A statutory instrument issued under the Representation of the People's Act
gives Electoral Registration Officers the right to inspect and copy
information that was originally collected for Council Tax purposes.
Therefore, if the Electoral Registration Officer comes knocking, they are
entitled to see the information they need to keep the Register accurate. So,
as long as the Council tax staff give fair processing notices with the bill
- i.e. that information supplied to Council Tax may be available to the ERO
to ensure that the register is accurate - the ERO can inspect the data.
Now, is it therefore possible for Council Tax, when they get a change of
address, to tell the ERO that now would be a good time to exercise their
powers in respect of a particular address? Or, is it possible for CTax to
give the changes of address over proactively, given that the ERO has the
power to inspect and copy the information if they wish?
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: Doug Colyer [mailto:[log in to unmask]]
Sent: Mon 14 August 2006 17:00
To: [log in to unmask]
Subject: [data-protection] Change of Address - Council Tax
Because of the problems related to the accuracy of the Electoral Register in
past elections I have been instructed to determine how accurate the Register
is for my particular constituency. Having canvassed a number of electors I
have been taken to task by many who believe that having told the Council Tax
Office, the information is therefore held by the Council, and any failure to
inform the Electoral Registration Officer is due to ineptitude and
inefficiency on the part of the Council. It has proved difficult to convince
the more vociferous the Council Tax regulations and Data Protection make
such an action ultra vires.
The Information Commissioner's Office is also adamant that providing changes
of address is a `no no`, as is making reference to the dissemination of such
information on the Council Tax bills. It is impossible to see how actual
consent can be obtained when the Council Tax payer receives a bill and does
not sign anything at that stage.
I pointed out to the ICO that One Stop Shops disseminate such information to
Council Tax, Housing Benefit and Electoral Registration, with great
satisfaction from the public, whereas those who tell the Council Tax office
think they are telling all parts of the Council when in fact they are not
It is also difficult to convince the public that a change of address freely
given to the Council Tax Office is of such a personal nature that it cannot
be passed on to the Electoral Registration Officer. And as a Presiding
Officer at elections I have been on the receiving end of electors who are
furious at not being on the Register, and who have "told the Council".
Do my colleagues have similar views or am I being too naive to think the
public understand the difference?
If there are such similar views is there any way that the, I believe,
common-sense approach can be taken?
Are there any authorities who have addressed the issue and come up with a
suitable solution?
Doug
Douglas Colyer
Senior Auditor
Internal Audit Services
Suffolk Coastal District Council
(01394 444248)
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