidance around how to deal with vulnerable customers.

 

In addition to the Council Tax Protocol for Wales, the Welsh Government proposes producing best practice guidance for councils to ensure a fair and consistent approach to collecting Council Tax across Wales. Suggestions about what may be included in the guidance are outlined in this consultation.

 

Do you agree with this proposal?

 

Multiple choice answer: Yes

Comments: Guidance is a good first step but there should be a statutory protocol for councils to follow to ensure no post code lottery in the way people in council tax debt are treated. A statutory protocol should include: 

 

  • Efforts to contact people in debt through multiple channels

  • Efforts to set up a repayment plan using the Standard Financial Statement 

  • Providing support on income maximisation and checking entitlement to any benefits not currently claimed

  • Signposting and referring to local debt advice services

  • Ensuring all indebted people understand how to access their council’s Section 13A discretionary relief fund 

  • Considering writing off some of the debt if there is no realistic chance of repayment

 

Question 10

Do you have any other comments on the proposals?

These proposals are a good step in the right direction to making council tax debt collection fairer, and stopping people from falling into a debt spiral and experiencing bailiff visits. However, there are other aspects of council tax debt collection policy that should also be reformed - particularly: The cap on liability order fees should be reduced, adding £70 to the debt of someone already struggling, for an order that costs 50p from the Ministry of Justice, and which takes a minimal amount of administration time to send out from councils is unjust. The Welsh government should also call for the Enforcement Conduct Board to be given legal powers to regulate bailiffs and I would like to see the use of bailiffs stopped completely for council tax debt. Bailiff visits are traumatic and add even further debt to people who are struggling. 

 

Question 11

What, in your opinion, would be the likely effects of the proposals on the Welsh language? We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English. 

 

Do you think that there are opportunities to promote any positive effects?

These changes and further changes in the direction of lengthening the amount of time people have to sort out their debt before becoming liable for the full year’s bill  would have a positive impact for Welsh language speakers as there is a risk that when engaging with local authorities there is a differential between the amount of Welsh speakers when trying to address debt and council tax collection. This will lead to an increased likelihood of misunderstanding or not being able to figure out that a mistake has been made, on both the debtor’s side and the local authorities. More time = less language discrimination.

 

Further consultation questions:

 

Question 1

Please specify if you are responding as a member of the public or on behalf or an organisation. 

 

Question 2

Which council area do you live in? 

 

Question 3a

Has there ever been a time when you have had difficulty paying Council Tax or fallen behind with your Council Tax payments?

 

Question 3b

If you answered yes to question 3a.Your local council or Citizens Advice can provide information and advice if you have difficulty paying or have fallen behind with your Council Tax payments. Did you seek help or advice?



Do you think that there are opportunities to mitigate any adverse effects?

Question 12

In your opinion how could the proposals be formulated or changed so as to:

 

have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or

mitigate any negative effects on using the Welsh language and on treating the Welsh language no less favourably than English.


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