Proof

Correction of the 2014 FOI

“Unfortunately the response in 2014 was not correct in saying that the liability order was generated by the local authority. The council generates a notification, not the actual order.”

Q1 — is it a court document?

“No.” The paper the council prints and posts is not a court document.

Q2 — prescribed form / key elements

“That depends on the court document. Since the court does not generate a liability order, the Lord Chancellor has not specified any elements.”

Q3 — missing name or address on the council printout

“Since it isn’t a court order, it has no bearing on the legality of the order.”

What actually proves an order

The gold standard named in the letter is a certified extract of the court register, signed by a court officer, under Rule 68 of the Magistrates’ Courts Rules — “an extract from the register certified by the designated officer as a true extract.” Courts have no definition of a “true copy”, and none is required.

Form A gone — nothing substituted

“The form (Form A) originally provided to draw up liability orders was removed from law from 10 July 2003 in Wales and 1 October 2003 in England and no form has been substituted in its place.”

What happens in practice

“In practice, the courts seldom issue individual liability orders; the judge or chair of the magistrates normally just signs a certificate attached to the list of non-payers, but in a form that does not comply with the regulations — without the stamp or seal of the court or any form laid down in regulations since 2003.”

No independent court record

“Until 2012, many courts did not keep any proper record of liability order hearings or the orders issued, leaving local authorities to maintain records which could be wrong and incapable of independent verification.” Named as a serious omission in enforcement by the High Court.

Article 6

“The lack of an adequate and independent record may be a breach of human rights under Article 6 of the European Convention on Human Rights, regarding the process of determining the civil rights and obligations of a citizen.”

What was asked for

“Please provide specific data and information in case file for court case held in Basildon magistrates court on the 8/8/2023 at 10.30am for non-payment of council tax.”

No case management file

“I can also confirm that Basildon Magistrates Court does not hold a case management file for the court proceedings involving you.”

SAR blocked as judicial data

Personal data in the scope of the request is exempt under Schedule 2, paragraph 14(2)(b) of the Data Protection Act 2018 — GDPR rights do not apply to personal data processed by a court or tribunal acting in its judicial capacity.

The door they point to

Control and access to records is determined by Basildon Magistrates’ Court under Rule 66c of the Magistrates’ Courts Rules. A fee may be payable. You have to give the date of the hearing so a search can be made.