Judges Releasing Council Tax Debtors From Prison

REGULATION 47 of the Local Government Finance Act 1992 states people can be given prison sentences for not paying council tax only if they have done so due to “wilful neglect or wilful refusal”, meaning those who have fallen into arrears because they can't afford to pay should not be imprisoned.

The High Court has admitted up to 17 people in England and Wales were unlawfully sent to jail for not paying their council tax last year.

Judges have been releasing people jailed by magistrates. Council Tax is a ‘Priority Debt’ and some Councils have started bankruptcy proceedings against those that have not paid. There has been considerable criticism of the way that bailiffs have been treating the public as many people do not pay because of financial hardship.

If you are in arrears, the best thing to do is to talk to your council and to confirm any discussions in writing.  Thus if you have honestly tried to come to an arrangement, the Court cannot argue that you have shown “wilful neglect or wilful refusal”.  

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