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FOI Request - Discretionary Discount - Council Tax

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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Thu Jul 11, 2019 1:50 pm    Post subject:
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Back in the sombre days of November 1947, in the seminal Wednesbury case, master of the rolls Lord Greene expounded the following classic public law principle: ‘… a person entrusted with a discretion must, so to speak, direct himself properly in law.

He must call his own attention to the matters which he is bound to consider. He must exclude from his consideration matters which are irrelevant to what he has to consider’. And if ‘he does not obey those rules, he may truly be said, and often is said, to be acting “unreasonably”’ (Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 K.B. 223).


Quote:

However, public authorities spending public money need to ensure not only that they are complying with relevant statutes, but also that they are acting reasonably, prudently and in the light of all material considerations.


he Wednesbury principle
By Nicholas Dobson Law Society Gazette 9 March 2015

https://www.lawgazette.co.uk/legal-updates/the-wednesbury-principle/5047284.article
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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Thu Jul 11, 2019 8:22 pm    Post subject:
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feel strongly there should be a standard policy or something set out with regard to discretionary practices and Welsh Local Authorities. As right now it isn't happening and discretion is not being utilized effectively or efficiently and in some cases being exercised at all. As a result there are people here suffering from the failure to look at cases individually and fairly or make adequate investigations etc when dealing with an individual case. I am aware (and by judging from the number of hits on this thread ) that this is not an isolated problem. I have been told it is quite widespread and of course happens in England too.So worth a try perhaps? I shall give this some thought.

How to Petition the Assembly

http://www.assembly.wales/en/gethome/e-petitions/how-to-petition/Pages/How-to-Petition.aspx
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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Fri Jul 12, 2019 12:18 pm    Post subject:
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espite submitting 2 Appeals to RCTCBC (and not hearing anything) I have today received another Order granted yesterday in Merthyr Tydfil County Court in another Hearing I had no idea about. Clearly Human Rights do not exist here. Had I known about these 2 Hearings I would have been able to contact the Court with my evidence and apply for an adjournment. I am not well enough to battle with the Court or the Council. I have no legal representation and cannot afford to seek justice through the Courts. I am sick of this now.#20 yrs of INJUSTICE.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Fri Jul 12, 2019 12:54 pm    Post subject:
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Quote:
“Injustice anywhere is a threat to justice everywhere.”

― Martin Luther King Jr.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Fri Jul 12, 2019 1:48 pm    Post subject:
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etition to Welsh Government submitted.

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Your petition "Local Authorities failures to exercise discretion in Council Tax cases" has been successfully submitted and is awaiting approval.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Mon Jul 15, 2019 1:35 pm    Post subject:
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ABINET STATEMENT
Written Statement: Making Council Tax Fairer – Update
Rebecca Evans AM

https://gov.wales/written-statement-making-council-tax-fairer-update

Quote:
We will continue to work with local authorities and partner organisations to identify other forms of good practice in relation to council tax collection and to ensure more consistent and citizen-centred approaches are embedded into common practice. This work is being supported by a data-sharing pilot, which is designed to establish whether there are innovative ways of identifying households which may be entitled to support but are not receiving it.

The Tax Policy Work Plan 2018 set out our intention to review the impact and use of local authorities’ discretionary powers to apply council tax premiums and whether the new legislation, introduced in 2016, is working as intended. These discretionary powers were introduced by the Housing (Wales) Act 2014 to assist local authorities in addressing issues in their local housing supply, for example for authorities to use alongside their other powers to bring empty homes back into use.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Mon Jul 15, 2019 1:46 pm    Post subject:
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have received a Petition number and a message to say they will review the Petition. I feel after delving deeper that I cannot see this being the right way to go about things and would not be at all surprised if it is rejected as a result. I am basically 'winging it' as I am ignorant of the mechanisms of local government et al. So no hopes being held as I think I have got things wrong. Well I tried my best. I shall just have to weather the storm and the damage being suffered to health and private life on a daily basis until the time has lapsed to be able to appeal to the Tribunal. That is if I am well enough to do so of course and that seems unlikely right now. We are Both in ill health without all this stress.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Tue Jul 16, 2019 3:49 pm    Post subject:
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ood news Petition wise. Received a phone call from a lovely and very helpful lady in the Assembly Petitions Committee. I did it right after all ( bit surprised).

Subject to a few tweaks to the petition to make sure it is clear and exacting it is admissible and will be published in the next few days ready to sign and share.

Also had another Order from Merthyr Tydfil County Court.Fed up of this now.
Keep it up RCTCBC and I could end up papering the sitting room with them.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Thu Jul 18, 2019 1:54 pm    Post subject:
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Petition Title - Council Tax - People are not 'just numbers'

Local Authorities failures to exercise discretion in Council Tax cases


The Petition is now awaiting publication in the next day or so.I will post it in a new thread for signing and sharing. Then I will be taking a rest. I am quite unwell and my Husband is back in hospital again so there is a lot going on here behind the scenes causing a lot of stress. I can only do so much unfortunately. I just hope the Petition is successful so that other people like us can get some help and some humanity is shown. Fingers crossed. People are not just numbers they are human beings and should be treated as such. Bureaucrats forget this.
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Angela Wales



Joined: 11 Dec 2005
Posts: 4396
Location: Wales / Cymru

PostPosted: Sun Jul 21, 2019 3:58 pm    Post subject:
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