Liverpool City Council has decided not to disclose the names of councillors who received summonses for non-payment or late payment of Council Tax. The Council received a Freedom of Information request to produce the information. However, following careful consideration of the balance between public interest and privacy rights over tax matters, the Council concluded that the balance of public interest is for non-disclosure. To date, no councillors have breached their obligation not to vote on any Council Tax motion whilst in arrears. Nonetheless, the Council has written to the Information Commissioner to highlight the issues raised in this case and to ask for further guidance.
The matter of non-disclosure of the names of non-paying councillors has raised crucial issues of principle that could have wide implications for local government. In response, the Council has decided to cooperate fully with the Information Commissioner and comply with its judgement regarding this case. The Council recognises that this case raises key issues of principle, especially the balance between the right to information and individuals’ reasonable expectations of privacy in their tax affairs.
After considering the issues that apply in the case and if it believes that the public interest is best served by disclosure, Liverpool City Council, which has worked hard to improve transparency and enact best practice, will comply with any ruling made by the ICO. The Council has also expressed its readiness to welcome further guidance from the ICO on how councils should balance the public interest in cases such as this one. The Council is keen to embrace best practice in transparency and governance and avoid any past failures in the same.
Andrew Lewis, Chief Executive, Liverpool City Council, said that exercising discretion over public interest and privacy rights calls for a delicate balancing act. The Council’s decision on non-disclosure was reached after carefully considering the personal circumstances in the two cases involved. The balance of public interest favoured non-disclosure, he said
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