Committal proceedings 

Committal proceedings are considered only after all other recovery options have been exhausted. 

If this happens, we may ask the Magistrates' Court to issue a committal summons requiring you to attend a hearing. The purpose of the hearing is for the court to understand why the Council Tax debt remains unpaid and to review your financial circumstances. 

The court will consider whether you had the means to pay the debt and whether the failure to pay was due to: 

• Wilful refusal – where you deliberately chose not to pay; or
• Culpable neglect – where you failed to pay due to neglect or a lack of reasonable care. 

If the court finds that either of these applies, it has the power to: 

• Commit you to prison for up to three months for each debt
• Commit you to prison for up to three months but suspend the sentence, provided you make agreed payments
• Remit (write off) all or part of the debt if it considers this appropriate 

If you receive a committal summons 

If you receive a committal summons, you should: 

• Contact us immediately on 01908 254060
• Seek independent legal advice before the hearing 

You may be able to get free advice and support from: 

• visit Citizens Advice Milton Keynes
• visit MK Money Lifeline
• visit Age UK Milton Keynes  

Preparing for the hearing 

The court will want to understand your financial circumstances, both now and during the period when the Council Tax became overdue. 

You should bring evidence to support the information you provide, such as: 

• Wage slips
• Benefit award letters
• Bank statements
• Household bills and other expenses 

You will be asked about: 

• Your income and expenditure
• Your employment history
• Your financial circumstances during the period covered by the summons 

Attending your hearing 

It is important that you attend the hearing. 

If you do not attend your committal hearing and the debt remains unpaid, the Magistrates may issue a warrant for your arrest. This authorises enforcement officers to bring you before the court so that your case can be heard. If you are unable to attend the hearing, you should contact the court and the Council as soon as possible and provide evidence of the reason why you cannot attend.