Council tax debtor sent to prison

Published by Jane Clee for Ellesmere Port & Neston Borough Council in Housing and also in Bill Payments, Communities, Local Government

At a recent Chester court hearing, magistrates committed a Little Sutton resident to prison for a total of 54 days because of unpaid council tax.

The defendant, a self-employed man aged 58 had failed to pay over £2,000 to Ellesmere Port and Neston Borough Council.

He had previously been ordered to pay his arrears at a rate set by the court at £15 per week.

A suspended prison sentence had previously been imposed when the payment terms had been set, but last week the Chairman of the Bench found the defendant guilty of culpable neglect and activated the sentence.

A prison sentence for unpaid council tax can only be reduced if the defendant pays the outstanding amount.

If paid in full the sentence is terminated and he is free to leave the prison.

A full sentence is served if payment is not made, and there is no reduction due to “good behaviour” which generally applies for other offences.

Bev Wright, Benefits and Taxation Unit Manager at the borough council said: ““It is deeply regrettable that it came to a custodial sentence being passed, however the defendant had many opportunities in which to deal with this matter but chose to ignore it.”
 
She commented that: “The vast majority of people pay their council tax when it becomes due in contribution towards public services within Cheshire, there are unfortunately a relatively small element who do not.
 
“It is the council’s legal duty to ensure that the council tax is collected and in cases where it is not paid, to take court proceedings against them.”

After obtaining a Liability Order the council can also involve a bailiff and place a charge on property owned by the taxpayer, which can result in the property being sold.

If the person is working or in receipt of benefits, direct deductions can be enforced.  Bankruptcy proceedings can also be taken.
 
If none of these options are relevant then commitment to prison proceedings will be taken.

Imprisonment is very much a last resort and the council would always prefer that anyone having difficulty paying should contact them as soon as possible.

They could then determine whether they would be entitled to a rebate or any of the various discounts that are available depending on your circumstances.