Cornwall Council sent bailiffs after 23,027 people in a single year
Newly released figures from National Debtline and the Centre for Social Justice have revealed that Cornwall Council referred 23,027 debts to bailiffs in 2022/23. The stats have prompted renewed calls for improvements to be made to the council’s debt collection practices.
National Debtline, the free debt advice service run by charity the Money Advice Trust, has written to Cllr Linda Taylor, Conservative leader of Cornwall Council, urging the council to commit to improve the way it collects council tax arrears and other debts. The council does provide considerable leeway and several reminders and chances to make payments before turning to the courts, then bailiffs as a last resort.
Cornwall Council figures, revealed in response to a Freedom of Information (FoI) Act request, show the authority referred 23,027 debts to bailiffs in the 2022/23 financial year – a 32 per cent increase on pre-pandemic levels in 2018/19. The charity says that bailiff use remains too high, with action needed to improve collection practices so that fewer debts are sent to bailiffs in the first place.
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Across England and Wales, 2.71 million debts were referred to bailiffs by councils during 2022/23 – broadly unchanged on pre-pandemic levels (2.65 million in 2018/19). Cornwall Council is one of 41 per cent of local authorities which has increased its overall use of bailiffs in that time.
The findings, based on FoI requests to local authorities, form part of wider research into council tax debt and collection practices published by the Centre for Social Justice, which reveals that 1.3 million households fell behind on their council tax bill in 2022/23.
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When a council tax bill is issued by Cornwall Council it provides information to the customer about when to pay and how much is due on each instalment; if a payment is not made by the due date reminders are sent. If payment is still not made then a final notice is sent at which point the ability to pay by instalments is lost and the total amount outstanding becomes due. Should payment still not be made a court summons is issued and the court will then grant a liability order.
A case is only referred to the bailiff as a last resort and only after the liability order has been granted at the magistrates' court and either the debt has still not been paid in full or the customer has not made contact with the council to make an arrangement to pay or the customer has not adhered to an agreed payment plan.
A spokesperson for Cornwall Council said: "We recognise the impact of the current financial situation on people in Cornwall and work with householders who are facing genuine difficulties in meeting their commitments. This includes entering into more flexible arrangements to allow people to pay off their arrears by instalments.
"We would encourage anyone experiencing difficulties to contact us as soon as possible so we can discuss the options which are available to them, as it is not our intention to take those residents financially struggling through a costly recovery process if we can avoid it.
"Support is available in several ways; those struggling can claim Council Tax Support, and the council can use discretionary funds to assist those struggling to pay their council tax due to their financial circumstances.
"We will also signpost where appropriate to Citizens Advice, Money and Pension Service, and Inclusion Cornwall for further help where appropriate, and provide huge detail of support available to those struggling via the 'I am worried about money' section on our website, which includes a budget calculator."
Bailiffs, known officially as enforcement agents, have the right to visit a property and can remove and sell goods to repay certain debts, including council tax arrears, parking penalty charge notices and other debts.
Aggressive council tax debt collection practices – even after missing just one payment – are putting up to two million people at risk of serious harm, new research from charity the Money and Mental Health Policy Institute (MMHPI) has found. The charity's chair and founder, Martin Lewis, has called for Government action and urged local authorities to look at their methods in the meantime.
"Council tax collection practices are so aggressive they'd make the banks blush," said Mr Lewis. "The grotesque process couldn't have been designed better to accelerate distress for people in council tax debt, especially those with mental health problems. When someone misses a monthly payment, rather than asking 'how can we help?', many councils say 'now you have to pay 12 times that' – it's like a caricature of the worst loan sharks."
National Debtline is calling for national changes from the Government to help reduce and reform bailiff action, including through new ring-fenced funding for councils to provide 100 per cent Council Tax Support schemes for those on the lowest incomes.
Locally, the service is calling for Cornwall Council to adopt all of its ‘six steps’ to improve collection practices. This includes exempting residents receiving local Council Tax Support from any form of bailiff action.
Steve Vaid, chief executive of the Money Advice Trust, said: “I would urge anyone in Cornwall struggling with their finances to get in touch with National Debtline as soon as possible. Our expert advisers provide free, impartial support and can help residents make a plan whatever their circumstances.”
National Debtline offers free, independent debt advice on 0808 808 4000 or at www.nationaldebtline.org
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