Lee

 

For clarification I was quoting both the fraud route as well as the recovery of monies route (obviously in this case we are talking about recovery of monies from staff which as I stated in my email is no different to recovery of monies from members of the public – the same rules apply and there is an exemption under DPA for LAs to pursue the recovery of outstanding monies and the process and methods of doing so (obviously all with the DPA framework of course).

 

 

 

Not sure I totally agree with what Trish has said as non-payment of council tax isn’t automatically fraud so I doubt the NFI would necessarily be applicable in the majority of cases.

 

What if someone changes their bank account and misses a council tax payment for example and it isn’t picked up straight away?  The fault could equally lie with the council so I personally think using the NFI in this instance is a tad thin.

 

I’m aware of cases where council tax payers refuse to pay their arrears as they believe they are incorrect etc or they feel they do not get value for money from their LA, does that make them guilty of fraud? A civil offence maybe but not fraud.

 

I think you’d be better served looking at s29 or s35 to be honest as they give you far more scope.

 

Just my tuppence.

 

Lee

 

 

For the List as well - FYI

 

 

 

Lee

This should form part of the LA function under the National Fraud Initiative.  ICO sent out a Data Matching Template for public sector to fill in to attach to their DP Register for “data matching”. It is part of identifying and combating fraud and is covered as an exemption under the DPA in this context.  Checking to see if staff has paid their council tax (recovery of public monies) is no different than running a data match against whether members of the public is paying their council tax (still recovery of public monies also covered under DPA).

 

Hope this helps

 

 

 

Has anyone considered doing a data match of outstanding Council Tax against Payroll?  This match has been requested in my authority to identify if employees owe Council tax with a view to enabling attachment of earnings to speed recovery. 

 

Any data protection advice on this would be welcome.

 

Regards

 

Lee Henley
Information Manager
Telephone: (01375) 652500
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