Council tax anonymity - must I give my partner's name?

[barristercat]

Hi, I posted this yesterday but it hasn't shown up yet, so apologies if it appears twice!

My question is:

I own my home and pay the council tax myself. Until recently I received the single occupier reduction.

My partner moved in with me at Christmas and I asked the council (by email) to now charge me the full amount.

They have sent me a reply asking for my partner's full name.

He doesn't want me to give them his details (no dodgy reason, he's just a private person and doesn't like the council making money by selling details on).

This puts me in a difficult position.... am I legally obliged to give them his name? He has no financial interest in the property and everything is in my name.

I don't want to go against his wishes and give his details against his consent, but neither do I want to face a fine or some other negative consequence for not complying with their request.

Anyone know?

Thanks.

[ploddertom]

Re: Council tax anonymity - must I give my partner's name?

They will want his name to add to the CT Bill so should you not pay they have 2 people to chase as it is classed as joint & several liabilty - which they can do without his name being on the Bill anyway. They may also wanty to check he is who he says he is and does not have another 20 Liability orders owing to the Council. Best way of course is to ring and ask what Rule/Regulation this comes under - at least you have been truthful and told them.

[des8]

Re: Council tax anonymity - must I give my partner's name?

You may or may not have to tell the council personal details of residents but you will eventually have to complete an electoral registration form within the next twelve months.
Regulation 23 of the Representation of the People Regulations 2001 requires you to give the information requested to the Electoral Registration Officer. Failing to comply with the request or to give false information leaves you liable to a fine of up to £1,000.
IMO you might as well avoid the hassle and give the council the info they want.

[barristercat]

Re: Council tax anonymity - must I give my partner's name?

Thanks for your replies ploddertom and des8.

Still feeling confused - if we are jointly liable whether or not his name is on it, then does it actually matter if they don't have his name? Will research some more and then maybe bite the bullet and ask them directly.

I can't find a law or act that requires and authorises anyone to require more than a payment.

[wales01man]

Re: Council tax anonymity - must I give my partner's name?

Whats the real reason he wont give them his name?

[enquirer]

Re: Council tax anonymity - must I give my partner's name?

As far as Council Tax is concerned, the Council have no right to this information. You can choose to pay the full tax even if you are a single occupier. Some people do. If the full tax is being paid, that's where the matter rests.

However, as des8 points out, you (or he, they are looking to change the law), will eventually have to complete an Electoral Roll form.

[ploddertom]

Re: Council tax anonymity - must I give my partner's name?

However, as des8 points out, you (or he, they are looking to change the law), will eventually have to complete an Electoral Roll form.

Not all do and think there are few that have been prosecuted for this. No 2 son is in his mid forties and has never filled one in for the last 25 years or so, but does pay his Council Tax - so not the case that they don't who or where he lives.

[barristercat]

Re: Council tax anonymity - must I give my partner's name?

Thanks all.

Wales01man - the real reason he won't give them his name is simply as I stated - he values his privacy and doesn't agree with councils selling on people's details to marketing agencies etc. He does have strong beliefs about the state gathering info on everyone that they don't need or are legally entitled to hold.

Enquirer - like you, my thoughts were that as I am the sole owner of the house and I am paying in full (and intend to keep doing so), they have no need for his name. They have asked for it, however, my understanding is that they often ask for info that they're not legally obliged to have. Hadn't heard about the proposed change in electoral law, will have to keep an eye on that one.

Ploddertom - yes, he is also not a voter, by choice. As I understand it, it's illegal not to give your name if you are a voter/elector, as the electoral roll needs to be maintained. However, if you choose not to be an elector, there is no need for your name to be on the list, therefore not an offence to not give it (I am on the list myself). The form is worded to make it look like it's an offence not to hand over your details, but in reality that only seems to apply if you want to be an elector. (He doesn't)

Complicated new world for me, I'm used to doing as I'm asked and not realising that sometimes we have a choice and the right to assert it!

[Inca]

Re: Council tax anonymity - must I give my partner's name?

Slap me if I'm wrong but won't he be required to give his name on the next Census?? Will the council get it that way?

[des8]

Re: Council tax anonymity - must I give my partner's name?

Next census is due 2021, and it might even be scrapped.
Parliament are to debate it later this year.

[des8]

Re: Council tax anonymity - must I give my partner's name?

Thanks all.

- he values his privacy
How highly does he value it?http://www.getreading.co.uk/news/loc...ign-up-4200256

. He does have strong beliefs about the state gathering info on everyone that they don't need or are legally entitled to hold.

Agreed, but in this case the electoral forms do have to be completed and the officers have a statutory duty to ensure the registers are upto date



Ploddertom - yes, he is also not a voter, by choice. As I understand it, it's illegal not to give your name if you are a voter/elector, as the electoral roll needs to be maintained. However, if you choose not to be an elector, there is no need for your name to be on the list, therefore not an offence to not give it (I am on the list myself).
The court case shows this to be a mistaken belief

Representation of the People (England and Wales) Regulations 2001 (No. 341) states that "if any person fails to comply with the request of the Electoral Register Officer they shall be liable on summary conviction of a fine not exceeding level 3 on the standard scale"

[CleverClogs]

Re: Council tax anonymity - must I give my partner's name?

Couldn't he lawfully supply the council with a pseudonym by which he would prefer to be addressed, such as Ivor Biggun? :grin:

[barristercat]

Re: Council tax anonymity - must I give my partner's name?

Census is a way off yet, will deal with that one when we get to it!

Cleverclogs - giving no information may or may not be an offence, but giving false details definitely is! (Tempting though it may be!:tinysmile_twink_t2

You can be an anonymous voter, but only if there's seriously good reason eg your life could be at risk if your details were ever revealed, in which case you need a letter from the police to confirm that is the case.

Curious that there is blurb out there by the councils giving reasons why it's good to be registered (you can vote) and why it's not good not to be registered (may have trouble obtaining credit). Why give people the pros and cons of registering? That implies choice. Surely, if it was illegal not to be registered, the wording would be more explicit eg - "it is illegal for you not to be registered", to scare people into it, rather than just suggest it's a good idea?

It would be interesting to know the full details of the very few cases that have gone to court, since they are only a tiny amount of the 6 million (according to the electoral commission) people currently unregistered.

Anyway, the one useful piece of info I have found on a council website today states that if you give your details for council tax purposes, your name cannot legally be then shared or automatically added to the electoral roll. Which confirms what ploddertom said about his son's case.

[des8]

Re: Council tax anonymity - must I give my partner's name?

Quote:"Anyway, the one useful piece of info I have found on a council website today states that if you give your details for council tax purposes, your name cannot legally be then shared or automatically added to the electoral roll."

That statement seems to contradict the Guidance given to electoral officers by the electoral commission.
(http://www.electoralcommission.org.u...ember_2012.pdf) on page 87 "Information from other sources"

3.1 The Electoral Registration Officer is authorised to inspect, for the
purposes of their registration duties, records kept in whatever form by:
(a) the council which appointed them .....

I think the important word in the council website is "automatically". The ER officer has a duty to keep the register up to date, and fairly wide powers to do it. However he only has to show he has taken "reasonable" steps to do this and I doubt any rarely go out of their way with enforcement procedures. To do that would probably alienate even further the very people who do not want to register as, for whatever reason , they do not vote.