Draconian Council Tax Rule Unlawful, Says Judge

A draconian rule which saw 3,600 Sandwell residents being forced to pay a higher rate in Council Tax has been ruled unlawful, Inside Housing has reported today.

Labour dominated Sandwell Metropolitan Borough Council, introduced a policy in April 2013 that prevented anyone who had not lived in the area for at least two years from claiming a reduction in Council Tax, regardless of whether they could afford to pay or not.

 This resulted in a number of affected households falling into arrears or forced to move away from the area. Others were allegedly threatened with bailiffs.

The policy affected around 3,600 local residents and was challenged by the Child Poverty Action Group (CPAG) on behalf of three claimants, two of which have been forced to leave the area due to inability to pay the higher charge.

One of the claimants is a victim of domestic abuse, while another has mental health issues. The third is said to be a widow.

Judge Hickinbottom said that the Council’s decision to strip local residents of their right to claim a reduction in Council Tax, and subsequent legal defense, was like trying to “make bricks without straw”.

He added that the Council had presented no viable defence or evidence and was acting unlawfully by failing to conduct a “race or gender impact of the residence requirement, at or before it adopted the scheme”.

Alison Garnham, Chief Executive of CPAG, said:

“This ruling confirms what should have been obvious to the Council from the start: it cannot be sensible or right to charge people on low incomes a higher rate of council tax simply because they are new to the area.

“If Sandwell Council had given any thought to this policy, or held a consultation it might have realised this earlier. Instead thousands of people have been threatened with arrears and some people, even those who like these claimants were originally born and bred in Sandwell, have been forced to move away.”

Source –  Welfare News Service, 30 July 2014

http://welfarenewsservice.com/draconian-council-tax-rule-unlawful-says-judge/

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