All methods of council tax recovery not required before conviction


Where a person has been summoned to a magistrates' court for a committal to prison hearing for non-payment then legislation requires that an enforcement agent must have been used first - there is however no legal requirement to have tried other recovery methods before applying.

For the reasons I have given I would allow this appeal and answer the two questions which have been stated for the opinion of this Court in the following way:

(1) ...
(2) The Magistrates' Court was not entitled to dismiss the Appellant's application or to quash the earlier commitment on the ground that it had not exhausted all alternatives to custody for applying to commit the Respondent to prison.