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FOI Request - Discretionary Discount - Council Tax

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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Fri Jun 21, 2019 10:40 am    Post subject:
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Fri Jun 21, 2019 11:03 am    Post subject:
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uotes:

Quote:
“A policy must not be so inflexible that it cannot accommodate
the range of situations to which it has to apply, nor must it be so
rigid that it does not allow for exceptional cases; otherwise it will
result in an unlawful fetter on discretion.”


Quote:
The decision-maker may not ‘fetter’ its discretion by applying a
policy too rigidly – without allowing for exceptions or allowing
an applicant to argue that the policy should be departed from in
a particular case.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Mon Jun 24, 2019 10:37 am    Post subject:
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xtract from Law Wales ( Welsh Government)

Quote:
Are decision-makers permitted to have policies as to how to make decisions or deal with applications?

OVERVIEW

Where legislation gives public authorities a power to make decisions such as determining requests for licences, it is likely to receive very many applications. In order to ensure consistency, certainty and efficiency of administration, public authorities are permitted (or required, in some circumstances) to develop policies which set out how applications are dealt with. The policies may, for example, set out what factors ought to be considered in determining applications or the procedural requirements that must be satisfied prior to the applications being considered. This allows applications to be dealt with in a standard way, applying the same criteria and attaching the same weight to the same factors in each case. The policies themselves must be lawful (e.g. must be reasonable, and must comply with the European Convention on Human Rights).

The rule against fettering discretion does not prevent the adoption of such policies. Instead, it is concerned with ensuring that public authorities allow, in appropriate cases, exceptions to the general rules set out in the policies. This is especially relevant in cases involving human rights and equality. In other words, a public authority should not apply its policy rigidly and must allow the applicant the opportunity to make representations as to why the policy should be departed from in that specific case. The public authority must keep an open mind and should consider each case on its own merits.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Mon Jun 24, 2019 10:46 am    Post subject:
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xtract from Law Wales ( Welsh Government)

Quote:
Has the decision-maker fettered its discretion by applying a rigid policy?

OVERVIEW

“A policy must not be so inflexible that it cannot accommodate the range of situations to which it has to apply, nor must it be so rigid that it does not allow for exceptional cases; otherwise it will result in an unlawful fetter on discretion.” (R v Secretary of State for the Home Department ex p Venables and Thompson [1997] 3 ALL ER 97).

In some circumstances, a decision-maker may improve certainty and administrative efficiency by adopting a policy setting out how it deals with a particular type of decision (e.g. how it determines licence applications).

The policy itself must be lawful; it must comply with all relevant requirements set out in legislation and with the public law principles set out in this guidance (e.g. must be reasonable).

The decision-maker may not ‘fetter’ its discretion by applying a policy too rigidly – without allowing for exceptions or allowing an applicant to argue that the policy should be departed from in a particular case.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Mon Jun 24, 2019 10:49 am    Post subject:
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aw Wales ( Welsh Government)

Quote:
Public authorities in Wales make decisions on a daily basis. Each of those decisions has the potential to have a significant effect on people’s lives.
It is therefore imperative that public authorities respect standards of good governance and the principles of the Rule of Law. In other words, all central and devolved government departments, local authorities, courts and tribunals, and all other bodies exercising functions of a public nature, should act within the law, fairly, and respect the principles of accountability, accessibility and transparency. This will help to ensure that the public authorities do not act arbitrarily, that all are treated equal in the eyes of the law and that fundamental rights are protected. Ultimately, this will lead to the making of good decisions that are capable of withstanding scrutiny and any legal challenge.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Fri Jun 28, 2019 3:04 pm    Post subject:
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ouncil Tax Discretionary Relief Policy - Rhondda Cynon Taf Council

https://www.rctcbc.gov.uk/EN/Resident/CouncilTax/Relateddocuments/CarerLeavers/CouncilTaxDiscretionaryReliefPolicy2018.PDF

With the emphasis on 'discretionary' which it appears is liable to being fettered?
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Fri Jun 28, 2019 3:21 pm    Post subject:
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Quote:
Clause 36 amends section 47 of the Local Government Finance Act 1988 to replace the limited circumstances in which local authorities can currently give discretionary relief with a power to grant relief in any circumstances.

( my emphasis)

National Assembly for Wales Localism Bill – Provisions relating to Wales
January 2011

http://www.assembly.wales/Research%20Documents/Localism%20Bill%20-%20Provisions%20relating%20to%20Wales%20-%20Research%20paper-25012011-208209/11-003-English.pdf
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Mon Jul 01, 2019 9:48 am    Post subject:
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his morning I received an Order of Recovery of an Award ( Liability Orders) which was granted by Merthyr Tydfil County Court on 19th June unbeknown to me. I always thought I had a right to know about any Court proceedings. Obviously I was wrong it seems.

The legislation relied upon was as follows:

The Council Tax (Administration and Enforcement) Regulations 1992

https://www.legislation.gov.uk/uksi/1992/613/contents/made

I already have 2 'Aggrieved Person' Appeals filed with the Council and to which I have had no response. After an 8 week period I can then take matters further. All this stress is taking its toll upon my chronic ill health and my husbands too. However I am firm in my resolve to fight this 'injustice' all the way. It has been 20 years of hell for me and I am sick of the torture and the antics of individuals and RCTCBC.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Wed Jul 03, 2019 11:38 am    Post subject:
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Angela Wales



Joined: 11 Dec 2005
Posts: 4403
Location: Wales / Cymru

PostPosted: Wed Jul 03, 2019 12:01 pm    Post subject:
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