Since the Local Government Act 2003 my Council has taken a pro-active approach to sharing ctax data for empty property purposes.

I have direct access into the Council Tax system but no access to the Benefit System that runs alongside it. I manage perfectly well with this.

Myself and Council Tax work really well together and one way of persuading the powers that be may be the benefits you can bring to the ctax section. For example, if they are unsure who occupies a property or if it is in fact occupied, i.e. a property that is 'void' for ctax purposes then I will visit for them when I am in the area & feed back.

Also, I share information I find. For example I was recently out on site & noticed a property they have as an Exempt A was refurbished and up for let with an agent. They were then able to use this information to cancel the exemption and charge the full amount.

If there are difficulties in gaining access but officer support for doing so, consider incorporating some minor council tax function into the post/job description so that access is required. E.g. responsibility to inspect those empty on the ctax system so the correct liable person is being charge. However, you must be careful not to let this detract from empty homes work.

Also, our Council Tax bills/letter all say that they will share information to prevent fraud. Could this be incorporated in some way?

Sue

Hello Kristen,

It probably depends on whether the legislation permits you to use this information. The Local Government Act 2003 s85 inserts a new para (18A) into Schedule 2 of the LGFA 1992 specifically allowing Local Authorities to disclose personal Council Tax data to be used in the pursuance of empty property work. If this legislation also applies in Scotland, or if there is an equivalent, you should be OK - but I don't know if it does or not.

It's how we are able to get hold of this information in England.

Thanks for your replies.  I think a lot of your suggestions make sense Sue and I'll try to suggest some of these work arounds for councils up here. 

I think the crux is as the other comment says that the Local Government Act 2003 may not apply to Scotland, we do have an equivalent piece of legislation but I don't think it has an equivalent to Sec 85, I am checking with the Scottish Government to see. 

Prior to Sec 85 was it strictly prohibited for councils to use council tax data for the purposes of empty homes work or was it just more dependent on relationships between council departments?

Thanks again for your comments.

Kristen