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INSIGHT
INSIDE: DWP focus • Reflections • It’s a funny old world • Legal view • Education and membership
July 2014 £6.50 www.irrv.net
ISSN
136
1-13
05
Will transactingonline be justwishful thinking?Insight newcomer Pete Challis presents a powerful case for total local authority involvement in Universal Credit delivery
The monthly journal of the Institute of Revenues, Rating & Valuation
IRRV INSIGHT
Managing Editor
John Roberts
Editorial Director
Lester Dinnie
Art Director
Don Tregartha
Designers
Clare Barker
Roddy Clenaghan
Copy Editor
Vicki Chastney
Publisher
Tregartha Dinnie
Ltd
IRRV
Chief Executive David Magor OBE IRRV (Hons) Northumberland House 5th Floor 303-306 High Holborn London WC1V 7JZ T 020 7831 3505 E [email protected] W www.irrv.net
Enquiries Membership 020 7691 8996 Conferences 020 7691 8987 Subscriptions 020 7691 8996
©IRRV 2014. Reproduction in whole or in part of any article is prohibited without prior written consent. The views expressed in this magazine do not necessarily represent the views of theInstitute. Whilst all due care is taken regarding the accuracy of information, no responsibility can be accepted for errors. Any advice given does not constitute a legal opinion.
Features
Robert Brown BSc FRICS FIRRV
Carol Cutler IRRV (Hons)
Louise Freeth FIRRV
Gordon Heath BSc IRRV (Hons)
Roger Messenger BSc (Est Man) FRICS FIRRV MCIArb REV
Angela Storey Tech IRRV MCMI
Your IRRV Council:
IRRV PRESIDENT Richard Harbord MPhil CPFA FCCA IRRV (Hons) FIDP FBIM FRSA
SENIOR VICE PRESIDENT Kevin Stewart FIRRV MAAT MCMI
Alan Bronte FRICS IRRV (Hons)
David Chapman IRRV (Hons)
Phil Adlard Tech IRRV MlnstLM MCMI
John Clark FIRRV
Tom Dixon RD BSc (Est Man) FRICS IRRV (Hons)
Ian Ferguson IRRV (Hons)
Richard Guy FRICS (Dip Rating) FIRRV MCIArb
Mary Hardman IRRV (Hons) FRICS MCMI
Paul McDermott IRRV (Hons)
Kerry Macdermott IRRV (Hons)
JUNIOR VICE PRESIDENTJim McCafferty IRRV (Hons)
Maureen Neave Tech IRRV
Nick Rowe IRRV (Hons)
Alistair Townsend IRRV (Hons) MCMI
Bob Trahern IRRV (Hons)
HONORARY TREASURER Allan Traynor FCCA IRRV (Hons)
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Advertising T 020 7691 8979 E [email protected]
Editorial John Roberts IRRV (Hons) T 07952 659 258 E [email protected]
Tregartha Dinnie Ltd Ibex House 5 Keller Close Kiln Farm Milton Keynes MK11 3LL T 01908 306500 W www.tregartha-dinnie.co.uk
IRRV INSIGHT is produced by Tregartha Dinnie Ltd on behalf of the IRRV.
Unless otherwise indicated, copyright in this publication belongs to the IRRV.
July 2014 ISSN 1361-1305
A message from the Deputy Chief Executive.
Log in to ‘magazines’ in themember area of www.irrv.net to hear the message online.
Cover story 18
Will transacting online be just wishful thinking?
Insight newcomer Pete Challis presentsa powerful case for total local authority involvement in Universal Credit delivery.
Reflections 25
Reflecting on a valued careerInstitute stalwart of fifty-fiveyears Peter Fairhurst makes a fitting contribution to Insight’s occasional series.
Editor’s welcome
3
Regular items
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John Roberts IRRV (Hons) is Managing Editor of the Institute’s magazines
The advent of summer may mean a pleasant break away from the pressures of work, but we’re here to make sure you keep up to date with the latest developments, whatever your chosen element of the profession. Now that Insight is available electronically to all of our members, access is of course available wherever you are around the world... but don’t forget to relax in between catching up!
This month, our cover story incorporates an invite to join the debate on the emergence of Universal Credit and the welfare reform agenda. UNISON’s Pete Challis, who presented a paper to the IRRV’s Welfare Reform and Benefits Conference at Keele earlier this year, is back with a spirited defence of the role of the local authority in benefits administration. Pete’s challenge is for readers to comment on his forthright views, and to ensure that the local authority of the future includes a key role in the delivery of the new benefit. Contact me on [email protected] with your views, and we’d be happy to publish them, or even turn them into articles for your magazine. Alternatively, why not use the opportunity to let our Chief Executive, David Magor, know you views by tweeting him – his Twitter details are in our ‘Chief Executive’s Notes’ on page five.
Of course, the July issue of Insight includes many of our regular features, including contributions from our friends with the Local Government Ombudsman and the Department for Work and Pensions, and a special ‘reflections’ piece penned by long-standing Institute member and Past President Peter Fairhurst, who caps fifty-five years of membership with some recollections that will no doubt strike a chord with many of you.
Read on and enjoy!
“ A very literal warm welcome (hopefully!) to the July edition of our member-ship magazine, Insight.”
What’s in the next issue... • newcomer George Massey on the rating
of empty property
• Wales in the spotlight, as Moira Hepworth reports from Llandrindod Wells
• leadership skills with a difference from Mark Davies
Chief Executive’s notes 05
News and events 06
Education and membership 08
Running the Institute 10
From the archives 11
Its a funny old world 12
Faculty Board report 13
Valuation matters 14
Benefits bulletin 16
DWP focus 17
Collection & enforcement 21
Legal view 24
LGO update 28
Management 29
Technology 30
Doherty’s despatch 32
Viewpoint 34
Milton Keynes Service Partnership is the largest front-facing service provider to Milton Keynes Council, covering an area of 103,500 households and almost 7,000 businesses. In partnership with the Council our Revenues & Benefits Service deals with some 200,000 documents, 142,000 phone calls, 62,000 reception visitors a year and pays out £101,643,197 in Housing Benefit and £14,701,724 in Council Tax Reduction
The award winning Service administers and collects Council Tax and National Non-Domestic Rates of about £250 million each year.
Following a recent restructure, we have a number of exciting opportunities for experienced Revenues and Benefit practitioners to strengthen our team.
For a full list of vacancies please visit our website www.mksp.org.uk
Revenues Operations Manager£48,000 to £50,000 Ref: 59000657We are looking for a highly talented and enthusiastic Revenues professional to lead the Revenues Service.
This is a senior role reporting directly to the Revenues and Benefits Service Delivery Manager. With full IRRV qualification, or equivalent experience, you will have a track record of leadership at a senior level together with an in-depth knowledge of the working practices and management of a successful Revenues Service. With strategic vision and the ability to translate it into achievable objectives you will be skilled in managing performance, projects, and change; and understanding and meeting the needs of customers. With responsibility for about 40 staff this is a role that demands exceptional skills in staff management and development
The key deliverables include:• LeadingtheServiceintothefuturetakingastrategicview
of service delivery needs• ManagingtheRevenuesServicetomeetitspurposeof
issuing prompt and correct bills that are understandable and easy to pay; and collecting monies outstanding quickly and efficiently
• MaximisingperformancetoensureahighqualityServicethat is responsive to the needs of our customers
For informal enquiries please contact Alistair Townsend, Service Delivery Manager - Tel 01908 253713
Recovery Manager £40,000 to £45,000 Ref: 59000658We are looking for a Revenues Recovery Manager to be part of the Management team to shape and drive the Service in recovering a variety of debt types. MKSP is continually redesigning the way it delivers exceptional value for money services for Milton Keynes Council and its citizens and this
role is to maximise cash collected and you will motivate and inspire the team and third party suppliers to meet and exceed performance targets.
Your focus will be in motivating, developing and supporting your team to collect a variety of debt types, including Council Tax, Business Rates and Housing Benefit Overpayments as well as managing external suppliers to maximise cash collection. Along with the drive, attitude and genuine desire to consistently exceed targets you will lead the team to redesign processes to continually improve performance.In addition to management experience, you will have significant experience of representation & advocacy in the Magistrates Court and Valuation Tribunal.
The key deliverables include:• Managingtheenforcementofdifferentdebtstreams,
including Council Tax, NNDR and Housing Benefit overpayments
• Creatingeffectivepartnershipswithenforcementbodies• AssistinginthecontinuousimprovementoftheRevenues
Service.
For informal enquiries please contact Alistair Townsend, Service Delivery Manager - Tel 01908 253713
Assistant Assessment Manager£36,000 Ref: 59000652With significant experience in Housing Benefit & Council Tax Reduction processing activities, you will have previous experience & success in managing and developing a team as well as a good working knowledge of Benefits legislation including council tax reduction schemes.You will support the Benefits Assessment Manager in providing an efficient, high quality and customer focused Benefit service that delivers both corporate and team objectives that exceed expectations. The role will involve:• AssistingtheBenefitAssessmentManagerinensuring
an effective & efficient Service that continually meets its key performance indicators and service measures & achieves customer excellence
• Managing a team responsible for the accurate and prompt administration of claims for Housing Benefit and Council Tax Reduction
For informal enquiries please contact Gill Long, Benefit Assessment Manager - Tel: 01908 253188
To apply, please visit www.mksp.org.ukClosing date: 13 July 2014Please quote appropriate reference.
Partnership No: OC380848Registered address: Civic Offices, 1 Saxon Gate East, Central Milton Keynes MK9 3EJ
Milton Keynes Service Partnership
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5David Magor OBE IRRV (Hons) is Chief Executive of the Institute
Their challenge is to find better ways to fund local services and
promote economic growth in England. The Commission is to
be chaired by Darra Singh, now a partner with the Government
and Public Sector team at Ernst and Young. The Commission is
expected to publish interim findings in the autumn, ahead of a
final report in early 2015.
There is no doubt the Commission will hope to influence
the main political parties in the lead up to the next General
Election, and ultimately shape the debate on the future of
local government finance.
The aim of the Commission will be to examine the options
for the reform of financing, to enable local government to
address the following five key challenges:
• promoting economic growth and investment in infrastructure
• ensuring sufficient housing is provided in every place
• integrating the health and social care systems to promote
independent living, including preventing unnecessary
health interventions
• achieving a welfare benefits system that promotes work and
protects the vulnerable
• supporting families and developing young lives through
early intervention.
We all know Darra Singh is a very talented individual, but he
will have to be at his best to steer this juggernaut through
the troubled waters of local government finance. The cloaked
reference to the functionality of Universal Credit will certainly
attract attention, particularly if they challenge its flawed
delivery model and protect the support for housing costs. Of
the other challenges, there can be no argument that they are
touching the pulse of the major issues facing our society, but
where is the money going to come from?
If the Commission is to have any impact it must meet, head
on, the operation of the rate retention scheme, be brave in
making recommendations for modernising council tax to create
a stable property tax that is fit for the 21st century, and find
additional sources of revenue that will give local government
a stable financial foundation that will create a strong,
fiscally independent, sub-national government. Successive
governments have tried to destroy local government in
England by piecemeal reform and the application of a
financial straightjacket.
The ‘mission impossible’ for Darra and his team is to create
a model for local government that will re-establish its role as
the foundation of our democracy. I wish him well, and give him
the assurance that the Institute will be ready to help him in
his endeavours.
Let our Chief Executive, David Magor, know your views by tweeting him on twitter.com/@DavidLMagor
Chief Executive’s notes
“There is no doubt the Commission will hope to influence the main political parties in the lead up to the next General Election, and ultimately shape the debate on the future of local government finance.”
Just another Commission?
Let’s hope it turns out be more than that, says David Magor
CIPFA and the Local Government Association have set up an independent commission to make recommendations for the reform of local government finance in England.
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West Midlands AssociationThe West Midlands Association’s first event of 2014/15 took place at the offices of BNP Paribas Real Estate at Colmore Row in Birmingham on 19 May, when Simon Horsington spoke on the subject of rates retention, and lessons learned from the first year.In the first half he set the scene, describing the combined
effect of the new funding arrangements and welfare reform
as the “biggest changes for revenues and benefits in 30
years” – a statement few would disagree with. He also
referred to the need for authorities to ensure they take into
account the need to satisfy the Equality Act and ‘best value’ when making changes to the way they operate.
In the second half, Simon went into the practical steps
authorities need to take to ensure they maximise their rate
income, including ensuring staff have the necessary skills,
and all rateable properties are identified and notified to the
VOA. I was particularly impressed with his understanding
of the numbering system used by one company for its
advertising rights on bus shelters – I don’t think he keeps
the individual numbers in a notebook in his anorak pocket,
but he clearly knows his stuff! I for one certainly found that
after the meeting I was seeing advertising rights, ATMs and
radio masts everywhere, and one of my colleagues now
looks out from the top deck of the 33 bus every morning
for anything we might have missed!
Thanks to Andrew Ludwig, Secretary and Vice President of
the Association, for this report.
News and events
Peter Mather – a celebration of life
Insight is extremely sorry to report the sad loss of Peter Mather, who died recently after a long illness, leaving a wife and two children.
Having worked for a number of other north-west councils from 1978, his
final move was to Trafford MBC in 1986, where he retired from the post of
Head of Revenues and Benefits in July 2012. His loss is not only felt solely
at Trafford, but by colleagues and friends across the region, and elsewhere
within the Institute.
Peter was a keen supporter of the IRRV, and was especially keen to
champion the benefits of membership, supporting many colleagues and
junior officers studying for their IRRV examinations, and mentoring their
career progress. He was also a regular magazine contributor.
Peter had many words of wisdom to offer, with some famous quotes that
he would often bring to any discussion. If something had gone wrong (in
another section of the council, as nothing went wrong in Peter’s!) he would
say “but that’s the first page in the text book”, or “what planet are they
on?” His staff meetings were often akin to a dressing room, as he invariably
solved issues by reference to how his favourite football club, Liverpool,
worked together as a team. This didn’t always go down well in a borough
that hosts Manchester United!
His positive attitude to life even at its most difficult was displayed none
more so than in the two years after his diagnosis. He showed tremendous
strength in just continuing to get on with making the most of life.
In a moving funeral service, attendees were treated to a written
‘swansong’ from the man himself, ranging from his love of sport, his family
and life itself. He concluded with a very moving but fitting summary – “Yes,
on reflection it’s been a wonderful life and a fantastic journey. Celebrate
my life and don’t be too sad, as I know we will meet up again. As the old
saying goes, ‘Do not cry because it’s over, smile because it’s happened!’ ”
Editor’s note – Insight is grateful to Peter’s friends and colleagues from
Trafford MBC and the Lancashire and Cheshire Association, who have
contributed to this tribute.
The President’s blog As Institute President Richard Harbord continues on the endless tour of Presidential duties towards the normality of life after the role, he invites members to share in his activities.Richard’s update chronicles his latest
travels, in what he declares as the
busiest time of the Presidential year.
You can find out exactly what Richard
has been up to over the past few
weeks by logging in to http://rich-ardharbord.blogspot.co.uk/.
Performance Awards 2014 –the finalists are on show!The finalists in each category of the Institute’s 2014 Performance Awards are scheduled to be announced very soon after the publication of this edition of Insight.
Log in to irrv.net/Awards and find out who is on
course to appear at this year’s Performance Awards
Gala Dinner, when the winners in each category will be
announced and trophies presented. The event will be
held during the IRRV Annual Conference at Telford on
Wednesday, 8th October 2014.
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IRRV organisational members JBW sponsor Impstart Trust JBW has donated the sum of £6,000 to The Impstart Trust to support the charity’s purchase of a coach for its team.The ‘IMPS’ is dedicated to educating children
through, though not exclusively, their leisure
time activities. This is delivered by a disciplined,
dynamic and challenging programme of
activities with a world-famous motorcycle
display team at its heart.
Known for their extraordinary displays of
Captions invited!
It’s caption time once again...This month we focus on an all too familiar victim – our Deputy Chief Executive, Gary Watson. What are Gary’s thoughts as he stares intently at the laptop? Email the Editor on [email protected] with your suggestions!
Last month, we needed a caption to describe
Senior Vice President Kevin Stewart’s thoughts,
as he ponders confining something (or someone!)
to the Institute’s very own ‘Room 101’. Our winner
this month is Matt Wilson of Watford BC, with “Did I ever show you a picture of the amazing set of wheels they put me in charge of during the Paralympics?” As if that was not enough, Matt also
provided some more gems, including, “Work have just sent me this brilliant filing tray for all my amazing ideas!” and “They let me drop Lord Freud off - what an honour it was to have him come and talk at our conference! I wonder if he made his train OK?”
Datatank’s Rob Andrews came a close second,
though, with “As his Presidential year fast approaches Kevin has taken talking rubbish to a new level.”
Northern Ireland transitional scheme consultation launchedThe Department of Finance and Personnel in Northern Ireland has
launched a public consultation on the details of the Transitional Rate
Relief Scheme to manage rates convergence as a result of local
government reorganisation. The scheme is intended to help ratepayers
who would otherwise face sudden increases in district rates. Key IRRV
personnel and members have been heavily involved in assisting with the
process. The consultation document is seeking views on the following:
• the eligibility criteria for the scheme
• the duration of the scheme
• the level of relief to be provided each year.
The consultation document can be viewed on http://www.dfpni.gov.uk/rating-review/140529_review_of_public_administration_consultation_paper_-_final_draft.pdf.
discipline and skill, the IMPS displays feature
a billowing fire jump and multiple motorcycle
combination ‘cross-over’ routine. Their youngest
performer is only five years old!
Jamie Waller, CEO of JBW said, “Having
joined the IMPS at the age of 5 and spending
11 years of my life travelling the world, riding
motorbikes and learning vital life skills, I am
delighted to help assist others achieve the
same. The time I spent with the IMPS helped
make me the person I am today. It is great
to give something back with the success they
helped me achieve.”
Number in council tax arrears has rocketed, says Citizens AdviceThe number of people seeking help for council tax arrears has ‘rocketed’
to become the most common type of debt problem, Citizens Advice has
said. Between January and March 2014 the organisation helped 27,000
people who had fallen into council tax arrears – a 17% increase on the
same period in 2013. This comes after council tax benefit changes were
introduced in April 2013.
Citizens Advice said one in five people who had reported debt
problems to the charity in 2014 had a council tax arrears issue. The
charity called for local councils to ensure council tax support schemes
were focused on families and households who were ‘most in need’.
The organisation said 42% of people who asked it for help between
January and March with council tax arrears were employed, compared
with 28% who were unemployed, and 30% not working due to ill health,
caring responsibilities or retirement.
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Education and membership
Kevin Stewart FIRRV MAAT MCMI is Senior Vice
President of the IRRV, and Chair of the Education
and Membership Committee
New members
Don’t forget to update your membership details.
Log on to
www.irrv.net
STUDENT MEMBERSNAME EMPLOYER
Heather Rochford Kingford Partnership Limited
CORPORATE MEMBERS NAME EMPLOYER
Diane Turner arvato UK
Allan Gunn The Highland Council
HONOURS MEMBERS NAME EMPLOYER
David Lewis Manchester VOA
Nicholas Lambarde Scott Scott Davidson Ltd
Kenneth McCormack GVA James Barr
Philip Deacon Self-employed
Andrew Birch North Lincolnshire Council
QCF MEMBERS NAME EMPLOYER
Catherine Cox Wycombe District Council
ORGANISATIONAL MEMBERS NAME
LHL Property Auditors Ltd
This month, I will concentrate largely on
membership matters, as by the time you read
this article, the exams will have taken place and
students will be eagerly waiting for their results.
For the benefit of students sitting the IRRV exams
in June 2014, can I please take the opportunity
to remind you that you will be able to obtain your
results on the Institute’s website from 9.30am
on Wednesday 20th August 2014. Please
note that to obtain your results you will need
your IRRV membership number, your student
number, and your membership subscription
needs to be up to date. Finally to all you June
2014 students, good luck, and I hope to be able
to present certificates as the current Chair of the
Education and Membership Committee to some
of the successful students at the IRRV Annual
Conference this coming October.
Now back to membership matters. We have as
you may have noticed just released an online
IRRV Members’ Directory that gives the
names of all members of the Institute including
organisational members. This directory is
available at http://irrv.net/membership_directory/. The IRRV used to produce this
directory in hard copy form, but we will now
regularly update the new online version (we
hope as often as weekly), so there will be
no need to completely produce a brand new
copy every year. If you are an IRRV member,
please check your own individual entry to see
if anything needs correcting – including which
Association you have been placed in – the
directory lists members by Association. If you
see anything that needs correcting, or there
are any suggestions to improve the directory
further, please do let us know.
As you will all know, I am due to become IRRV
National President on 8 October 2014. One
of my main tasks, building on the work of my
illustrious predecessors, is to retain and build
on the current IRRV membership. The current
IRRV membership categories are highlighted
at http://www.irrv.net/membership/index.asp. If you know of anyone you feel is
interested, or you feel would like to become a
member (even with a gentle push!), please talk
to them or let me know, and I will ensure that
someone, including possibly me, talks to them.
As well as individual IRRV membership, the
Institute offers Organisational Membership
of the IRRV. Further details can be found
at http://www.irrv.net/home/item.asp?ID=1231&Search=organisational membership&SearchPage=Y.
We already have a number of organisational
members, and if you wish to join this category
you will get a number of benefits, such as the
use of the IRRV organisational membership
logo, inclusion in the electronic ‘Find a Member’ online Directory, 25% discount on
advertising in IRRV magazines, discount on
all IRRV publications and on exhibition stands
and delegate places at IRRV Conferences,
Professional Meetings/Training Days, and the
IRRV suite of electronic products. Use of the
Technical Enquiry Service is also a valuable
part of the package.
If you are interested in becoming an
organisational member, please let the IRRV
know or complete the application form at
http://www.irrv.net/documents/31/Org_Membership_Flyer_2013.pdf.
It’s Kevin Stewart’s turn again to point out the many benefits of IRRV membership
Don’t forget to update your membership details.
Log on to
www.irrv.netCongratulations to everyone!!
NAME QUALIFICATION EMPLOYER
Iain Bowler Level 3 QCF Generic Pathway Wycombe DC
Frances Collard Level 3 QCF Benefits Pathway Kings Lynn & West Norfolk BC
Nick Dobbs Level 3 QCF Local Taxation Pathway East Dorset DC
Alexandra Fox Level 3 QCF Revenues Pathway Ipswich BC
Gemma Francis Level 3 QCF Benefits Pathway Kings Lynn & West Norfolk BC
Nathan Jones NVQ in Housing and Council Tax Benefits Conwy County BC
Sam Kay Level 3 QCF Revenues Pathway Redbridge London BC
Erika Parry NVQ in Local Taxation Gwynedd Council
Paula Smart Level 3 QCF Benefits Pathway Weymouth & Portland BC
Latest vocational qualification successes
IRRV Distance Learning
T: 020 7691 8984
W: www.distancelearning.org.uk
Achieve Your Potential with IRRV Distance Learning Courses
IRRV Certificate Level 3
This course is designed for those who wish to gain a professional qualification and further their careers.
Streams available:
• Revenues and Welfare Benefits Stream
• Business Rates Stream• Valuation Tribunal Stream
Fee: £1260.00 + VAT
IRRV Professional Diploma
This course is designed for those who wish to progress to senior positions. The Professional Diploma leads to the highest level qualification, IRRV Honours.
Stream available:
• Revenues and Welfare Benefits Stream
Fee: £1410.00 + VAT
Special Offer:
3 for 2 on multiple enrolments* or 10% off individual enrolments * This offer is valid on multiple bookings with a minimum of 3 candidates.
IRRV London Level 3 Certificate and Diploma Qualifications
T: 020 7691 8974
W: www.irrv.net/courses
The Institute is again offering a Level 3 Certificate and Diploma course for 2014/15IRRV Level 3 Certificate
The subjects on offer for Level 3 Certificate will be as follows:
• Council Tax Law• Non-Domestic Rate Law• Revenues & Local Taxation
Administration with Fraud• Welfare Benefits
Tutors: Gary Watson, Louise Freeth, Richard Pain
Fee: £1195.00 + VAT
IRRV Diploma
The subjects on offer for Diploma will be as follows:
Compulsory:
• Centrally Set Assignment• Elective Assignment• Management 1 & 2• Management Case Study• Revenues Administration &
Public Sector Finance
Optional (One of the following two subjects):
• Law of Council Tax and Non-Domestic Rate
• Welfare Benefits
Tutors: Sean Langley, Allan Traynor, Janet Alexander
Fee: £1410.00 + VAT
Special Offer:
3 for 2 on multiple enrolments* * This offer is valid on multiple bookings with a minimum of 3 candidates.
Running the Institute
The Institute has recently launched a brand new version of its popular member directory.
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NEW IRRV MEMBER AND ORGANISATION DIRECTORY LAUNCHED
Annual General Meeting 2014
The 2014 Annual General Meeting of the Institute will be held on Tuesday 7 October 2014, at 5.00 pm (provisional timing), at the Telford International Centre, at the conclusion of the first day of the Institute’s Annual Conference.
The agenda for the meeting will include approving the Council’s Annual Report, approving the Accounts of the Institute, fixing annual subscriptions for 2015, and approving amendments to the Articles of Association of the Institute.
The full notice of the AGM, will be published on the Institute website (www.irrv.org.uk) from 5 September 2014.
The last version, issued in 2012, has been completed updated, and is now available online – it includes details of all members, listed by membership category, within the member’s Association. The new online version of the directory also includes details of the faculty of preference selected by members.
As an online facility, the Directory will always be current – it will be updated at least weekly.
In addition to details of individual IRRV members, the directory includes an
up to date list of organisational members, as well as a list of handy contact details for other organisations that the Institute has close associations with, for example government departments.
Key partners of the IRRV, exhibitors and sponsors are also included in the document, and the opportunity to advertise in this key publication is also available. If you want to advertise your organisation’s services in the directory, or act as a sponsor, contact [email protected].
The Executive Committee next met on 9th
March, when the minutes from the meeting held
on 26th January were agreed as being accurate.
It was reported by the Honorary Secretary that
the balance at the bankers had now risen to
£24.4/10, with £16-10-0 received in
membership subscriptions and £3.15/- in
benevolent fund donations since the last
meeting. Furthermore, three new members had
joined the Association in the past three months –
if only we could say the same today!
Accounts for the annual dinner were submitted
by the Honorary Secretary, who confirmed an
account of the proceedings had been forwarded
to some 19 newspapers. There is no record of
what coverage, if any, was given to the event.
The out of pocket expenses for the annual
dinner (having deducted the sale of tickets) were
£7.1/10. An account for payment (£12.17/-)
from Messrs Winkley & Son for printing was then
discussed, and approved for payment.
The Secretary then read a letter from Mr Cook
of St. Georges Union in which he confirmed
his willingness to serve on the Executive of
the Association. After some discussion, it was
eventually agreed a letter be sent to Mr Cook
advising that he convene a meeting of his
immediate colleagues in St Georges Union, and
of the need to choose a representative in the
usual way.
A joint communication from Messrs Coates
and Wallis (Hampstead Collectors), dated
15th February, was then read. Both gentlemen
sought the opinion of the Executive on an
order they had put forward to the Local
Government Board under Section 33 Local
Government Act 1894. In particular, they
were looking for advice on what protection
they should look to take as a result of powers
placed on rate collectors by new legislation.
It was agreed that at this time, the Executive
Committee should not offer such opinion and
the gentleman be advised accordingly.
The final item for discussion was a testimonial
to the Honorary Secretary which had been
unanimously supported at the AGM on 26th
January. It was agreed this be chargeable to the
general funds, although a committee should
be formed to take this forward. Back then, the
Association also loved a committee. How true
is the saying that “a committee is a group that keeps minutes... but loses hours”.
On 27th April the Executive Committee again
met, apologies were read, and the minutes from
the previous meeting agreed. The Honorary
Secretary stated that the balance at the bankers
was now standing at £29.19/10, with a further
£23.10/- received in membership subscriptions
and £3.10/- in benevolent fund donations since
the last meeting. A cheque on behalf of the fund
for £8 was handed to the Honorary Treasurer.
The Honorary Secretary added that five new
members had now joined the Association. It
is not clear whether this was in addition to the
three that joined earlier in the year, although the
recruitment drive was certainly proving to be
a success! A challenge here lies for all current
Associations – if they can achieve the same level
of new members in their area this year, I am
sure national Council will find a way of rewarding
them. Watch this space...
Attention then turned to the representation
for the St. Georges Union, and letters from Mr
Cook dated 12th and 22nd April were read. It
was agreed unanimously that Mr Cook be elected
for the remainder of the year. If current Institute
members share the same enthusiasm as Mr Cook
in standing for national Council, they have until
1st August 2014 to submit a nomination form.
It was also agreed that Mr Norton Cadman from
the Town Hall, Lower Edmonton, also be elected
for the Edmonton Union – whether he shared Mr
Cook’s enthusiasm in wanting to stand, we just
don’t know!
Mr Arthur White (Paddington) then introduced
a matter regarding the Superannuation Bill, notice
of which he had given prior to the meeting.
After some discussion, Mr White withdrew his
notice, and thanked the committee for their
consideration. Various notices of motion were
then put to the Executive Committee by Mr
Cook (who had just been elected, but was not in
attendance) on the uncertainty of rate collectors
under new legislation. Whilst there was support
for the spirit in which the motions had been
submitted, a decision was deferred to allow
for the enthusiastic Mr Cook to attend the
next meeting.
After the success of the annual outing in the
previous year, the Executive Committee went
on to agree a date for the event that year, this
being Saturday, 6th July. The price of each
ticket would be 17/6, with final arrangements
left in the hands of the Chairman, Vice
Chairman, Treasurer and Honorary Secretary.
Another committee... albeit a sub-committee.
The Honorary Secretary then reported that
there were several subscriptions still unpaid,
and asked to be allowed to forward a second
notice to those members who had not
subscribed, reminding them of the fact. All was
very polite, and the request was granted.
Having had his request granted, the Honorary
Secretary then reported he had received
donations to the benevolent fund from Messrs
Kelly and Wilson, although they did not desire
to subscribe to membership of the Association.
It was agreed that overtures should be made to
both gentleman, with a view of trying to entice
them to take out full membership. This was
agreed, although there is no indication from the
minute book as to what overtures were made,
and whether they resulted in full membership
being taken out.
At this point, the meeting concluded.
Members are invited to contribute towards the feature and come forward with their own personal
memories of the Institute. The Deputy Chief Executive is also happy to try and answer any questions
on the Institute’s history. In addition, copies of previous articles can be provided on request.
Please contact him on [email protected] L Watson IRRV (Hons) is
Deputy Chief Executive of the IRRV
From the
“ Back then, the Association also loved a committee. How true is the saying that “a committee is a group that keeps minutes… but loses hours.”
It’s still 1895, and the second part of Gary Watson’s latest analysis of our history continues to paint a busy picture
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It’s a funny old world
Lundy is a small island lying off the North
Devon coast. It is currently owned and managed
by the Landmark Trust, a charitable organisation
that looks after buildings of historic interest.
Lundy Island is part of the district of Torridge –
business rates and council tax are charged on
its properties, but this wasn’t always the case,
in fact at one stage, Heaven had his place on
Lundy... literally!
In 1836, Mr Heaven purchased this remote
island, three miles by one. At the time it was
classed as nowhere – it was in no county, and
for all imperial, county and municipal purposes,
it did not exist.
The following is taken from the Hartland and
West Country Chronicles of September 1906.
The Rev H G Heaven, the purchaser’s son,
described his father’s inspiration for purchasing
the island, when he said, “My father said that
in reading Robinson Crusoe as a boy he made
up his mind that he would have an island of his
Martin Reader continues his quirky tales of strange land and property with a visit to Lundy Island
Martin Reader is NNDR & Income Team Leader
with Torridge District Council. Contact him on
own, so he really bought it as a fad”. The island
originally cost £9,000.
The inhabitants of the island in 1906 totalled
between 30 and 40. In Mr Heaven senior’s time,
this was 400, primarily because granite quarries
were being worked. This happened for about
six years, and interestingly some of the stones
from Lundy are in fact in the foundations of
Westminster Bridge.
Rev H G Heaven came to the island at the
request of his father. “Here are all these people,
and no-one to look after their spiritual needs”,
he said. A church was subsequently built at
a cost of between £7,000 and £8,000, and
Sunday services became established.
According to the Rev Heaven, the islanders
have an enviable life. He says, “We pay no rates
or taxes, but we can call upon the government
for protection. We are attached to no parish or
union, and we have no poor. Each man has
his work to do, and all are engaged in farming,
except the postmaster, Lloyd’s man and two
fishermen. There is no license for the sale of
intoxicating drink on the island, and there is, of
course, no limit to the hours of keeping open.
Mr Taylor has the agricultural lease of the land,
and included in that lease is the sole right of
keeping store and trading on the island. There
is no compulsion upon people to send their
children to any school, and workmen are paid
so much for wages and given their cottages.
The island is rich botanically and etymologically.
Seventeen sorts of fern grow here, and we have
400 different species of beetles. There are five
sorts of gulls here. The puffins, with red beaks,
which you see in the sea round here, are called
Lundy parrots. The pasture land is exceptionally
good, especially for the sheep.”
Today, the island is popular with day trippers,
and can be reached by helicopter or boat. If any
reader is coming to North Devon on holiday
this summer, I would recommend visiting the
tranquil Lundy Island.
The Kingdom of Heaven – literally!
Twitter ChatDavid Magor OBE IRRV (Hons) will be holding a live Twitter Chat on Wednesday the 16th of July 2014 at 11.00-11.30am. The topic for discussion TBC, keep an eye on the IRRV website, Facebook Page, and Twitter for more details. If you would like to make a comment, ask a question or have your say, then please join in, using the hashtag #IRRVCHAT; you can then simply click on the hashtag to see all relevant tweets and follow the chat.
If you have any questions, or would like to register your interest; then please contact [email protected].
Don’t forget to follow the IRRV on Twitter and find us on Facebook for all the latest news and updates on the Institute.
• David Magor @DavidLMagor
• Gary Watson @GaryLWatson27
• IRRV Officer @irrv_officer
• Find us on Facebook
Editor’s welcome
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John Roberts IRRV (Hons) is Managing Editor of the Institute’s magazines
“ Welcome to the May edition of INSIGHT.”
This month, we’re emailing our membership magazine to a number of key professionals who aren’t yet members of the Institute, so if you are reading it for the first time, or if you’re an ‘occasional’ reader who sees someone else’s copy, why not join the IRRV and find out about the many other attractions of being directly involved with the organisation that represents all involved in revenues, benefits and valuation?
Our regular readers will of course be familiar with many of our contributors, who provide incisive comment and analysis – just as you would expect from those at the leading edge of their respective professions. Alistair Townsend is back with an examination of key case law involving company voluntary arrangements, and the new enforcement legislation is under the microscope of Jamie Waller and Paul Caddy. Combine that with Ibrahim Hasan’s intricate examination of freedom of information law and practice, and the practical leadership advice offered by health and wellbeing guru Mark Davies, and an increase in your knowledge base is guaranteed!
Peter Scrafton also makes a welcome return, with the first part of a critique of the application of ‘reasonable repair ’. On the lighter side, Martin Reader looks at the quirkier side of rating, and our ever-popular caption competition once again proves a hit with the readership.
With many other pages of news and views both from within and without the Institute, if you are reading this magazine courtesy of a friendly IRRV member forwarding it to you, you really can’t afford to be out of the loop, so join the Institute today and don’t miss out! Go to http://www.irrv.net/membership/index.asp for more information... but in the meantime, read on and enjoy!
What’s in the next issue... • Reports from the Keele conference week
• Rowena Hunter presents an IRRV international feature with a difference!
• The world of technology as seen through Mel Poluck’s eyes.
Chief Executive’s notes 05
News and events 06
Education and membership 08
Running the Institute 10
It’s a funny old world 12
From the archives 13
Faculty Board report 14
Revenues roundup 15
Valuation matters 16
Back offi ce processing 20
Benefi ts bulletin 25
Data sharing/FOI 26
Management 28
Scrafton’s law 30
Doherty’s despatch 32
Viewpoint 34
P2-3 INSIGHT May2014.indd 3 16/04/2014 16:14
Editor’s welcome
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John Roberts IRRV (Hons) is Managing Editor of the Institute’s magazines
“ Welcome to the May edition of INSIGHT.”
This month, we’re emailing our membership magazine to a number of key professionals who aren’t yet members of the Institute, so if you are reading it for the first time, or if you’re an ‘occasional’ reader who sees someone else’s copy, why not join the IRRV and find out about the many other attractions of being directly involved with the organisation that represents all involved in revenues, benefits and valuation?
Our regular readers will of course be familiar with many of our contributors, who provide incisive comment and analysis – just as you would expect from those at the leading edge of their respective professions. Alistair Townsend is back with an examination of key case law involving company voluntary arrangements, and the new enforcement legislation is under the microscope of Jamie Waller and Paul Caddy. Combine that with Ibrahim Hasan’s intricate examination of freedom of information law and practice, and the practical leadership advice offered by health and wellbeing guru Mark Davies, and an increase in your knowledge base is guaranteed!
Peter Scrafton also makes a welcome return, with the first part of a critique of the application of ‘reasonable repair ’. On the lighter side, Martin Reader looks at the quirkier side of rating, and our ever-popular caption competition once again proves a hit with the readership.
With many other pages of news and views both from within and without the Institute, if you are reading this magazine courtesy of a friendly IRRV member forwarding it to you, you really can’t afford to be out of the loop, so join the Institute today and don’t miss out! Go to http://www.irrv.net/membership/index.asp for more information... but in the meantime, read on and enjoy!
What’s in the next issue... • Reports from the Keele conference week
• Rowena Hunter presents an IRRV international feature with a difference!
• The world of technology as seen through Mel Poluck’s eyes.
Chief Executive’s notes 05
News and events 06
Education and membership 08
Running the Institute 10
It’s a funny old world 12
From the archives 13
Faculty Board report 14
Revenues roundup 15
Valuation matters 16
Back offi ce processing 20
Benefi ts bulletin 25
Data sharing/FOI 26
Management 28
Scrafton’s law 30
Doherty’s despatch 32
Viewpoint 34
P2-3 INSIGHT May2014.indd 3 16/04/2014 16:14
Editor’s welcome
3
Regular items
INSI
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John Roberts IRRV (Hons) is Managing Editor of the Institute’s magazines
“ Welcome to the May edition of INSIGHT.”
This month, we’re emailing our membership magazine to a number of key professionals who aren’t yet members of the Institute, so if you are reading it for the first time, or if you’re an ‘occasional’ reader who sees someone else’s copy, why not join the IRRV and find out about the many other attractions of being directly involved with the organisation that represents all involved in revenues, benefits and valuation?
Our regular readers will of course be familiar with many of our contributors, who provide incisive comment and analysis – just as you would expect from those at the leading edge of their respective professions. Alistair Townsend is back with an examination of key case law involving company voluntary arrangements, and the new enforcement legislation is under the microscope of Jamie Waller and Paul Caddy. Combine that with Ibrahim Hasan’s intricate examination of freedom of information law and practice, and the practical leadership advice offered by health and wellbeing guru Mark Davies, and an increase in your knowledge base is guaranteed!
Peter Scrafton also makes a welcome return, with the first part of a critique of the application of ‘reasonable repair ’. On the lighter side, Martin Reader looks at the quirkier side of rating, and our ever-popular caption competition once again proves a hit with the readership.
With many other pages of news and views both from within and without the Institute, if you are reading this magazine courtesy of a friendly IRRV member forwarding it to you, you really can’t afford to be out of the loop, so join the Institute today and don’t miss out! Go to http://www.irrv.net/membership/index.asp for more information... but in the meantime, read on and enjoy!
What’s in the next issue... • Reports from the Keele conference week
• Rowena Hunter presents an IRRV international feature with a difference!
• The world of technology as seen through Mel Poluck’s eyes.
Chief Executive’s notes 05
News and events 06
Education and membership 08
Running the Institute 10
It’s a funny old world 12
From the archives 13
Faculty Board report 14
Revenues roundup 15
Valuation matters 16
Back offi ce processing 20
Benefi ts bulletin 25
Data sharing/FOI 26
Management 28
Scrafton’s law 30
Doherty’s despatch 32
Viewpoint 34
P2-3 INSIGHT May2014.indd 3 16/04/2014 16:14
Editor’s welcome
3
Regular items
INSI
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AY 2
014
John Roberts IRRV (Hons) is Managing Editor of the Institute’s magazines
“ Welcome to the May edition of INSIGHT.”
This month, we’re emailing our membership magazine to a number of key professionals who aren’t yet members of the Institute, so if you are reading it for the first time, or if you’re an ‘occasional’ reader who sees someone else’s copy, why not join the IRRV and find out about the many other attractions of being directly involved with the organisation that represents all involved in revenues, benefits and valuation?
Our regular readers will of course be familiar with many of our contributors, who provide incisive comment and analysis – just as you would expect from those at the leading edge of their respective professions. Alistair Townsend is back with an examination of key case law involving company voluntary arrangements, and the new enforcement legislation is under the microscope of Jamie Waller and Paul Caddy. Combine that with Ibrahim Hasan’s intricate examination of freedom of information law and practice, and the practical leadership advice offered by health and wellbeing guru Mark Davies, and an increase in your knowledge base is guaranteed!
Peter Scrafton also makes a welcome return, with the first part of a critique of the application of ‘reasonable repair ’. On the lighter side, Martin Reader looks at the quirkier side of rating, and our ever-popular caption competition once again proves a hit with the readership.
With many other pages of news and views both from within and without the Institute, if you are reading this magazine courtesy of a friendly IRRV member forwarding it to you, you really can’t afford to be out of the loop, so join the Institute today and don’t miss out! Go to http://www.irrv.net/membership/index.asp for more information... but in the meantime, read on and enjoy!
What’s in the next issue... • Reports from the Keele conference week
• Rowena Hunter presents an IRRV international feature with a difference!
• The world of technology as seen through Mel Poluck’s eyes.
Chief Executive’s notes 05
News and events 06
Education and membership 08
Running the Institute 10
It’s a funny old world 12
From the archives 13
Faculty Board report 14
Revenues roundup 15
Valuation matters 16
Back offi ce processing 20
Benefi ts bulletin 25
Data sharing/FOI 26
Management 28
Scrafton’s law 30
Doherty’s despatch 32
Viewpoint 34
P2-3 INSIGHT May2014.indd 3 16/04/2014 16:14
To book anadvertisementin Insight...telephone 0207 691 8979or email [email protected]
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DWP should pause implementation of SFIS
Progress is being made with the government’s
plans to transfer local authority and contracted
benefit fraud investigation staff to DWP. On
the first of this month, phase one of the Single
Fraud Investigation Service (SFIS) was due
to be implemented in nine local authority
areas (in the existing SFIS Pilot areas of
Corby, Hillingdon, Wrexham, Oldham, Cardiff,
Southampton and Cornwall, plus two new
sites in Blaenau Gwent and East Ayrshire).
The remaining pilot site, Glasgow City Council,
will delay implementation until 1st November
2014, in recognition of their focus on the
Commonwealth Games.
The House of Commons Work and
Pensions Select Committee report on fraud
and error in the benefits system report was
published in mid-May. The report included
a number of recommendations relating to
the DWP’s fraud, error and debt programme.
The Report found that SFIS is, in principle,
a good idea. However, it stated that it
makes no sense to roll out SFIS nationally,
ahead of the national implementation of
Universal Credit (UC), while local authorities
retain responsibility for housing benefit.
It recommended that the implementation
of SFIS be aligned where practicable with
the expansion of the UC pathfinder areas
and with national implementation of UC.
It further recommended that following the
summer 2014 SFIS pilots, DWP should
pause implementation of SFIS to enter into
negotiations with local government and
the relevant trade unions about a national
framework for the transfer of local authority
fraud investigations staff into the department.
Lord Freud, Minister for Welfare Reform,
considered these recommendations, and
confirmed that implementation of SFIS should
proceed as planned. So it is full steam ahead
for SFIS! All efforts are being made to ensure
the smooth transition for the phase one
delivery from 1st July, and work is ongoing
to contact and obtain relevant details in
preparation for start-up activities for phase
two areas going live in October, November
and December.
The Automatic Transfer to Local Authority
System (ATLAS) is the bespoke IT system
which provides benefit award information to
automatically update local authority systems
where there is a new award or a change in
award where a claimant is also in receipt of
housing benefit or legacy council tax benefit.
The system became fully operational in 2012
and accounts for a significant proportion
of the fraud, error and debt programme
forecast benefits.
In response to a recent shortfall against
predicted savings, and questions raised by
the Work and Pensions Select Committee
regarding ATLAS performance, a small project
team has been set up to undertake fact
finding to review the reliability of reporting and
forecast savings figures, inform likely causes of
shortfall, and provide initial recommendations
in mitigation.
The next steps in this process will see the
project team working with Housing Delivery
Division and local government to develop and
deliver an improvement plan that addresses
both benefits/savings realisation and business
process improvement.
In Scotland, the independent Expert Working
Group on Welfare has published its report,
outlining the principles that could underpin the
welfare system in an independent Scotland.
The report is designed to stimulate debate
for everyone in Scotland as they consider their
future, and the shape their welfare system
might take. The work builds on the Group’s
first report, published in June 2013, which
focused on what Scotland would inherit, and
the transitional priorities for change in the
event of independence.
The report identifies that Scotland is a wealthy
country, rich in assets. Performance relative to
the UK as a whole, its nations and regions and
other OECD countries, is strong. The amount
spent in Scotland on ‘social protection’, which
includes pensions and other welfare spending,
is lower as a share of GDP than in the UK as
a whole. It also concludes that the current
welfare system is too complex and too remote,
and it is increasingly losing the trust of both
those using the system and wider society.
The report recommends that a new system
must be fair, personal and simple, and provide
a springboard to maximise the life chances of
every individual, as well as a safety net.
There are nearly 40 recommendations for
welfare change in an independent Scotland.
Foremost is to re-establish the link between
benefit levels and the cost of living, with
benefits and tax credits being increased each
year by the Consumer Prices Index of inflation.
The current UK welfare cap on Annually
Managed Expenditure would be abolished,
and instead the report recommends that
independent Scottish governments should
report twice during their term of office to the
Parliament on the social security budget.
The report recommends the introduction
of a new Social Security Allowance (SSA). The
SSA would initially bring together a number
of existing benefits, but it would not include
housing benefit. The ‘size criteria in the social
rented sector’ (or ‘bedroom tax’ as the report
identifies it), would also be abolished.
Households would be allowed to choose
how often to receive the SSA across a month,
and who receives it, with the default being the
main carer (where this is relevant), not the
main earner.
“Lord Freud, Minister for Welfare Reform, considered these recommendations, and confirmed that implementation of SFIS should proceed as planned. So it is full steam ahead for SFIS!”
Faculty Board report
Activity for the attention of the Institute’s Benefits Faculty shows no sign of letting up, discovers Moira Hepworth
Moira Hepworth is the Institute’s
Policy and Research Manager
Valuation matters Geoff Fisher introduces another compendium of Valuers’ Association news and events Valuers’ Association Monthly Page
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Rating “Tax exemption was a privilege, not a right” – an interesting quote from
the European Court of Human Rights
(ECHR), in a decision in the rates exemption
case of the Church of Jesus Christ of Latterday Saints v UK, which is summarised
in Valuation Tribunal VIP32. Rating valuers
will recognise the case as Gallagher (VO) v.CJLS church 1964 UKHL56, which went all
the way up to the House of Lords, with the
organisation claiming rating exemption for
their temples. The EHCR dismissed the claim
that the denial of rates exemption was a
breach of Article 9 of the ECHR. See: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i= 001-141369#{%22itemid%22:[%22001-141369%22]} http://www.valuationtribunal.gov.uk/vip_newsletter.aspx.
Valuation Tribunal President’s Guidance Notes 7-1 (Disclosure and exchange) 1st May 2014 – this is an important new
update, adding Section 11A on where a
Statement of Case has been sent to the
Tribunal but not received by the other party
– raise it with the Tribunal at the earliest
opportunity, etc. Go to: http://www.valuationtribunal.gov.uk/Attending_ A_Hearing/PracticeStatements.aspx.
The Upper Tribunal of the Lands Chamber determined the rating
assessment of a car showroom and
workshop in need of repair – Thomas & Davies (Merthyr Tydfil) Ltd v S J Denly VO 2014). It was concluded that
there was insufficient evidence of repair
costs, or whether a hypothetical landlord
would have considered that such costs
were economically viable. References
are the Local Government Finance Act
1988 Schedule 6 para 2(1)(b), and Court
of Appeal judgements in Morcom v Campbell-Johnson 1956 and McDougall v Easington DC 1989, as well as Saunders v Maltby VO 1977, etc.
In British Car Auctions Ltd v Hazell VO 2014 the Upper Tribunal gave an interim
decision on the rating of Blackbushe airfield,
valued on the contractor’s test basis,
with considerations of modern substitute
(including length of runway, operational area
and car park), and allowances for disabilities
at Stage 5. The Rating Diploma Conference
on 18th September 2014 will be considering
this case, and the use of the contractor’s
method, as well as ‘valuing add-ons’, use of
turnover information, and the usual round-up
of other recent Tribunal cases.
The Rating Surveyors’ Association (RSA) Annual Report/AGM notes are now
on the RSA web page. See: http://www.ratingsurveyorsassociation.org/index.php?option=com_content&task=view&id=35&Itemid=39.
Dates for your 2014 diary... 3rd – 4th September:
IRRV Scottish Conference
18th September:
Rating Diploma Holders’ Conference
7th – 8th October:
IRRV Annual Conference,including Valuer Day
23rd October :
RSA Guest Dinner
28th November:
Rating Diploma Holders’ lunch
and AGM
General practiceThe base valuation date for Capital Gains Tax (CGT) is now 32 years on! In
the Upper Tribunal case of N C Chakravorty
v HM Revenues & Customs 2014, District
Valuer Martin Single had the unenviable task
of giving expert evidence and valuation of a Paddington house as at 31st March 1982, following a 2002 disposal. The legal
interest to be valued was a half share in
a lease with an unexpired term of three
years, and the leaseholder had purchased
the freehold in September 1982 (freehold
disposed of in 2003). The market value
for CGT statutorily defined by case law can
include Special Value (unlike Red Book ‘market value’) so in this case ‘marriage
value’ was considered at length. A 10% allowance made for half share was
supported by St Clair-Ford v HMRC 2005 and Newham HMofT v Hart 2000.
Olympic legacy and new East LondonThe IRRV London and Home Counties Association held a New East London and Olympic Legacy tour event in May,
led by Past President Geoff Fisher, which
started at the O2 Arena, crossed the Thames
via cable cabin to the Excel Centre, then
DLR to the Queen Elizabeth Olympic Park,
where Senior Vice President Kevin Stewart
navigated the Olympic Legacy, including the
Aquatic Centre, Mittal Tower, Copper Box
and Velodrome.
Valuation matters
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TEGoVA in the news againAt the recent round of meetings held by The European Group of Valuers’ Associations
(TEGoVA), long-standing friend of the IRRV
Krzysztof Grzesik was elected Chairman.
Krzysztof, of the Polish Federation of Valuers’ Associations, will lead Europe’s
representative real estate valuation body,
with its 59 member valuation associations
representing 70.000 valuers in 32 countries.
His immediate priority will be to assist
governments in developing reliable national
valuation standards for mortgage lending
based on European Valuation Standards
(EVS) as specified by the EU Mortgage Credit
Directive and favoured by the European
Central Bank.
Krzysztof takes over as Chairman of the
TEGoVA Board from IRRV Immediate Past
President Roger Messenger, who will
continue as Vice Chairman with special
responsibility for overseeing and developing
TEGoVA’s Recognised European Valuer
qualification which has already attracted over
2300 of Europe’s top valuation professionals.
He is a chartered surveyor, Polish qualified
valuer and a Recognised European Valuer
(REV), with over 35 years’ experience as a
property consultant in the UK and mainland
Europe. In the UK he first worked for several
years as a valuation surveyor at the UK
government’s Valuation Office, and then as a
partner of Kinney & Green, chartered surveyors
in the City of London.
In 1991 he set up the real estate services
arm of Price Waterhouse in Poland and
was also involved in agency and property
consultancy work in the Czech Republic,
Hungary and Russia. In 1997 he joined Healey
& Baker (Cushman & Wakefield) as a partner,
and in 2000 he became managing partner
of King Sturge Poland. In 2004, Krzysztof
established property valuation and advisory
firm Polish Properties Sp. z.o.o. in Warsaw.
Krzysztof is also a past chairman of RICS
Europe, and former chairman of the RICS
Continental Europe Standards Board. He is
the International Representative of the Polish
Federation of Valuers’ Associations (PFVA)
and sits on the Polish Valuation Standards
Commission.
John R. Frederiksen, President of the
European Property Federation, said “In
Brussels, TEGoVA has become a key partner
with the property industry in setting the EU
agenda for real estate. We look forward to
continuing this under Krzysztof Grzesik’s
leadership.”
The other Board members elected by delegates
at TEGoVA’s General Assembly in Oslo on
16th May are Silvia Cappelli (ASSOVIB –
Association of Property Valuation Companies
for the Banking Sector, Italy), Jean-François Drouets (AFREXIM – French Association of
Property Valuation Companies), Wolfgang Kälberer (vdp – Association of German
Pfandbrief Banks), Danijela Ilic (NAVS –
National Association of Valuers of Serbia),
Konstantinos Pallis (AVAG – Association of
Greek Valuers) and Adrian Vascu (ANEVAR –
National Association of Romanian Valuers).
You can find out more about TEGoVA by
visiting www.tegova.org.
Real estate in EuropeReaders are invited to check out ‘Property EU ’, an online publication which provides a
daily newsletter service detailing the latest
European real estate news, including deals,
company developments, fairs and conferences,
as well as the views of the leading decision
makers from around Europe.
There is a also a magazine featuring in-
depth interviews, ground-breaking research,
analysis and rankings of the leading European
real estate companies in a comprehensive
magazine that appears eight times a year,
together with regular investment briefings,
ongoing research information yearly special
reports and networking tools. You can find
more information by logging on to http://www.propertyeu.info/.
Valuation Tribunal activity to the fore once again
Go to www.valuationtribunal.gov.uk/ListingsAndDecisions.aspx for more key
decisions from the Valuation Tribunal for England. Amongst the recent decisions are
two key hearings dealing with the Council
Tax Class C exemption – J.C. (Appellant) v
Shropshire Council and R.Q (Appellant) v
London Borough of Bromley.
The Tribunal Service is also keen to make
readers aware of new President’s Guidance
on two important issues. The first document
tackles the composition and format of
bundles for the Tribunal (PGN1), and the
second deals with whether Statements of Case are public documents (PGN2).
You can view the documents on http://www.valuationtribunal.gov.uk/Attending_A_Hearing/RegistrarsGuidance.aspx.
Maureen Neave MBA IRRV (Tech) is
Benefits Manager with Vale of Glamorgan
Council, and an IRRV Council member16
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Benefits bulletin
implementation are expected. DWP has since
announced that the completion date has
moved to 2018.
The IT system still remains an issue,
with manual interfaces and manual support
still required. The DWP now has a twin-track approach to IT, where they are still
developing the existing system, on which the
government intends to spend between £37
and £58 million. At the same time, the DWP
is working on a new web-based end-state solution which is supposedly based on open
standards, which is yet to be tested on the
first 100 claimants. Anne Begg stated that
given the small number of people currently
claiming UC, the government should consider
whether it would be better use of taxpayers’
money to abandon further development of the
existing system and focus solely on the new
end of state solution. The Committee stated
that there is still worrying uncertainty with
UC, as IT systems remain a problem. It has
been reported that millions of pounds have
already been wasted, and with the numbers
claiming UC, it is so far costing an astonishing
£161,905 per person!
UC seems to be plagued with problems. It
has been reported that on 25 April 2014 an
information tribunal judge has unexpectedly
refused consent for the DWP to appeal the
ruling that four reports on the UC programme
can be published. The ruling undermines the
DWP’s claim that there would be a ‘chilling effect ’ if the reports were published. It
rejected the DWP’s claim that disclosure
would inhibit the candour and boldness of civil
servants who contributed to the reports. The
judge’s decision means the DWP will have to
publish the reports under the FOI Act, or it has
28 days to appeal the judge’s refusal to grant
consent for an appeal. Judge David Farrer QC
says his tribunal has understood the ‘chilling effect ’, but found no evidence that it was
relevant to the four reports in question. Indeed
the judge implies that if the chilling effect
Who gets the credit?
As I write this article, Universal Credit (UC)
sees its first anniversary, with Shotton the last
of the scheduled pathfinders going live. There
has not been any expansion on the client
group – it is still the very simplest of new
JobSeekers’ Allowance (JSA) claims, from
single new unemployed claimants without
any children who would have formally made
a straight forward JSA claim. Housing benefit
must not be in payment, and they must not
be in receipt of any other benefits. They must
already have a national insurance number, a
bank account, and cannot have capital over
£6,000 – and they cannot be a home owner
but can have housing costs, although only
rent... the list goes on and on!
Looking at the UC statistics reported in
March 2014, only 4,280 people have claimed
UC as at 31 December 2013, and it is stated
that around seven out of ten people were aged
under 25, with the higher proportion being
male claimants. DWP have always stated that
roughly 10% of this total would be claiming
housing costs, so this would be roughly 428
housing cost claims that would have been HB
claims. Personally, I think the housing cost
claims are lower because whenever DWP are
asked, they can never give a definite total.
Ann Begg MP, Chairperson of The Work and Pensions Select Committee stated
that the low figure demonstrates the scale of
challenges still facing the government in trying
to implement UC when you compare the UC
total to the 1.22million people claiming JSA for
the same period. She went on further to say
that “whilst it is right to ensure that the system
works properly before extending it,” but she
criticised the DWP for the “slow progress when
ministers promised one million people would
be on UC by April 2014”. She added, “there is
a difference between cautious progress and
a snail’s pace. Given the excruciatingly slow
pace of roll-out to date, it is hard to see how
the most recent implementation timetable
can be met,” suggesting that further delays in
existed, there would be evidence of it. The
tribunal said reports such as the risk register and project assessment review are
important indicators of the state of a project.
Their disclosure can give the public a chance
to test whether ministers and civil servants are
giving out correct information on the state of
a project.
Finally, is the DWP looking for yet another new leader for the project? It has been
reported that certain people have been
approached to see if they are interested in
becoming the leader of UC. It has also been
reported that Howard Shiplee, the fifth
Director General for the UC project, was off
sick earlier this year for several weeks, and he
is still quite ill and not back working full time.
Apparently the DWP insists there are no plans
for him to step down, and there were further
plans for expansion of the welfare reforms to
take place in the summer, on which he would
lead. But can the DWP be trusted to tell us the
truth when they consistently denied there
were any problems with UC? It was only after
the damning National Audit Office report that they admitted there were problems.
If Howard Shiplee were forced to step down,
it would not be good for the project, as it has
been plagued with problems from the start,
and he has barely been in the position for
one year.
“It has been reported that millions of pounds have already been wasted, and with the numbers claiming UC, it is so far costing an astonishing £161,905 per person!”
Maureen Neave returns, and provides more evidence that all is not well with the implementation of Universal Credit
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Once is enoughIn the October 2013 issue of the IRRV’s
Benefit magazine, we told you about the award
winning Tell Us Once (TUO) service my
team are delivering, that enables customers to
report a birth or death just once to local and
central government.
Since then we have welcomed a number
of new local authorities on board, delivering
the bereavement service, including Kingston
upon Thames, Islington, North Somerset
and Wandsworth. This means that 369 local
authorities are now offering the service, and
over 88% of the population have access to it.
As well as working with new partners joining
the service, we have been working with our
existing partners to look at how we deliver an
even better, improved service. We have made
a significant enhancement to the bereavement
service in Scotland through the integration
of the Forward Electronic Registration (FER), used by Registrars in Scotland, and
the TUO Change Reporting System (CRS).
This improvement removes the need for
Registrars to re-key information used in death
registrations, and so makes the reporting
process quicker and more efficient. This
initiative was the result of enormous effort
by colleagues across the TUO partnership,
National Records for Scotland (NRS) and
IT suppliers, and was only made possible
through successful partnership working to
deliver and test the functionality together.
Following its introduction, we have received
a great deal of very positive feedback:
“I certainly found it very handy not having to
input duplicate information into your screens
following the registration process, and I’m
sure for the bereaved families it must help
not having to sit waiting for us to input the
same data.”
“We’ve been using it since day one, and
most of the staff have carried out death
registrations since the launch, so they’ve all
used it successfully. Needless to say they
are very pleased it has arrived, and as we
all expected, it’s speeding up the closing
stages of a registration, cutting out the time
consuming and morale eroding duplication of
data entry.”
“We think the system is great – it really is
a boost.”
Last summer, TUO achieved the significant
milestone of having helped over half a million
customers. The service continues to grow, and
around 850,000 customers have now used
the service, and we expect to celebrate our
millionth customer later this year. The online
channel is growing in popularity – 15% of
customers now opt to use this channel.
The TUO telephony team has also reached
a significant milestone. They recently handled
their 250,000th call, which is a fantastic
landmark. A customer who recently used the
telephony service said, “Excellent service –
thank you so much for your professionalism
and kindness”. Howard Broadway, a Team
Leader at the TUO Telephony Team since its
inception, said, “This milestone has provided
real job satisfaction for staff on the team, who
can see what a positive impact our advice has
on citizens at a time when they really need
our help.”
We are also looking at how we can raise
awareness of the service to ease the burden
on families, and have been talking to ‘End of Life Care’ (EOLC) providers to see how we
can reach these citizens. We have attended
some recent EOLC events, and Chris O’Brien,
one of our TUO Account Managers, said,
“We are really pleased to be engaging with a
wide range of stakeholders in this field to see
how we can link up key services, thus ensuring
citizens and families are able to make plans at
the right time”.
A session was recently designed for
agents at the Nottingham County Council
Customer Service Centre to increase their
awareness of TUO, and to pass on some best
practice suggestions as to how customers
might be made more aware of the service, and
therefore better prepared to take it up at the
registration appointment. The session was a
great success, and the information was shared
with the Registration Service at their area
team meetings, which also gave the teams the
opportunity to discuss how TUO is operating
in their authority.
Take up of TUO within Nottinghamshire
has increased by around 6% as a result of
this activity. Justine Nixon, Senior Advisor at
the Customer Service Centre, said, “Feedback
from the advisors has been positive and they
have got a much clearer understanding of
the TUO process”. Ian Gillott, TUO Account
Manager for Nottingham added, “This is very
helpful, and shows that we are continuing to
work closely with our partners to ensure our
service runs smoothly as possible when the
customer wants to use it.”
Our main priority for the year ahead is
to ensure the service runs effectively. This
includes our bereavement customer journey, starting from the point before a
death occurs, and following it through the
process to notifications being issued to the
relevant services, and action taken by them.
We are using this journey to identify where the
customer may drop out of the TUO journey,
and what we can do to prevent this happening,
as ultimately we all want the customer to have
the best experience at a difficult time.
If you would like to discuss the service
with me or any elements of my article, please
do not hesitate to email me at [email protected] .
Diane Leggo BSc MRICS IRRV (Hons)
(previously an IRRV Council Member and
Director Council Tax at the VOA) is Head of
Tell Us Once Delivery Partnerships
DWP focus
Diane Leggo invites readers to share in the success that is the DWP’s Tell Us Once project
?
STOP PRESS: 80% of older people in England and Wales hold a Concessionary Travel pass. The Tell Us Once service has been expanded to enable bereaved families to notify the appropriate services more quickly that these passes are no longer required.
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Cover story
adults (aged 16 and over) had never used the
internet at quarter one 2014.
The impact of the quality of the UC
service on the health and wellbeing of
individuals, households and families, on
the needs of people with mental illness,
physical disability, or people fleeing
domestic violence, the impact on children
and the potential to add to their financial
insecurity, makes the quality of that service
a critical issue for local authorities. But a
quality local UC service is also a critical part
of preventative strategies in a wide range of
social policy areas that impact on expenditure
by local public services, including health,
police and local government . The first key test of the success of the
transition from the existing benefits structure
to UC will be whether the claimant sees a
seamless experience.
The application process must be user centric and based on individual choice.
Individual claimants who wish to apply and
manage their UC claim online should be
able to do so. They will complete the online
application form and electronically submit
their claim. Staff at the national UC centre
will then assess the claim and identify
the documents required, and any further
questions raised by the application.
But all the evidence suggests that a
significant proportion of claimants will need
and would prefer an alternative application
process. UC applicants should be able to
choose to apply at their local ‘Universal Credit Centre’. They would use the skills,
expertise and experience of the 20,000 staff
currently employed by local authorities or their
contractors delivering housing and council tax
support. They are ideally suited to fulfil this
role. Individual claimants will be familiar with
local housing benefit offices. Staff will know
existing claimants and their claimant histories,
and the needs of disabled people and others
who may have difficulty with the process of
Will transactingonline be justwishful thinking?
Localism has been one of the central
themes of this coalition government, but the
debate about how it should play a part in the
way Universal Credit (UC) is delivered has
been missing.
In this article I want to argue that local
government now has a new opportunity not
only to influence the UC service, but also,
at the same time, to enhance the role that
local government plays in the lives of the
people it serves.
After accepting that the IT systems that
support the four Pathfinder sites cannot be
rolled out nationally, the government has been
forced to redesign the IT that supports UC.
Such is the failure, that the Major Projects Authority has ‘reset’ UC, and says a new
project has been started.
In the coming months, it will be piloting
the new IT infrastructure in 12 local authority
areas in the north-west of England. New out
of work applicants with families and with
children will be gradually included and the
system tested. At the same time there is rising
recognition that the ‘digital by default ’ service delivery model, and the assumption
that everyone would wish to and be able to
undertake their UC transactions online, is now
recognized as simply wishful thinking. The
latest ONS statistics show that 6.4 million
applying can be addressed.
The local ‘Universal Credit Centre’ would
be a local authority facility to ensure full
geographic coverage (DWP premises do not
even exist in every local authority). Ideally, to
make the transfer seamless, it would be the
same location that people currently use if they
wish to apply for housing benefit or council tax support.
The local centre would provide a range of
services. It would be a place where:
• people could apply for UC (either by
completing an application form, completing
an online application themselves, or
complete the form (on paper or at a
computer terminal) with support from a
trained UC adviser
• people could bring documents that are
required to start a claim to be scanned and
verified. Documents would be scanned into
the system and processed locally, or they
would be assisted to complete the form
(on paper or at a computer terminal) by a
member of staff
• people could report a change of
circumstances and bring the necessary
documentation for scanning into the system
and verification
• people could get advice about their claim
and their entitlements, problems with
payments, and opt for payment direct
• staff could liaise with and provide support to
landlords, and mediate between tenants and
private landlords where rent payment arrears
develop, and intervene to prevent eviction
• a home visiting service would be provided
to claimants that are unable to access the
centre or complete an application online.
The local human element of this process is
the critical factor to ensuring the quality of
service delivery.
But the second key test is how the
service can adapt to the changing needs
and circumstances of local people. 30 years
“The application process must be user centric and based on individual choice. Individual claimants who wish to apply and manage their UC claim online should be able to do so.”
Insight newcomer Pete Challis presents a powerful case for total local authority involvement in Universal Credit delivery
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ago, pioneering local authorities developed
welfare rights services. The task today is
different and more comprehensive. The
local UC centre would not just assist people
to apply and maintain their UC application,
resolve problems, and ensure that people are
getting the benefits that they are entitled to.
It would also provide a range of other critical
services, such as access to debt advice,
personal financial skills development, assisting
claimants establish appropriate banking
arrangements through local credit unions,
managing energy bills, a local authority
lettings agency service for the private rented
sector, access local labour schemes or
childcare, to support a return to employment
or increased hours.
The challenge for central government is to
make their localism mantra ‘real’, and not just
a political ‘sound bite’, and recognise that
the local UC centre is central to the delivery
of the national changes they seek. Central
government must enable local authorities
to innovate and create new wrap around
services. It will mean providing financial
resources, but the payback in avoiding
additional costs to central government
could be significant. The challenge for local
government today is to recognise the strategic
significance of UC, how the associated
services could make local government more
relevant to their citizens, and the opportunity
that the ‘reset ’ presents.
Local UC centres will assist councils
to meet local housing need (and reduce
homelessness costs). The evidence suggests
that private landlords are increasingly
reluctant to let to people in receipt of
housing benefit, as the introduction of UC
is accompanied by payment direct to the
tenant, and landlords are concerned about
growth in rent arrears. Local authority housing
benefit sections already have well established
arrangements with landlords locally, and
will intervene to resolve disputes, prevent
evictions and subsequent homelessness that
may also result in an additional cost to the
local authority. These potential additional
costs are substantial.
HMRC and RTIThe UC calculation is informed by Real Tine Information (RTI) data supplied by
employers to HMRC. It is possible that the UC
calculation will be inaccurate due to errors
made by the employer. HMRC is closing their
walk-in centres. The source of a query raised
by a claimant may rest with the RTI data. A
claimant will need to be able to access support
and advice, and resolving queries that relate
to RTI data may be another role that the local
UC centre could play.
Supporting choiceUNISON believes that important changes
are needed to give people choice and
make it easier for people to manage their
finances, prevent rent arrears and potential
homelessness, ensure women are equal
financial partners, encourage private landlords
to rent properties to people in receipt of UC,
and promote the interests of children. Three
choices are needed:
• choice of fortnightly or monthly payments
• choice of payment of the housing element
directly to landlords or automatic direct
payment to landlords
• choice of split payments between members
of ‘the household’.
Preventing fraud Successfully preventing fraud has been a
critical issue for UC. Local authority staff
already verify documents. The local UC
centre should be a place where documents
can be verified. Local people who may
be reluctant to put valuable documents
in the post will be able to take original
documentation and have it verified and
scanned onto the system.
A people-based local service element as
an integral part of the service delivery model
also provides the opportunity to re-establish a
national system of support for council tax, and
the opportunity to integrate local council tax
support into UC at some future date.
This article is written to stimulate debate.
It has not considered important issues such
as integrated working between DWP and
LAs to support people into work, the role
of the voluntary sector, financing (although
housing benefit administration subsidy could
morph into UC administration subsidy), the
IT infrastructure needed, or the protocols and
security requirements that are necessary to
secure local service integration.
“ The challenge for local government today is to recognize the strategic significance of UC, how the associated services could make local government more relevant to their citizens, and the opportunity that the ‘reset’ presents.”
Join the debate!As Pete says, his article is here to stimulate
debate. If you have something to say about
the delivery of Universal Credit, contact the
Editor on [email protected],
or join the debate on the Facebook and
Twitter – see page 3 for details.
Pete Challis is a National Officer in the
Local Government and Housing Section
of UNISON
IRRV Annual Scottish Conference & Exhibition
T: 01382 456029
W: www.irrvscotland.org.uk
Crieff Hydro Hotel, 3 – 4 September 2014
Scotland’s Public Services – Building on Innovation
The Institute is delighted to announce details of its 2014 Scottish Conference. The Conference is – by popular demand – returning to the Crieff Hydro Hotel, where conference attendees will have the opportunity to enjoy the excellent recreational facilities set in beautiful surroundings.
The theme of this year’s Conference – “Scotland’s Public Services – Building on Innovation” – comes at an important time for Scotland and will look in-depth at the key issues facing the public services, with particular emphasis on valuation, benefits and revenues issues. In addition to delivering key updates on the big issues and encouraging debate about these, conference will also examine the improved delivery of Scottish public services in a time of financial challenges and will examine how to provide quality services and continuous improvement into the future.
Overall Sponsor:
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The first 30 days of the new regulations have been very positive...On 6th April 2014, the Taking of Goods Regulations came into force. Considering
the very late notice from government on key
areas such as transitional arrangements, and
the implications of vital aspects including the
charging of VAT, councils and enforcement
agencies have risen to the challenge and
mobilised the new arrangements relatively
smoothly. Bearing in mind the significant
changes required to both council and agency
systems, processes and budgets, this has been
quite an achievement.
Although it is still early days, we are already
beginning to see the positive impact of the
new regulations. As a result of agencies being
correctly incentivised to collect more revenue
earlier, the combination of greater investment
in data and tracing, intensified efforts in early
collections initiatives such as more letters,
outbound calling and text messaging, and
the simplified fees structure, we can already
evidence increase collections at compliance
stage, moving towards projections of 40
to 50%.
With nearly all registered complaints under
the old regulations having arrived because
the debtor did not understand the complex
fee structure, we have noticed a significant reduction in complaints received, these
having already dropped by 25%.
Client councils are changing their
specifications to make use of the new
additional benefits afforded by the new
regulations, such as allowing agencies to
operate their compliance and enforcement
activities seven days a week.
However, although we have already seen
some positives from the new regulations,
the next 90 days will really show the true
value of the legislation and what creditors,
debtors and enforcement agencies can expect
of the future.
We expect to collect greater revenue for
clients overall, with increased efficiency
and reduced council and agency resource
requirements, due to 50% fewer complaints
and 60% less enforcement activity. Debtors
will incur far less fees and costs due to the
reduced enforcement, with multiple cases
receiving only one compliance fee, and
standard fees for sale and removal of goods.
There will also be the development of
much closer working relationships between
councils and their enforcement agency
providers, based on partnership working and
greater transparency.
The need for agencies to use their technology,
tracing, and data analytics capabilities is vital.
This supports our clients further, focusing
efforts and sharing data and insight for the
benefit of all. There is a greater requirement to
support clients with validating and sharing data
both ways, to enrich the collective outcomes
of our efforts.
We expect to operate in a far more open
and transparent way with clients. Our
technology, systems and processes need
to be fully open and accessible to clients to
enable clear performance management, and
to evidence our actions, for instance providing
evidence of proof of postage of all letters
online to clients.
We have noticed enhanced reporting requirements from client councils, requiring
new performance metrics and management
information, for instance to provide greater
detail on the time taken to collect debts
at different stages, collections curves, and
other data traditionally more akin to private
sector consumer debt collection activities.
I welcome greater transparency and depth
of management information, as a means to
demonstrate and drive real performance of
agencies and the true impact of our new
industry regulations.
In the longer term, we envisage a greater
requirement from client councils to work in
partnership with the council, perhaps other
partner councils through shared services,
commissioned outsource partners, and other
enforcement agencies, together to generate
innovation and operational efficiencies in how
our overall services are delivered together.
So in summary, despite the challenges of
implementation, together we have made a
great start since 6th April, and can already
see the benefits of the regulations to client
councils and their communities. But we also
can see that it is only the beginning. In the
coming months we have a great opportunity to
work together more effectively to drive greater
performance earlier in the process, reduce
complaints, and reduce costs to debtors
though transparency and partnership working.
Jamie Waller is CEO of JBW Group
Collection & enforcement
...says Jamie Waller,but the next 90 will bethe real test
“With nearly all registered complaints under the old regulations having arrived because the debtor did not understand the complex fee structure, we have noticed a significant reduction in complaints received, these having already dropped by 25%.”
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Pre-pack controversyWhy are pre-packs controversial? The main
criticisms of pre-packs are:
1. A lack of transparency. Unsecured
creditors often do not realise that a pre-
pack is going to happen, and so have no
opportunity to protect their interests by
considering and voting on the pre-pack
proposal (secured creditors must be
involved, because they need to consent to
the release of their security).
2. A lack of accountability. The Insolvency
Act 1986 does not expressly provide for
pre-packs. This means that administrators
involved in pre-packs do not have to
obtain prior approval for their actions from
creditors or the court in the same way as
they would in a normal administration.
3. Pre-packs do not maximise returns for unsecured creditors. The value of a
business or its assets could be destroyed
if its financial dif f iculties are leaked. As a
result, it is impossible for an administrator
to test the market fully. This means that
businesses or assets which are sold by
way of a pre-pack are usually sold with
limited marketing, compared with a
normal administration.
4. Pre-packs are similar to the outlawed practice of creating ‘phoenix’ companies. This practice involved a
company being put into liquidation by its
management, before the same business
re-emerged trading as a new ‘phoenix’
company, but without the debts of the
old company. Creditors tend to be most
suspicious about pre-packs when the
business is sold back to the original owners.
This is seen as allowing management to
‘asset strip’ a company or ‘ditch’ its
debts. Under the pre-pack guidelines,
administrators have to disclose to creditors
the name of the buyer, and whether there is
any connection between the buyer and the
company (see below and SIP 16 guidance).
Here’s one I made earlier!
A short anecdote to start with – I was recently
involved in a highly contested application in
the High Court to ‘force’ the administrator to
call an ‘initial meeting of creditors’, and
rather outrageously they opposed it!
Nine months later, and the High Court
agreed that our application should succeed,
and whilst I cannot comment on the very
recent ‘initial meeting of creditors’ for
confidentiality reasons, needless to say the
majority of all independent creditors were
HMRC and a vast number of local authorities
(re unpaid business rates).
Quite why the administrator should so
vociferously oppose that application is still
baffling, as they were entirely grateful for our
plethora of questions at the meeting! It is fair
to say that this particular matter will rumble on
into the next proposed application, this time
to remove the current administrator (soon
to be liquidator) from office, and appoint a
completely independent liquidator, moving
forward to investigate numerous issues.
What is a ‘pre-pack’?That aside, I shall explain below the
typical issues surrounding ‘pre-packs’.
A ‘pre-pack ’ is the name given to a
pre-arranged sale by a company in
administration of its business or assets (or
both) that completes either immediately
upon the appointment of the administrator, or
shortly after the administrators are appointed.
This reverses the standard process, where the
administrators commence the marketing of the
business after their appointment.
5. The proposed administrator has an inherent conflict of interest. The
proposed administrator is often introduced
to the company by its directors in the
context of a proposal that the business
or assets of the company be sold back to
them. If he wants to be appointed as the
company’s administrator, he will have
an inherent preference for the proposed
pre-pack.
6. Writing-off liabilities using a pre-pack is a short-term fix. A pre-pack doesn’t
subject the company to a restructuring,
which is often necessary if the business is to
survive in the long term.
Statement of Insolvency Practice 16 (SIP 16)SIP 16 sets out required practice for insolvency
practitioners who are engaged on a ‘pre-packaged sale’, including administrators.
There is clear controversy over the use
of pre-packs, due in part to the perception
that they allow directors to sell a company’s
valuable assets to an interested party,
without proper marketing, and with little or no
warning to the company’s unsecured creditors.
Accordingly, the guidelines in SIP 16 are
intended to assist the transparency of the
process of executing a pre-pack sale in an
administration, from the perspective of the
company’s unsecured creditors. It is important
to note that, despite the controversy,
pre-packs remain a legitimate tool for a
corporate restructuring.
Collection & enforcement
Do not accept everything you see on face value, warns Matthew Whyatt, as he tackles ‘pre-pack administrations’
“This reverses the standard process, where the administrators commence the marketing of the business after their appointment.”
“It is important to note that, despite the controversy,
pre-packs remain a legitimate tool for a corporate restructuring.”
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In my last ‘Revenues Roundup’, published
in the May edition of Insight, I gave some
solace to practitioners that the ‘Certain Exhibition’ case had not affected Debt Relief Orders (DROs) , as ‘contingent liabilities’ were not considered by the
Insolvency Service to be provable debts for
the purposes of DROs.
Unfortunately, I now also have to
take this small comfort away! The
Insolvency Service has very recently
adjusted its guidance once again, to state
that they do now consider contingent
liabilities to be provable in DROs. The
only up side to this is that in considering
an application, any intermediary would
have to bear in mind that having relieved
themselves of the requirement to pay
council tax for the remainder of the year,
they would have increased their available
monthly income and their eligibility to a
DRO in the first place.
Alistair Townsend FIRRV MCMI is
Revenues and Benefits Service Delivery
Manager with Milton Keynes Service
Partnership and a member of the IRRV’s
national Council
Matthew Whyatt is a Senior Associate
in the Corporate Recovery and Insolvency
Team at JMW solicitors LLP. Contact him
on [email protected] or
0161 828 1831
Key provisions requiring practitioners acting
on a pre-packaged sale in an administration
are to:
• keep a detailed record of the reasons why a
pre-packaged sale has been chosen as the
best course of action for creditors
• make it clear to the directors of the company
that they have been appointed to advise
the company, and not the directors on their
personal positions, where that is the case
• encourage the directors of the company to
take independent advice, in particular if any
of the directors proposes to acquire assets in
the sale
• demonstrate that they have either performed
their functions in the interests of the
company’s creditors as a whole (paragraph 3(2), Schedule B1, Insolvency Act 1986), or avoided unnecessarily harming
the interests of creditors as a whole when
realising property to distribute to secured or
preferential creditors (paragraphs 3(1)(c) and 3(4), Schedule B1, Insolvency Act 1986)
• make a detailed narrative explanation and
justification of the pre-pack, with disclosure
of specific information to creditors, including:
– the identity of the buyer of the business
or assets
– details of any valuations of the business
or underlying assets obtained
– alternative courses of action considered
by the administrator and reasons for not
pursuing them
– the consideration of the sale and the terms
of payment, broken down under valuation
categories; and
– any connection between the buyer and the
directors, former directors, shareholders or
secured creditors of the company.
ConclusionIf you are uncertain about any of the
information provided above, or need some
case-specific input/advice regarding a pre-
pack, then it would be a prudent creditor that
acts fast.
This is mainly due to being given eight clear
business days to file the form 2.21B to call
an initial meeting of creditors, otherwise the
proverbial boat will have been missed. That
said, our recent application to extend this
timeframe (on very reasonable grounds) was
granted by the High Court, and so acting fast
is key.
This is not always the end of the line –
however I would stress that involving a lawyer
earlier in the process will always result in a
clear and focussed strategy.
Collection & enforcement
A message from Alistair Townsend...
Alan Murdie is a Barrister24
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by legislators... or those briefing Lord Bach.
Ultimately, what put paid to both forced entry to domestic dwellings and force against a person was not legal argument but
publicity arising from a Sunday Times article in
December 2008. Readers – including some of
those who had put the 1997 Blair government
in power – protested at the idea of some New
Labour ‘debt collecting gestapo’. The plans
were hastily dropped by the government,
and the issue left alone until the arrival of the
coalition in 2010.
The last four years has seen more ministers
and officials coming and going, but often with
the same faces appearing at specialist interest
and lobbying meetings. Finally, the coalition
has crystallised fifteen years of discussion and
debate into regulations. That this has happened
under minister Chris Grayling,
who knows less about the law than any of
his predecessors – is this perhaps symbolic, and
a warning?
The new regulations are derived from
Schedule 12 of the Tribunals Courts and Enforcement Act 2007, and have sensibly
maintained the status quo on peaceful entry to
domestic homes. Exempt goods are clarified –
Goodbye to all that?
The case of campaigners against the draconian
powers of the Act was strengthened by an
incident in January 2008, when a 78 year old
man in Accrington died after a visit from bailiffs
collecting a traffic fine. Even though
no blame was attached, it did not look good for
the planned regulations, which had also been
met by vocal complaints from middle class
motorists hit by wheel-clamping.
The government was thus forced to grant a
hearing to campaigners, but even after ten
years of the reform process, it was clear little
had been learned.
To give one instance, I recall discussing the
proposed powers under the Act at a meeting
in 2008, with Lord Bach for the government,
and seven of his civil servants and legal
advisers. I was not taken with Lord Bach’s
grasp of realities of distress or his team’s
understanding of the law. On the question of
using force against debtors, Lord Bach asked
of a bailiff repossessing a car, “why should
he not have the power to gently lift off some
person who drapes himself over the bonnet?”
I then asked what would happen if the
debtor got back on the car bonnet again?
Lord Bach declared the bailiff would again
remove him! “And so how many times does this
cat-and-mouse game continue?” I asked. Lord
Bach, prompted by one of his advisers, pointed
out that the bailiff could call the police –
obstruction of a bailiff was an offence under
the 2007 Act. I then pointed out that whilst
obstructing a bailiff was indeed an offence
under the Act, “the government had not made
it an arrestable offence.” Accordingly, with the
debtor’s name and particulars being known,
with the incident likely to be occurring on
private land, and resistance involving no breach
of the peace or a threat to a child, a constable
might well have to restrain his/her powers to
arrest such a debtor. In fact, a police constable
might be well within the exercise of his/her
discretion to do nothing whatsoever in such a
civil dispute. This anomaly had not been spotted
not that anyone seriously believes seizure and
sale of non-exempt goods will ever pay. Times
of levies and notice provisions in the process are
set out. Further details on training, complaints
and the administration of enforcement are due
in October.
Whether this system will work and how
it will square with existing procedures for
levying distress for council tax contained
in the Council Tax (Administration and Enforcement) Regulations 1992 SI 613
remains to be seen. A potential problem
is foreseeable, depending upon just what
exactly a billing authority has hired and
instructed its enforcement agents to do. If
everything that an enforcement agent can
now do is tightly controlled, just how much
of a fiduciary role can a local authority
actually delegate? Looking closely at the
Council Tax (Administration and Enforcement)
Regulations 1992 SI 613, all that a bailiff or
enforcement agent is empowered to do is
levy distress against a debtor’s goods. They
are not empowered to act as negotiators or
debt assessors, and certainly not empowered
to make financial decisions on repayment
agreements which affect the rate of recovery
to the instructing authority. Any authority
may be acting unlawfully if it turns away a
debtor seeking to pay, or tendering payment
of the debt directly, and if telling the debtor
that payment is only possible through an
enforcement company.
These and other issues look set to arise
as the new system comes into operation. It
will be also interesting to see how the new
enforcement agents present themselves in
practice. I note that from their exhibition stands
at recent IRRV events that some enforcement
firms believe in handing out cuddly toys!
The first part of Alan’s article appeared in the
June edition of Insight.
“If everything that an enforcement agent can now do is tightly controlled, just how much of a fiduciary role can a local authority actually delegate?”
The long march of bailiff law reform may at last be coming to a close, exclaims Alan Murdie, in the last of his two part examination of this critical process
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Reflecting on a valued careerI started work in 1950 under the pupilage of
Isaac Dixon, a well respected rating surveyor
and active Honorary Member of the Rating
and Valuation Association, and his partner
Myles Richardson (President 1961/62). Both
had been in local government with West
Derby Assessment Committee, responsible for
preparation and maintenance of the valuation
list in Liverpool and its environs.
The Local Government Act 1948
transferred responsibility for rating valuation to
the Inland Revenue (IR) Valuation Office
– a new department, unlike the then separate
and long established District Valuer’s Office,
mainly responsible for capital valuations.
In its embryonic stage the IR let out
contracts to rating surveyors to value
commercial and industrial (still 75% derated)
properties to ease the initial burden on the
VO. Isaac Dixon, Chartered Surveyors began
with such a contract in 1950, in preparation
for the 1956 revaluation. Sadly, subsequent
quinquennial revaluations have been deferred
or cancelled. Successive governments have
not understood that the longer revaluations
are postponed, the greater are the problems
of the switch in incidence not only between
different classes of property, but also within
various classes.
As an articled pupil, I was fortunate to gain
experience from my above mentors, but I
needed a professional qualification. I went to
night school at Liverpool College of Building
(many years before Peter Brown shared his
knowledge with students at what became
Liverpool John Moores University) and
Liverpool College of Commerce on day release.
Ultimately I qualified in 1958, then was
encouraged in 1959 to join the vibrant and
convivial Rating and Valuation Association,
managed by Secretary Frank Othick, a
gentleman of talent, influence, great vision,
and persuasive powers – these latter talents
held by all his successors who have put their
own stamp on our profession. They include
the studious Brian Hill, acting Secretary Julian
Price, irascible Colin Farringon, short term
Karen Aldred, and now directed by our very
own David Magor, aided by Gary Watson and
efficient helpful staff.
Through the RVA/IRRV, I have made many
friends, initially members in the Lancashire and Cheshire branch, some sadly now not
with us. The ebullient Bob Wilson, quiet Ted
Morris, lordly John Eyles, demanding Frank
Myatt, Mancunion Tom Linfoot, sporting Alf
Alker, entertaining Allan Shaw, quietly efficient
Bernard Shovelton, studious Ron Garner,
stern Bill Ormond, and the veracious Sam
West among them! Joyously still around are
miscellaneous income expert Doug Roberts
(now in his 90s), the slightly younger lecturer
Gil Young, even younger Ian Ferguson,
Treasurer Mike Commins, ladies duo Linda
Price (formerly Melia) and Ann Penn (formerly
Sizer), ‘journalist ’ John Roberts, wanderer
Barry Smith, and fellow cricketer John Pursall.
In 1972, I was lucky to be elected to
national Council, with meetings at the
imposing HQ, 29 Belgrave Square, London,
with later moves to Ebury Street, cramped
Doughty Street, and now the modern High
Holborn. I was told “only four council meetings
a year, one of which is at Conference, and a
few other meetings”. I soon realised the extent
of meetings – Education and Membership,
Law and Parliamentary, Conference
committee, the all embracing Council, the
Finance and General Purposes Committee,
sub-committees and various consultative
groups – which all enabled me to contribute
and to learn from others.
For many years the examination structure
was ably managed by the calm Olive Sarson,
succeeded by the effervescent Julie Fox.
They were supported by a small moderating
sub-committee of Council members, variously
including Terry Massey, father of ‘Yeti’, the
Epsom and latterly south-west gentleman
John Sharp, the sadly recently deceased
Alan Titheridge, and the core of racing
workaholic and honourable Colin Thrower,
sage Gil Young... and me! Their duties
included liaising with examiners, ensuring
examination questions were relevant, fair,
understandable and not duplicated, then to
moderate on candidates’ overall performance.
The Institute has been fortunate in having
enthusiastic and reliable examiners, including
Council members, some occasionally needing
chivvying – they know who they are! Later, the
Examinations and Assessment Board was
set up, as it was thought more appropriate to
have examinations overseen by practitioners
and academics largely independent of
Council, serviced by the ever persuasive
Michael Hopkins. The Board was chaired by
eminent lawyer and retired Ombudsman Sir
David Yardley. On his retirement, the chair
was fittingly filled by Gil Young. Later, an
additional examining group emerged, but as
only one was needed, the Qualifications Management Board was hatched.
Numerous famous pre-exam and
refresher courses, managed by branch
members, have been of great value to those
wishing to progress. I have been tolerated at
some of them, trying to make rating valuation
sound difficult.
After much heart searching, the Rating and
Valuation Association became our Institute,
“Successive governments have not understood that the longer revaluations are postponed, the greater are the problems of the switch in incidence not only between different classes of property, but also within various classes.”
Reflections
Institute stalwart of fifty-five years Peter Fairhurst makes a fitting contribution to Insight’s occasional series
26
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Reflections
a Council meeting in ‘local’ Le Touquet.
Before retiring at the end of busy meetings
the musical talents of John Roberts were
revealed! Our first European Conference
was successfully held in Paris in 1991 –
surprisingly this was Pat Doherty’s first flight,
and unwittingly the pilot gave him an extra
touchdown and take off before landing. Since
then, our seasoned travellers’ feet have hardly
touched the ground; as has been the case
with our Director, initially accompanied by
valuation apothecary John Charman, breaking
new ground in the 1990s, succeeded by other
members’ expertise, extending the Institute’s
influence. There have been subsequent
European conferences and international
prestige through instrumentalist and
powerhouse Roger Messenger’s work
with TEGoVA .
I was honoured to be elected President
(1980/1981), when my geographical
knowledge was stretched by enjoyable visits,
with my long suffering family of Viv, Paul and
Janet, to 19 branches. Arrangements were
left for the President to sort out liaising with
the efficient stalwart branch secretaries. As
initiated by revolutionary academic Stuart
Page and others, now showing that members
have wider interests than ‘pure’ rating. The
stigma of rating was felt by none other than
Margaret Thatcher who, in 1974 as Shadow Environment Spokesperson, voiced
politicians’ hatred of it. As Prime Minister, she
was able to put a spoke in the wheel, and in
spite of our reasoned professional advice, she
introduced the even more hated community charge. This misjudgement led to hurried
replacement by council tax.
Moira Hepworth, our Policy and Research
Manager, ably assisted by Agnes Akullo, has
gallantly and loyally ensured the Institute is
prominent on the professional scene, as is
the case with our leader David Magor. Our
submissions and meetings on proposed
legislation have tried to guide politicians,
sometimes with success. Much worthwhile
time was spent on the Layfield Inquiry (1974-1976) where I like to think we had
some influence in defence of the rating
system. I am not so sure about the Wood Committee’s review of rateable plant and machinery, after asking our understanding
of rateability of these items abroad, in view of
our international connections. Colin Farrington
was not amused when I obtained a technical
reply needing translation from German!
In the 1970s, we expanded our
influence abroad through our link with the
International Association of Assessing Officers (IAAO). At their 1980 symposium
on property tax, I was entrusted to present
a paper entitled ‘Valuation development
and cancellation of the 1982 revoluation! ’
Other sorties into Europe and beyond were
stimulated by Colin Farrington, starting with
ever we had a strong, hard-working Council
to which I was pleased to welcome young
enthusiast David Magor.
I aimed to build bridges to create, improve,
expand and strengthen our links with allied
professions. I attended meetings, as have my
successors, to encourage greater recognition,
understanding of and co-operation with the
Institute. My target included the Civil Service Commission, where I was encouraged by
progressive Chief Valuers. After considerable
endeavour, the VOA have been using our
examination structure, recently broadened by
our partnership with the Royal Agricultural University, a long established, well respected
and valued seat of learning.
In addition to members mentioned above,
it has been my great pleasure to have the
company of other characters – dignified and
thoughtful John Chapman, rural adviser and
raconteur Rex Hudson, methodical Leslie
Hardy, Brian, that other Hardy of Lands
Tribunal and Honorary fame, author Ed Slater,
tutor and Honorary Bill Lovell, larger than
life Richard Guy, dogmatic Tom Dixon, man
of letters Richard Harbord, lost Bruce Jones,
“The Institute has been fortunate in having enthusiastic and reliable examiners, including Council members, some occasionally needing chivvying – they know who they are!”
Peter at Belfast City Hall, May 1981 Met and Home Counties weekend school,
March 1981
The Council, Torquay Conference, October 1981
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man of taste Gordon Heath, Shakespearean
Geoff Fisher, the midland gang of Barry
Wheeler, Jim Barnfield, Alan Causer and
John Owen, then there was Roger Young,
challenging Peter Scrafton, Welsh wizards Cyril
McCarthy, Tom Jones, John Butler and recently
Kerry Macdermott, Scottish Eric Geddes,
Ron Skinner, Tom Irvine and Allan Traynor,
courteous David Shepherd from Northern
Ireland, Malcolm Mercer, book lover Jim Erwin,
and now Alan Bronte... and not forgetting the
appeal of the Valuation Tribunal Service
represented by Roger Ravenscroft.
I am conscious of having not mentioned
more of our ladies. There were none on
Council when I was elected, but Reba Smith
broke the mould. Since when we have
slightly more balanced representation led
by the erudite and resolute ladies Barbara
Culverhouse, Carol Cutler, Suzanne Dean and
Julie Holden – even now we only have five
ladies on Council, though.
My 55 years in the Institute has been
rewarded by the company of many interesting
characters, some I have not mentioned for
no reason other than a failing memory, which
please forgive. I have a lot to thank the RVA/
IRRV for, and I wish it and members well for
the future.
Neil MortonPeter Fairhurst FRICS IRRV (Hons)
“As ever we had a strong, hard-working Council to which I was pleased to welcome young enthusiast David Magor.”
recently he had to decline a lunch invitation
because he was giving a talk at a local
residential home.
Peter and I swapped roles in 1979, with
Peter moving to Dixon Henderson’s Liverpool
office as a prelude to Myles Richardson’s
retirement, as he took on the role of IRRV President. His hard work and enthusiasm
and involvement in multiple organisations,
and his resulting high profile and reputation,
meant that his firm (which was essentially
a small Merseyside-based practice) was
able to compete for large national contracts,
establishing a niche role, particularly in the
nuclear industry.
In the mid-80s Peter and I, being ‘the young partners’, were left as the only
two prior to Dixon Henderson’s merger
with Harper Webb in 1986. Peter had the
foresight to realise that a small regional firm
with only two partners was probably not a
sustainable model, and it was his initiative
that brought the two firms together to form
Dixon Webb. During that time, with only two
of us to take decisions, partners’ meetings
very often consisted of a quick meet up on
the way home in the Liverpool Airport car
park – how I later envied those days when,
with several partners, meetings would go on
for many hours!
I think Peter’s greatest achievements have
been to inspire others that have worked with
him and for him, developing a reputation and
standing within and without the firm that has
led to him being held in such high regard. I am
proud to have been both a colleague and to
this day a friend of Peter.
I have known Peter since the early part
of 1970, when I joined the firm Dixon Henderson & Co as a young trainee. Peter
by then was one of the established partners
running what was in those days a mixed
general practice firm in Widnes. At that time
I was based at Dixon Henderson’s Liverpool
office, under Myles Richardson (a former
president of the RVA) and Frank Wearing.
I remember being sent out one day to
Widnes to meet Peter, and was very much
in awe of him – he had a formidable
reputation, working in those days what then
seemed unusual but is now commonplace –
very long hours.
Peter’s dedication and hard work are
well known. One story that filtered back to
me which (if true!) typifies this, describing
Peter taking the Estates Gazette home at
night and reading it in bed. Again if true,
Viv must have been very tolerant – I know
what would’ve happened to me if I’d tried
to do that!
In addition to the work with Dixon
Henderson (later Dixon Webb) Peter found
time for many voluntary activities. The first
one that I was aware of was when he became
Chairman of the local branch of the RVA
in 1974, and at that stage, when chairmen
without exception seemed elderly, Peter
seemed very young. In 1981 he became
national President, and some years
later again he was branch Chairman of the
Merseyside and Isle of Man branch of the
RICS. He was also committee member
at Liverpool Philharmonic, Liverpool Bluecoat, Villages Housing Association,
and an Abbeyfield home. This involvement
with voluntary work continues up to this day –
Peter Fairhurst – aswitnessed throughthe eyes of Neil Morton
Preparing for Presidential handover,
November 1980
Andrew Hobley is Assessment Team Leader
with the Local Government Ombudsman 28
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LGO update
A council can outsource a service, but not
outsource the accountability for that service.
We expect that councils will have provided
some guidance to agents such as:
• what actions are required at the
compliance stage
• when the agent should move to the
enforcement stage, and
• when to remove goods, and any restrictions
on making arrangements to pay.
Enforcement agents should have their own
complaints process, and it is reasonable
to expect them to deal with complaints first,
including responding to any points about the
behaviour of the agent. If the complainant is
still dissatisfied, the enforcement agent should
then direct complainants to the council’s own
complaints process, perhaps at the second
stage. This will allow a unified response with
any other issues about the debt.
The council should then consider the
agent’s actions, make its own enquires,
consider the evidence and come to its own
view. The council may feel that court is the
appropriate place to resolve any queries, but
should still refer the complainant to the LGO.
Councils should learn from the complaints
they receive, and also report any concerns
about how the legislation is working to the
Ministry of Justice. We will also be monitoring
complaints about agents, and reporting back
to the Ministry in due course.
Back in the August 2013 edition of Insight,
I looked at the lessons learnt from dealing
with complaints about housing and council tax
benefit claims, and how they may be relevant
to council tax support claims.
Now 2013/14 is behind us, I am surprised
with how few complaints about council tax
support we received – a total of 46 enquiries
to our ‘intake team’. Of these, 80% were not
considered further, as they had either not gone
through the council’s complaint process, or
had alternative appeal rights that complainants
Benefits and bailiffs...One of 2014’s big local taxation changes is
the implementation of the reform of the law
governing bailiffs, or as we should now call
them, enforcement agents. There are now
very clear rights to challenge virtually all agents’
actions in court. So, where does that leave the
Local Government Ombudsman (LGO)? Our position has always been that the
courts determine the law, but we determine
good administration. An example of this might
be where a council takes court action when
there is an undetermined benefit claim. The
law (R v Bristol City Magistrates’ Court etc 1991) says this is legal, but the LGO has said
that councils should not seek a liability order
while a claim for benefit is outstanding, and
the reason for the delay in dealing with the
claim is not the claimant’s fault (Ombudsman Reports 98/A/04300 and 99/A/02636). So the action may be legal, but it may not be
good administration.
The LGO normally expects someone to
appeal to a court if they have that right.
However, we have discretion to investigate
if we consider it would be unreasonable for
a person to have to use their appeal rights.
This means that just because there is a court
remedy, we may not necessarily expect a
complainant to have to use it.
One reason not to exercise our discretion
might be a dispute over the interpretation of
the law where clarification by the court would
be necessary. Conversely, a reason to exercise
discretion might be a clear breach of the law,
or where the personal circumstances of the
complainant make court action inappropriate.
The important point is that we will consider
each complaint on its merits.
So, how do we expect a council to deal
with complaints about its agents? As the
Ombudsman said in one case, “Councils are
responsible for the actions of their agents.
The council needs to exercise more customer
care than simply saying the bailiffs can legally
do what they did.” (complaint 13002131).
could use. Of the remainder, we found fault
in one case, but as the impact of the alleged
flawed advice would not be clear until after an
appeal the complainant had made, we did not
investigate further.
I suspect that the low number of complaints
we have received is a combination of how
we categorise them on our database (some
complaints will have also involved council tax
benefit and been categorised as that), and a
reflection of the efforts councils have made
to continue to pay council tax support at
100%, or putting in discretionary payment regimes that have covered the harder cases.
But I am sure this is a subject to which I shall
return next year!
“Councils should learn from the complaints they receive, and also report any concerns about how the legislation is working to the Ministry of Justice.”
...these two hardyannuals are still onthe Ombudsman’s ‘hit list’, explains Andrew Hobley
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The roots of better managementMoments after winning the 2014 Eurovision
Song Contest, Austria’s bearded lady, Conchita
Wurst, dedicated the victory to “everyone who
believes in a future of peace and freedom”.
Laudable words, and I’m always gratified
to hear someone in the public eye use the
opportunity to promote a positive karma –
for there’s much work still to be done if ever
such a future is to be realised! Current events
in Syria and the Ukraine are testimony to
that, but the outrageous kidnapping of 200
schoolgirls in Nigeria beggars belief. And that’s
not to mention the disappearance of a jumbo
jet with hundreds of passengers on board!
Closer to home, my faith in humanity
continues to be shaken. I have spoken
before about revelations of disgraceful
senior police actions in the wake of the
Hillsborough tragedy, and the vile activities
that, it would appear, have gone unchecked
in both the Catholic Church and educational
establishments for some time. Now, we have a
procession of public figures being investigated,
charged and, in some cases, jailed for shocking
abuse (physical and sexual) of young people.
Almost all can be attributed to poor
leadership, leading to questionable decision
making and an appalling abuse of power. It ’s
the abuse of power that worries me, as I think
we can probably all recall events from our
own careers where – on a less sinister scale –
there has been inappropriate behaviour in
the workplace.
The reason it worries me so much is
twofold. Firstly, because of the immediate
personal impact it has on victims. It should
go without saying that the consequences of
abuse – whether physical, verbal, or emotional
– can leave the victim emotionally scarred,
and in the worst cases, their mental
health affected.
Which brings me to the second reason for
my concern. The ramifications are not always
immediately apparent. Listening to a sexual
abuse victim talk about their experiences on
a radio programme recently, it made me think
about the longer term effects. The individual
concerned was so disturbed that it hampered
their ability to engage properly with friends,
family and colleagues.
Now that example was a more extreme
case, but my point is that any such abuse
can leave profound ‘scar tissue’, and the
weakness created is only exposed many years
later. Consequently, I’m wondering how many
poor decisions have been made over the
years by people who suffered at the hands
of abusers? The frailty may manifest itself
much later, when they are in a position of
responsibility in, say, business, government,
education or health, and can lead to
catastrophic consequences for others. We may
never know the root cause, and the result is
that, potentially, many people get affected by
the actions of a few.
Evidence suggests that many victims, of
sexual abuse for example, go on to become
perpetrators themselves. Apart from the fact
that any abuse can ultimately affect your
mental state, for the impressionable it can
also lead to the thought that such behaviour
is acceptable as the norm. In the workplace,
abuse can also lead to victims forming the
view that, upon assuming a position of
responsibility, they then have the opportunity
to now exert their power over others, and
the risk is that similarly abusive behaviour
is perpetuated.
Sixteenth century French apothecary,
Nostradamus, believed that all our actions and
decisions are predetermined, and whichever
route we choose, we’re predisposed to the
inevitable consequences. This has been
illustrated in the form of a tree, by suggesting
that decisions are the junctions of branches,
and, depending upon which direction we
choose, the branch already exists to take us to
the outcome.
All branches, of course, ultimately end –
it is how we reach that ‘end’ that’s important.
We do have a choice! We can choose to take
advantage of power bestowed upon us and
potentially cause untold damage to victims,
both current and future. Or we can choose
to take a positive route, and use that power
to change the course of history. And I’m not
understating the significance of that.
Whilst, as I described earlier, it ’s possible to
detrimentally affect the course of outcomes
for some time afterwards, it ’s equally possible
to positively influence by setting the right
tone, making the right decisions and seeking
to end negative behaviour. The great strides
forward in the fight against bullying are a good
example of this effect.
Power should be used as a source of
influence, not a means to control people. Who
knows who we might influence in the course
of our careers, and in turn, who they then go
on to inspire? Our impact is measured less by
what we achieve in life, more by those whose
lives we touch.
Whilst Conchita Wurst’s vision of peace
and freedom may be many years away from
realisation, we all have a responsibility for
making positive decisions in the workplace.
“ The frailty may manifest itself much later, when they are in a position of responsibility in, say, business, government, education or health, and can lead to catastrophic consequences for others.”
Sean Langley FIRRV is a benefits and
revenues consultant, and author of The Phat
Controller (A Leadership Handbook).
Go to www.seanlangley.co.uk
Management
Sean Langley’s column gets serious with issues surrounding abuse and its potential origins in poor leadership
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Technology
for the hard copy document. The document included six priorities,
one of which was to implement the development of a corporate IT strategy for e-government, including robust targets for the availability of, use of, and satisfaction with electronic services.
The strategy highlighted that new technology would offer opportunities and choice. The then government announced that “It can give us access to services 24 hours a day, seven days a week. It will make our lives easier. Government intends to be at the head of these developments”.
So in 2000 the government issued a follow up paper entitled, ‘e-government – A Strategic Framework for Public Services in the Information Age’.
The paper made some bold statements, one of which was that ‘The government intends that all services which can be electronically delivered should be’. The strategy proposed that they should be accessible over the internet and through mobile phones, digital TV and call centres, as well as through personal computers. The mix of access channel for any service will be determined in relation to demand.
The government’s initial intention, as detailed in the ‘Modernising Government White Paper’, was that by 2008 all services should be available electronically (with exclusions for policy or operational reasons). The Prime Minister announced in March 2000 that this date should be advanced to 2005.
The framework gave rise to Implementing Electronic Government (IEG) statements. From December 2001 to April 2006 local authorities were required to publish an IEG statement on their degree of e-enablement (electronic enablement). The measures included
Government... 24/7
It’s mid-April, and the daily ‘digital by default’ website email arrives in my inbox. The heading reads, ‘Digital Inclusion Strategy aims to reduce those who are offline by 25%’. The article announces that the government has just launched its Digital Inclusion Strategy, which sets out how it will reduce the number of people who are offline by a quarter by 2016. As part of this strategy, it has also launched a new Digital Inclusion Charter.
The charter brings together 40 organisations from all sectors who are committed to a 25% reduction in offline citizens, and a further 25% reduction every two years after that.
Whilst I am pleased to see a proactive approach to getting people online, I am perhaps becoming a little cynical as to the effectiveness of such strategies.
In the history of the internet, which in 2014 is only 25 years old, there have been many government initiatives to increase take up and take advantage of the benefits that the internet age brings.
Let’s go back to 1999 – 15 years ago, the then Labour government issued a strategy called ‘Modernising Government’. I can remember it well, and eagerly signed up
BVPI 157 and the Priority Outcomes. BVPI 157 measured the percentage of ‘interactions’ provided by a local authority that were e-enabled. The figure was published annually as part of the Best Value performance management framework. The figure was calculated on the following types of interaction as they applied to the services provided by the local authority:• providing information• collecting revenue• providing benefits and grants• consultation• regulation (such as issuing licences)• applications for services• booking venues, resources and courses• paying for goods and services• providing access to community,
professional or business networks• procurement.
Around 2003/04 it became apparent that the 2005 target may not be hit, so the Department for Transport, Local Government and the Regions (and its successor the Office of the Deputy Prime Minister) issued a list of key targets, most commonly referred to as the Priority Outcomes or PSOs (Priority Service Outcomes). These outcomes watered down the requirements to achieve the 100% target, by segmenting the obligation into:• required = to be implemented (available
for use) by December 2005• good = to be approved for funding and
being actively underway by December 2005 and implemented by 1st April 2006
• excellent = voluntary for authorities that have implemented required and good outcomes early.
Interestingly, revenues and benefits
“The initiative highlighted that public services have to use technology to give citizens a choice, with personalised services designed around their needs, and not the needs of the provider.”
Yet another digital strategy is launched, discovers Simon Bailey, but this time it may be on the right track
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were included in the outcomes as being a public facing service. There was a required outcome that a citizen or their agents could check their eligibility for and calculate their entitlement to housing and council tax benefit, and to download and print relevant claim forms. In 2014 I think there are still some authorities that don’t yet meet this outcome.
The priority outcomes were then replaced in 2005 by another strategy called ‘Transformational Government: Enabled by Technology’. The initiative highlighted that public services have to use technology to give citizens a choice, with personalised services designed around their needs, and not the needs of the provider.
In March 2010, yet another initiative was launched. Race Online 2012 was a government backed enterprise aiming to make the UK one of the first countries in the world to achieve near-total internet use by 2012.
Race Online invited companies, organisations and individuals to sign a pledge outlining what they would do to inspire, help and support the then 8.7 million adults in the UK who had never used the internet to get online. Judging by the number still not digitally included, it didn’t do as well as our athletes did in 2012!
So here we are in 2014 with the introduction of yet another strategy. What makes this one different?
Well, it builds on the experience of all the attempts to get people digitally included that have gone before. I believe it is not making rash promises to get all people online by a certain date, or to provide 100% of services electronically by a hastily thought up deadline that is bound to be missed.
The strategy is also pragmatic in that it recognises that just under 10% of the adult population may never be able to gain basic digital capabilities because of disabilities or basic literacy skills, and so it will provide support to anyone who cannot access government’s digital services independently. This comment in itself is a refreshing change from other strategies.
The government is also putting in a review period. The strategy outlines how the government will work over the next two years to reduce the number of people without basic digital skills and capabilities by a quarter. At that point, the government will review its approach to ensure it is on course to have everyone who can be online, online by 2020.
Through their research and consultation, the government has identified four main kinds of challenge that people face to going online:• access – the ability to actually go online
and connect to the internet• skills – to be able to use the internet• motivation – knowing the reasons why
using the internet is a good thing• trust – a fear of crime, or not knowing
where to start to go online.
It rightly recognises that digital inclusion
Simon Bailey IRRV (Hons) is a
Director of ISCAS – contact him on
[email protected] (www.iscas.co.uk)
“There is already a lot of good work being done to meet these challenges, but it is recognised that this support is fragmented,
and is not joined up to have an impact.”
is about overcoming all of the four challenges, and not just one.
There is already a lot of good work being done to meet these challenges, but it is recognised that this support is fragmented, and is not joined up to have an impact. This is where the Digital Inclusion Partnership comes in. This brings together many organisations, including banks, mobile phone companies, supermarkets, media companies and libraries. One of the partners, Go ON UK, has already established digitalskills.com as a trusted source of information and advice on how to help people and organisations to go online. From a Local Support Services Framework point of view, this will be an extremely useful source of information to be used for digital inclusion. The site is in development, but you can add and share resources in your own geographical area. Isn’t sharing information and resources just what the internet should be about?
One quote from the strategy, that is used to identify those who are already reluctantly online, reads “I have to fill out these forms on the computers, otherwise they clip my benefits.” This is not the starting point for getting people online, but maybe it is where we have been going wrong, and perhaps the inclusion strategy will change all that.
Let’s not forget that no-one is ever going to move to a channel or service that is harder to use or less beneficial. “What’s in it for me” is only one of the barriers we have to overcome.
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Doherty’s despatch
Universal Credit – A short historyThe government has committed £488bn to
199 major projects in order to ‘transform public services’ over the next 20 years,
according to official figures, but the Major
Projects Authority (MPA), a government body
designed to improve project performance for
the taxpayer, revealed in their second report
in May that half of the plans are at risk of not
being completed on time.
The watchdog said there were 104
government projects categorised as amber,
amber/red or red in 2013, meaning the
body has concerns about their delivery. This
has increased from 89 identified in their
first report in May 2013. The figures mean
the number of major projects ‘at risk ’ has
increased by 16.8% between 2012 and 2013.
One of these 104, and a major one, is
Universal Credit (UC), that has not even
been categorized as red, but has been
included in a new ‘reset ’ category – which is
below red.
UC has only been around for a relatively short
time, but it already has a chequered history:
• November 2010: the welfare white paper
is published
• January 2011: the project’s ‘design and build’ phase commences
• October 2011: Computer Weekly queries
the feasibility of such a large IT project
• Mid-2012: the Secretary of State sends in
an emergency ‘red team’ to report back.
He later reveals, “I was concerned that the
relationship between the security and the
online aspects wasn’t going to work”
• October 2012: the regulatory framework is
laid in parliament
• February 2013: the MPA review expresses
serious concerns about the department
having no detailed ‘blueprint’ and transition
plan for UC. In response, the head of the
MPA is asked to conduct a 13 week ‘reset’ between February and May 2013. This is not
made public until September
Ready, Re-set, Go?
• Early results from pilot studies show that
plans to pay housing benefit directly to
tenants rather than landlords under UC will
lead to more evictions and arrears
• March 2013: the Secretary of State tells
parliament UC, “is proceeding exactly in
accordance with plans”
• April 2013: the first visible signs of trouble
start to emerge as the national rollout is
massively scaled down and delayed.
The Secretary of State defends the smaller
launch plans, saying, “We learn in detail
the problems, we slowly build the volumes
up. It is a perpetual process of rolling out
and checking”
• September 2013: a damning National
Audit Office report is released saying UC is
beset by, “weak management, ineffective
control and poor governance”. It reveals
ministers have already written off £34m on
failed IT programmes, and the department
may be forced to delay a national launch
beyond 2017
• November 2013: The Guardian reveals
ministers have been presented with a radical
plan, detailed in more than 150 pages of
leaked documents, to restart UC and write off
£119m of work over the past three years
• Two options offered include creating a
much more web based system, reducing the
need for Jobcentre staff, and improving the
existing system, building on the investment
already made
• December 2013: the Work and Pensions
Secretary said that UC might miss the 2017
target, as the department admits 700,000
people may not be transferred in time
• January 2014: minutes of a Whitehall
meeting say friction between the DWP and
the Cabinet Office is causing ‘high level’ risks to the delivery of the project. A Cabinet
Office elite team pulls out of the project,
leaving the DWP urgently searching for new
IT specialists
• May 2014: UC has had to be reorganised so
This month, Pat Doherty’s eagle eye tracks down Universal Credit progress, Tax Credits, and the future of local government finance
“Some of those affected told the CAB they have felt ‘threatened’ by the sometimes aggressive tactics used by private debt collectors contracted by HMRC.”
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fundamentally that the MPA has judged that
it is now an entirely new project, with last
year’s red/amber rating scrapped.
In its report, the MPA said, “The ‘reset ’ category has been applied to the UC project.
We have undertaken significant work to
develop a ‘reset plan’ to place the rollout of
UC on a more secure footing, and the ‘reset ’ Delivery Confidence Assessment (DCA)
reflects this new status of the project.”
Defending the troubled system, the
DWP has claimed that the watchdog’s
report is out of date, because it made its
assessment last September. The department
says it has subsequently made progress in
implementing UC through a limited number
of pilots in Jobcentres.
So far as I can see, the IT project to deliver
the government’s UC scheme to reorganise
the welfare system has gone so badly that
it ’s not even been given the worst rating in
the yearly review, instead getting its very own
‘reset ’ category! I think local government
could teach the DWP a thing or two about
running IT projects and delivering on time.
Commission on Local Government FinanceThe Chartered Institute of Public Finance and
the Local Government Association have set up
an independent commission to look into the
future of local authority finance, and it is
tasked with developing reforms to address key
challenges amid spending reductions.
The group has been asked to examine the
current funding regime, and to come up with
reforms to support local services and promote
economic growth in England.
According to Public Finance, the
commission will examine the need for local
government finance reform by looking at the
ways the current system presents barriers to
the changes needed to create more jobs and
grow local economies. It will examine five key
themes across local spending, including:
• investment in infrastructure
• investment in housing
• integrating health and social care
• creating a welfare benefits system that
promotes work and protects the vulnerable,
and
• supporting families and young people
through early intervention.
Hopefully, this commission will come up
with some constructive ideas that will not
disappear into oblivion, as has happened with
previous inquiries/commissions, particularly as
the Chancellor has made clear that reductions
in public spending will continue, whilst at the
same time there is growing demand for some
council services.
It is expected the commission will publish
interim findings in the autumn, ahead of
a final report in early 2015 that will, it is
hoped, shape debate on the future of
local government finance and influence the
next government.
Increase in debt problems caused by Tax Credit overpayments, say CABThe Citizens Advice Bureau (CAB) says that
they have witnessed a 14% increase in the
number of people falling into debt as a result
“So far as I can see, the IT project to deliver the government’s UC scheme to reorganise the welfare system has gone so badly that it’s not even been given the worst rating in the yearly review, instead getting its very own ‘reset’ category!”
Pat Doherty FIRRV CPFA is an
independent consultant and a Past
President of the IRRV.If you wish to comment
on anything in his article, please email
him on [email protected]
of Tax Credit overpayments.
According to the CAB, they dealt with
29,366 problems related to Tax Credit
overpayments during the 2013/14 tax year.
Of those requests for help and information
linked to Tax Credit errors, 14,157 people
required advice on how to budget more
effectively in order to afford to repay the debt
– a 19% increase.
Tax Credit debt arises as a result of HMRC
over-estimating a person’s entitlement, and
not because of claimant fraud. Measures to
recoup Tax Credit overpayments can include
the use of private debt companies, who text,
telephone or write to those HMRC believes
have been overpaid. Some of those affected
told the CAB they have felt ‘threatened’ by
the sometimes aggressive tactics used by
private debt collectors contracted by HMRC.
New powers have also been given to HMRC
to recoup money directly from a claimant’s
bank account. This had led to fears that money
could be taken incorrectly from those who
HMRC suspects of being overpaid when they
were not. The CAB Chief Executive said, “For
thousands of families, Whitehall calculations
are leading to household debt. Tax Credits
are there to make sure people get a decent
standard of income, but the sharp rise in
debts from overpaid tax credits suggests this
policy is having the opposite effect.”
Whilst this does not appear to be of direct
relevance to local authorities, it can impact on
their collection of council tax or the recovery
of overpayments from the very same families who are subject to enforcement
action by HMRC.
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Viewpoint
at all, they will be like turkey’s voting for
Christmas, and their responses will be valid on
preference. In response to early criticism, to be
fair to Gatwick airport’s limited consultation,
it does actually include a ‘none of the above’
option, so it is possible, at least in theory, to
vote for no runway at all, but you will have to
clarify this in the ‘free text’ box.
It is very easy to draw up our consultation
documents to lead towards the answer that
we want, but is that really honest? Will it lead
to the true representation of residents’ views?
If not, it potentially has little value. Continuing
with the Gatwick example, the consultation
closed in the middle of May, but before this
date the airport had made a submission to the
Davies Committee outlining their preferred
option, thus of course calling into question the
point of the consultation.
Consultation is a requirement in many
walks of public life, but at no stage are you
required to alter your views in the light of this.
You should be able to show that you have at
least considered it, but need not change your
views as a result. The same type of situation
has occurred with neighbourhood plans
where statutory consultation is required to
be completed and the responses form part
There are manyways to consultMany years ago I was the senior revenues
officer responsible for collecting from a major
airport when a certain airline managed to
muddle up their business rates account to
the point of a liability order being obtained.
I was all set to march in and take possession
of a Boeing as distraint, but thinking about
the public relations embarrassment to this
national organisation, and the inconvenience
caused should I manage to get away with this
audacious act, I thought I’d give them one
last chance, and wrote to the chairman with
my intention! Within 48 hours the airline had
made an arrangement to make the annual
payment over six months. As this was a
substantial account, I was most popular with
the Treasurer, due to the extra interest earned
on this cash deposit!
This story came back to me recently as I
was poring over the consultation on the
second runway for Gatwick. The proposal is
actually a bid to the Davies Committee, who
will be deciding where the new runway goes,
with Gatwick and Heathrow being the two
front runners.
In West Sussex, especially near the airport,
views are passionate and quite divided as to
whether a second runway for Gatwick would
be good for the economy, or whether the
cost environmentally and the disturbance
to residents is too high a price to pay. The
consultation has been accompanied by a set
of exhibitions to try to persuade residents that
it would be good. The consultation response
itself is interesting. The sections ask honestly
for concerns and views, but fail to ask the
most fundamental question of all – do you
actually want the airport to have a second
runway? Indeed the consultation is actually
on the preferred siting of the runway – giving
three options to choose from.
What this boils down to is an excellent
example of clever consultation. If the
respondents answer the questions, even if
they are not in support of a second runway
of a consultation document, but you are not
required to alter your plan as a result.
I am regularly asked by members of the
public what number of responses are needed
for a change in a policy document to be
required. Of course the answer is that there
is none, so I can understand why some
people may ask what the point of responding
is! I would hope that even though we may
not be required to change our views, when
overwhelming views are presented, or good
ideas are raised that were not originally
thought of, that we would all have the humility
to accept that change, no matter how small
– this is a win for democracy and the original
concept of consultation. Without it we may
as well simply march on to the Boeing and
distrain, just because we have the right!
“Consultation is a requirement in many walks of public life, but at no stage are you required to alter your views in the light of this. You should be able to show that you have at least considered it, but need not change your views as a result.”
...says Julie Holden, but make sure you play the game fairly
Julie Holden IRRV (Hons) MCMI CMg is
Town Clerk with East Grinstead Town Council,
and a Past President of the IRRV
IRRV Publications
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IRRV Annual Conference
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Telford International Centre, Telford 7 – 9 October 2014
This year’s Annual Conference (and Exhibition) will take place in Telford from the 7 October 2014 (Tuesday) to 9 October 2014 (Thursday). The first day will consist entirely of plenary sessions whilst three separate streams (Local Taxation & Revenues, Benefits and Valuation) will be run on the second day. The final morning will provide delegates with a general update on everything that is happening within the Profession. The Performance Awards Gala Dinner will take place on the Wednesday evening when this year’s winners will be announced.
There are a range of packages to suit individual needs. A limited number of bedrooms are also being held in the local area for delegates attending the conference. These can be reserved via the Conference Team when making a booking. However, the number of bedrooms are limited.
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