Councils given use of courtrooms

[Barker]

UK councils have been known to be given use of a courtroom in a magistrate's court and then use a legal adviser to issue council tax liability orders. This is justified by the idea that although no magistrate of magistrate's clerk was present, they have delegated the task of issuing council tax liability orders to a legal adviser. Is the council acting illegally by doing this, and if so, what offence are they committing?

[islandgirl]

Legal advisor is the modern name for magistrate's clerk. Usually magistrates are handed hundreds of orders and just sign them off. We hear cases only where those who are said to owe money come to court and explain why there has been an error and why their order should be removed from the pile. It may be that the pandemic has led to legal advisors being given the power to do this but I have not seen it - usually mags are in the courtroom and sign off the bundles of orders. However it would make little difference as we do not read each individual case. The only ones we hear are those where the council tax payer turns up...

[Barker]

Legal advisor is the modern name for magistrate's clerk. Usually magistrates are handed hundreds of orders and just sign them off. We hear cases only where those who are said to owe money come to court and explain why there has been an error and why their order should be removed from the pile. It may be that the pandemic has led to legal advisors being given the power to do this but I have not seen it - usually mags are in the courtroom and sign off the bundles of orders. However it would make little difference as we do not read each individual case. The only ones we hear are those where the council tax payer turns up...

The magistrate's court openly admits that legal advisers are issuing council tax court summons https://www.youtube.com/watch?v=UfRor264pvs&t=422s

[R0b]

I wouldn't be so sure it is an offence (criminal I assume you mean) committed by the council, rather it would be a procedural error by the court. I think you need to look into the powers given to legal advisors and to give you an example, in civil cases, legal advisors are delegated certain powers such as approving consent orders between parties and possibly other case management powers.

Suggest you read the criminal procedure rules (link here). I've only scanned it quickly and you probably want to have a read of rule 2.4 and 2.8 which sets out the authorised powers and functions. Legal advisers are usually qualified lawyers and would fall into rule 2.4(2)(b) as an 'authorised court officer'.

[islandgirl]

If legal advisors are issuing the summons then they will have the clear legal authority to do so. It is probably a change due to covid to prevent a further backlog. Why on earth is it a problem when the mags don't read the individual summons anyway but just sign them? Mags would still hear from members of the public if they turned up and disputed the order. Councils have a right to prosecute for council tax, non school attendance etc. I wonder what the issue is? Were you sent a liability order issued by a legal advisor and wish to challenge it?

[Barker]

If legal advisors are issuing the summons then they will have the clear legal authority to do so. It is probably a change due to covid to prevent a further backlog. Why on earth is it a problem when the mags don't read the individual summons anyway but just sign them? Mags would still hear from members of the public if they turned up and disputed the order. Councils have a right to prosecute for council tax, non school attendance etc. I wonder what the issue is? Were you sent a liability order issued by a legal advisor and wish to challenge it?

The phone call to the magistrate's court was in 2014. They made it clear that the council was given use of a courtroom and a legal adviser was issuing the court summonses.

[islandgirl]

Well if they were they were legally allowed to do so. They are not given use of a courtroom - they have the right to prosecute. I very much doubt a legal advisor would do something illegal. Once again what is the issue so we can help (other than this one)

[R0b]

Liability orders and summonses are two different things - can't see anything wrong with what the legal adviser has done. If this was an issue that happened back in 2014, then you are way out of time to do anything about it.

[Barker]

Well if they were they were legally allowed to do so. They are not given use of a courtroom - they have the right to prosecute. I very much doubt a legal advisor would do something illegal. Once again what is the issue so we can help (other than this one)

I am trying to ascertain if the council has acted legally.

[Barker]

I wouldn't be so sure it is an offence (criminal I assume you mean) committed by the council, rather it would be a procedural error by the court. I think you need to look into the powers given to legal advisors and to give you an example, in civil cases, legal advisors are delegated certain powers such as approving consent orders between parties and possibly other case management powers.

Suggest you read the criminal procedure rules (link here). I've only scanned it quickly and you probably want to have a read of rule 2.4 and 2.8 which sets out the authorised powers and functions. Legal advisers are usually qualified lawyers and would fall into rule 2.4(2)(b) as an 'authorised court officer'.

Thanks. Will have a look.

[islandgirl]

I am trying to ascertain if the council has acted legally.

Thank you. I suspect they have

[Barker]

I wouldn't be so sure it is an offence (criminal I assume you mean) committed by the council, rather it would be a procedural error by the court. I think you need to look into the powers given to legal advisors and to give you an example, in civil cases, legal advisors are delegated certain powers such as approving consent orders between parties and possibly other case management powers.

Suggest you read the criminal procedure rules (link here). I've only scanned it quickly and you probably want to have a read of rule 2.4 and 2.8 which sets out the authorised powers and functions. Legal advisers are usually qualified lawyers and would fall into rule 2.4(2)(b) as an 'authorised court officer'.

Hi

It's looking like the legal advisers can be authorised by the magistrate to issue court summonses but not liability orders. I am still suspicious that liability orders may be being issued by legal advisers.

[islandgirl]

Who signed the bundle of 100 liability orders? If it was a Legal Advisor I doubt very much that they would do so without appropriate authority. As I have said the individual orders are not read or discussed but signed en masse.

[Barker]

Who signed the bundle of 100 liability orders? If it was a Legal Advisor I doubt very much that they would do so without appropriate authority. As I have said the individual orders are not read or discussed but signed en masse.

Are you saying that there is no hearing unless the defendant turns up?

[islandgirl]

yes that is it exactly. People are notified when it will be in court and have the chance to come along. They often meet the council people before the hearing and if agreement is reached their liability order is withdrawn. What case would there be to hear? We only have the council's side to listen to!