Our committal action process and what you can do to avoid going to prison
Committal action process
We understand that financial difficulties can affect anyone, and we are committed to working with residents to find solutions wherever possible. If you are unable to pay your Council Tax and all recovery options have been explored, committal proceedings may be initiated. In exceptional circumstances, this could result in a custodial sentence, although this is considered only as a last resort.
If this stage is reached, you will receive a formal summons to attend court. The hearing will consider the outstanding balance and the steps taken to resolve the matter. To assist in this process, we ask that you complete and return the income and expenditure form included with your notice. This information enables us to assess your situation and, where appropriate, propose a payment arrangement to the magistrates.
If we do not receive this form, we may be required to proceed with an application for committal. We strongly encourage you to engage with us as early as possible so that we can work together to avoid this outcome.
To complete our income and expenditure form you'll need:
- your employer's details including payroll number (if applicable)
- details of your income
- details of all outgoings (including household bills, travel costs, and debts)
Committal proceedings and Council Tax debt
We are committed to supporting residents in managing their Council Tax obligations and encourage early engagement to avoid enforcement action. However, if a court summons is issued and you fail to attend the hearing, we may apply for a warrant for your arrest. This could result in you being taken into custody and held until a court hearing can take place.
At the hearing, magistrates will consider the circumstances surrounding non-payment. If they determine that the debt has arisen due to wilful refusal or culpable neglect, they may impose a custodial sentence of up to three months. Please note that any outstanding Council Tax will remain payable following release.
In addition to committal proceedings, we may also consider other enforcement options, including:
- Bankruptcy proceedings, which may affect your financial standing and assets
- Charging orders, which could lead to an order for sale of your property to recover the debt
We strongly encourage you to contact us as soon as possible if you are experiencing financial difficulties. Our team is here to help you explore available support and avoid legal action wherever possible.
Committal costs
The costs involved in the committal action will be added to your debt. The costs are:
| Type | Cost |
|---|---|
| Formal court summons | £277.00 per individual summonsed |
| Warrant cost | £162.00 per individual (the process may involve more than one warrant) |
| Application for charging order | £263.00 |
| Application for an order for sale | £2,000.00 to 5,000.00 (recoverable from the proceeds of the sale) |
| Request for further information and subsequent prosecution | £1,000.00 to £4,000.00 |
| Application for bankruptcy | £2,000.00 to £3,000.00 (recoverable as a debt in bankruptcy) |
Consequences of bankruptcy
- you could lose your home
- your credit rating will be affected for many years
- your bank may freeze or close your bank accounts
- your gas or electricity suppliers may change the way they provide the service to you (for example, payment in advance)
- your bankruptcy would be recorded on a public register, and anyone can search this for free
- your employment could be affected
- the Accountant in Bankruptcy could impose restrictions on you if they considered you were incurring debts that you knew you had no chance of repaying. These restrictions could last up to 15 years
Please note; this is not an exhaustive list.
If you are facing financial difficulties, please see our debt advice page.
For advice or support, please contact our Specialist Recovery Team below if you have any queries regarding your arrears.