Decisions To approve the write off of individual Council Tax and Business Rate debts of up to 5000 as detailed in the appendices to this report.

Similar documents
The key objectives from the Corporate Debt Policy should be considered and the following key messages highlighted:

ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER 1 st December 2014

S.151 / Director of Resources (Anisa Darr)

Report of Deputy Chief Executive on behalf of Director of Resources

A local policy, relevant to the London Borough of Barnet is required to be agreed, to fairly distribute the grant.

All reports 1. Governance Service receive draft report Name of BGO Andrew Charlwood

ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER 30 th November 2015

13 th January Officer Contact Details Sean Connolly - x 5054

All reports 1. Governance Service receive draft report Name of GO Jeremy Williams. Date 06/12/11. Date 06/12/11

MEETING POLICY AND RESOURCES COMMITTEE DATE AND TIME TUESDAY 5TH DECEMBER, 2017 AT 7.00 PM VENUE HENDON TOWN HALL, THE BURROUGHS, LONDON NW4 4BG

Recommendation That the Housing Committee approves the proposed revisions to the Council s Housing Allocations Scheme.

Local pension Board 21 st November 2018

SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL. Executive Director (Corporate Services) WRITE OFF OF OUTSTANDING DEBTS

Homelessness and Rough Sleeping Strategy.

ACTION TAKEN BY CABINET MEMBER (EXECUTIVE FUNCTION)

Local Pension Board 14 Febuary Local Pension Board Performance Overview Assistant Chief Executive

REVENUES SERVICES PROTOCOL AND GUIDANCE FOR COLLECTION OF DEBT

Pension Fund Committee Date 6 June Barnet Council Pension Fund Performance for Quarter January to March 2013 Chief Operating Officer

Pension Fund Committee 6 September Issue of Regulatory Intervention Report to the Barnet Pension Fund Director of Resources

Local Pension Board 11 September Issue of Regulatory Intervention Report to the Barnet Pension Fund

Report of Head of Estates Management. Status Public (with separate exempt report) Summary

Pensions Fund Committee Date 13 June 2012

Councillor Dean Cohen, Chairman Environment Committee

Appendix L1. London Borough of Barnet. Debt Management Policy

Pension Fund Committee 26 February 2018

Report of Deputy Director of Finance & Deputy Chief Operating Officer. Summary

Title Aggregated Procurement

Policy and Resources Committee 14 th October 2015

Pension Fund Committee 26 June 2018

Licensing Committee 20th November 2017

ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER

TO ALL KNOWN CREDITORS 24 August 2012

DELEGATED POWERS REPORT NO.

Assets, Regeneration and Growth Committee

Date 26/2/10. Date 1/3/10. Date 3/3/10. Date 18/2/10. Date 26/2/10. Date 26/2/10. Date 17/3/10. Date 19/3/10. Date 19/3/10.

Pensions Fund Committee Date 4 December 2012

RECOVERY & WRITE OFF PROCEDURES

Summary. Recommendations

STANDARD CVA CONDITIONS

22 June To the Chair and Members of the AUDIT COMMITTEE ANNUAL PAYROLL OVERPAYMENTS UPDATE REPORT 2015/2016

Policy and Resources Committee 21 March 2017

Commissioning Director for Environment

Housing Committee 26 June 2017

Assets, Regeneration and Growth Committee 1 st June 2015

GETTING CREDIT INDICATOR LEGAL RIGHTS INDEX

Enforcement Guide. Chapter 13. Insolvency

Voluntary Liquidations of Solvent Cayman Islands Companies

2 RECOMMENDATIONS 2.1 It is recommended that the Executive: (a) Note the debtor balances written off during 2014/15 under delegated authority.

Governance arrangements Barnet/Harrow Inter-Authority Agreement

Adults and Safeguarding Commissioning Plan /17 addendum. Commissioning Director Adults and Health. Summary

11 th January Draft Corporate Plan 2018/19 addendum

DELEGATED POWERS REPORT NO. All reports 1. Governance Service receive draft report Name of GSO Paul Frost. Date 13/09/12

Suffolk County Council. Debt Recovery Policy

Debt Fast Fee Structure

DELEGATED POWERS REPORT NO. SUBJECT: Authorisation to appoint Straight plc for the supply of food waste bins and caddies

Policy and Resources Committee 23 October 2018

Stephen Evans, Assistant Chief Executive. Ye Olde Monken Holt was received on 4 th May 2017, making the deadline for a decision 29 th June 2017.

Working Capital Management Policy

UNSW Global Accounts Receivables Policy V3 Amended at 21 June 2012 Page 1

Internal Audit. Income and Receivables. April 2017

GERARD HULST & ASSOCIATES CHARTERED ACCOUNTANTS

Appendix K Model Letters for Use by the Engineer

Microsites Programme: Phase 1 project (Public)

Code: HM 14. Approval: August Review Date: August 2014

COUNCIL POLICY CREDIT POLICY. Approved by: Council. 28 May Subsequent Amendments: Date, authorisation and reference to aspects amended

Report of the Strategic Director Corporate Services to the meeting of the Corporate Overview & Scrutiny Committee to be held on 5 April 2017 AQ

STANDARD CONDITIONS FOR COMPANY VOLUNTARY ARRANGEMENTS

Report of Director of Strategy and Communications. Summary

Distributions and share purchases and redemptions under the Companies (Jersey) Law 1991

SCOTLAND INSOLVENCY PRACTITIONERS ASSOCIATION CERTIFICATE OF PROFICIENCY IN INSOLVENCY. Examination Friday 4 June 2004 pm

British Virgin Islands - Restructuring and Insolvency

BUSINESS POLICIES AND PROCEDURES MANUAL Revised 1-17 University Receivables

We have over 20 years experience of helping people just like you. We are the only small business debt advice charity operating in the UK.

Tel: Fax: ey.com

Finchely & Golders Green Area Committee 2 August Area Committee Budgets Outstanding Community Funding Applications. Summary.

Investigation into the conduct of the directors Financial position of the company Objectives of the administration

1.2 The report covers the areas of Council Tax, Non-Domestic Rates, Sundry Debtors, and Housing Benefit Overpayments.

Children s Service Overview & Scrutiny Sub-

Name of GSO Paul Frost. Date 15/03/2013. Date 19/03/2013. Name of Res. Officer. Date. Date 15/03/2013 Name of Legal officer.

Tel: Fax: ey.com. TO ALL KNOWN CREDITORS 19 June 2018

TO ALL KNOWN CREDITORS 26 November 2012

BIRMINGHAM CITY COUNCIL

Not So Separate Legal Personality and Bad Debts

Freedom of Information Act 2000 (FOIA) Decision notice

New Basic Bank Accounts

MICROFINANCE INSTITUTIONS CBB REPORTING REQUIREMENTS MODULE

Collection Manual Liquidation of Companies and other Company Law issues

A creditor s guide to administrators fees (in accordance with Statement of Insolvency Practice No.9)

8 February Circular to Employees. Dear Sir/Madam. 24 Hours Fitness Pty Ltd

E F F E C T I V E 1 J A N U A R Y, IMB

Guideline No. 9. Searching for Un-locatable Members of a Pension Plan

Tax & Duty Manual. Procedures for Personal Insolvency Caseworking. Collector-General s Office

Cayman Islands: Restructuring & Insolvency

Retirement Policy. Yes. considered? How will implementation be monitored? Through the SWCSU HR Team. How will the policy be shared with:

APPENDIX 1: Winding Up and Dissolution of building societies: summary of legislative provisions

DELEGATED POWERS REPORT NO. All reports 1. Governance Service receive draft report Name of GSO Andrew Charlwood

STANDARD CONDITIONS FOR INDIVIDUAL VOLUNTARY ARRANGEMENTS. Produced by the. Association of Business Recovery Professionals

Investment Funds Plan and Investment Funds Individual Savings Account (ISA)

Debt Recovery. A Guide to the Debt Recovery Process

FINANCIAL SERVICES ACT 2008 AUTHORISED COLLECTIVE INVESTMENT SCHEMES (COMPENSATION) REGULATIONS Coming into operation 1st August 2008

Transcription:

ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER 2 February 2015 Title Report of Wards All Status Public Enclosures Officer Contact Details Write off of Council Tax and Business Rates debts under 5000 Interim Chief Finance Officer in consultation with Head of Legal Services Appendix 1-List of Council Tax debts under 5000 recommended for write off. Appendix 2-List of Business Rates debts under 5000 recommended for write off. Jonathan Wooldridge Revenues and Benefits Manager (Commissioning Group) 020 8359 2824 jonathan.wooldridge@barnet.gov.uk Maxine Kirby - Revenues Operations Manager 020 8359 2816 maxine.kirby@barnet.gov.uk Summary This report proposes the write off of individual debts for Council Tax and Business rates of less than 5000, which are uncollectable for reasons provided in this report, with a total write off sum of 3,900,498.30 for Council Tax and 119,984.35 for Business Rates. Decisions To approve the write off of individual Council Tax and Business Rate debts of up to 5000 as detailed in the appendices to this report.

1. WHY THIS REPORT IS NEEDED COUNCIL TAX 1.1 The debts listed in Appendix 1 represent Council Tax debts of 3,900,498.30 which are considered irrecoverable and are recommended for write off. This could be because it is uneconomical to recover the debt or because we are unable to recover the debt. The individual debts are all under 5,000 and cover the financial years from 2000/2001 to 2014/2015. A list of the individual debts is at Appendix 1. 1.2 All the debts are in respect of closed accounts. Most are in respect of debtors who have absconded, including some who are known to be abroad and out of our jurisdiction. Other debts are either individuals subject to bankruptcy, or limited companies that have been dissolved or again companies registered abroad which have a Council Tax liability. None or insufficient monies to clear these debts have been yielded as Council Tax debts do not rank as preferential debt in insolvency proceedings. Therefore no further action can be taken. The table at 1.5 below provides a breakdown of the age profile of these debts with the total value for each year recommended for write off. 1.3 Attempts to trace absconders include searches of our internal revenues system, credit reference agencies, enquiry notices to owners, agents and new occupiers of properties and visit reports by our Inspection and Enforcement agents. With regard to cost effectiveness, the extent of tracing activity will correspond to the amount of the individual debts with a greater intensity of checks being carried out in respect of larger debts. It should be noted that where a debtor is found or traced following the write off of the debt then we have the facility to reinstate or write the debt back on and further attempts made to recover, subject to statutory limitation periods and it being economical to do so. Debts under 10.00 are also included as uneconomical to collect or represent small balances that need to be written off before the annual billing process. The accounts submitted have not previously been subject to write off. 1.4 The collection process used for the collection of Council Tax involves the issue of a demand notice, reminder notice, final notice, summons and issue to Enforcement agents. 1.5 The breakdown of the value of the Council Tax debts by year is as follows: Financial Year debt raised Total value of debt 2000/2001 1,745.86 2001/2002 149.62 2002/2003 3,049.31 2003/2004 8,412.93 2004/2005 21,619.34 2005/2006 83,127.03 2006/2007 169,483.89 2007/2008 249,595.60 2008/2009 434,610.32 2009/2010 822,926.59

2010/2011 721,627.47 2011/2012 721,766.80 2012/2013 433,044.84 2013/2014 219,524.23 2014/2015 9,814.47 Grand Total 3,900,498.30 BUSINESS RATES 1.6 Non-domestic rates totalling 119,984.35 are recommended for write off. The individual debts are all under 5,000 and cover the financial years 2009/10 to 2014/2015. A list of the individual debts for write off is in Appendix 2. 1.7 All the debts are in respect of closed accounts. Most are in respect of debtors who have absconded, including some who are known to be abroad and out of our jurisdiction. Other debts are either limited companies that have been dissolved or wound up or again companies registered abroad. None or insufficient monies to clear these debts have been yielded as Business Rates debts do not rank as preferential debt in insolvency proceedings. Therefore no further action can be taken. 1.8 Attempts to trace absconded debtors include searches of internal systems, credit reference agencies, enquiries with owners, agents and new occupants of the relevant properties and visits by our inspectors and Enforcement agents. With regard to cost effectiveness, the extent of tracing activity will correspond to the amount of individual debts and with a greater emphasis on checks made in respect of larger debts. It should be noted that if an absconder is subsequently located following a write off then the debt can be re-raised and attempts made to recover it, subject to statutory limitation periods and it being economical to do so. 1.9 The collection process for Business Rates involves the issue of a demand notice, reminder notice, summons and issue to Enforcement agents. 1.10 A breakdown of the value of the Business Rates debts by year is as follows: Financial year debt raised Total value of debt 2009/2010 1,609.50 2010/2011 5,366.16 2011/2012 37,210.42 2012/2013 28,621.40 2013/2014 35,504.80 2014/2015 11,672.07 Grand Total 119,984.35 2. REASONS FOR DECISIONS 2.1 The proposed write off of these debts is in line with good accounting practice, which requires that debit balances accurately reflect realisable income and it removes uncollectable debt from the system.

3. ALTERNATIVE OPTIONS CONSIDERED AND REJECTED 3.1 All avenues of recovery where economical and practical have been considered before this course of action. There are no further alternative options where the debtor cannot be traced despite attempts to do so. 4. POST DECISION IMPLEMENTATION 4.1 If the recommendation is approved the accounts are then updated and the data is reconciled to reflect the information in this report. The accounts are then annotated to reflect that a write off has taken place and the annotation will alert us if the debtor contacts us in the future. This information is retained on the database. 5. IMPLICATIONS OF DECISION 5.1 Resources (Finance & Value for Money, Procurement, Staffing, IT, Property, Sustainability) 5.2 The debts are within Barnet s existing bad debt provision including the Greater London Authority (GLA) precept for council tax, and GLA and Government shares of retained business rates. The bad debt provision for Council Tax is currently 22.5m and for Business Rates is 10.3m. 5.3 Legal and Constitutional References 5.3.1 The Council has a fiduciary duty to its council tax payers to recover monies owing to it, where it would be acting reasonable in doing so. However in the cases listed in this report and for the reasons given, it is either not possible due to statutory limitations or not reasonable or economical to pursue recovery of the debts. 5.3.2 In accordance with the Council s constitution part 15 Annex B Responsibility for Functions, Scheme of Delegated Authority to Officers, The Chief Operating Officer/Director of Finance has authority to write off debt amounts up to and including 5000 in consultation with HB Public Law. 5.4 Risk Management 5.4.1 It is not considered that the issues involved are likely to raise significant levels of public concern or give rise to policy considerations as the decision to write off these debts has been based on the fact that all appropriate avenues for recovery have been explored. There is no longer a realistic possibility of their economic recovery. 5.5 Equalities and Diversity The Equality Act 2010, section 149, outlines the provisions of the Public Sector Equality Duty which requires Public Bodies to have due regard to the need to:

eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010 advance equality of opportunity between people from different groups foster good relations between people from different groups The broad purpose of this duty is to integrate considerations of equality into day to day business and keep them under review in decision making, the design of policies and the delivery of services. It is considered unlikely that the write off of debts within this report will have an adverse impact on the protected groups under the Equality Act 2010 or that it raises any concerns under Equality and Diversity policies. 6. BACKGROUND PAPERS 6.1 none 7. DECISION TAKER S STATEMENT 7.1 I have the required powers to make the decision documented in this report. I am responsible for the report s content and am satisfied that all relevant advice has been sought in the preparation of this report and that it is compliant with the decision making framework of the organisation which includes Constitution, Scheme of Delegation, Budget and Policy Framework and Legal issues including Equalities obligations. 8. OFFICER S DECISION We authorise the following action 8.1 To write off council tax and business rate individual debts up to 5000 to a total write off sum of 3,900,498.30 for Council Tax and 119,984.35 for Business Rates as detailed in the appendices to this report. Signed John Hooton Interim Chief Finance Officer Date Signed Jessica Farmer Head of Legal Service Date