Fear of prison stops many people opening council tax letters. In reality, committal to prison is a last resort that applies to very few people, and never simply because you can’t afford to pay.
The short answer
- Prison is only possible in England, not Wales or Scotland.
- It requires wilful refusal or culpable neglect. Genuine inability to pay isn’t enough.
- It can only happen after other enforcement, such as bailiffs, has failed.
- The maximum term is three months, and magistrates usually suspend it on condition you pay.
- Engaging with the council and getting advice makes committal very unlikely.
What has to happen before prison is considered?
- The council gets a liability order.
- It tries other enforcement, such as bailiffs or attachment of earnings.
- If those fail, it can apply to magistrates for a committal hearing.
- Magistrates must look at your means and decide whether non-payment was due to wilful refusal or culpable neglect.
What happens at a committal hearing?
You should attend. Magistrates will look at your income, spending and circumstances. If you couldn’t pay, that isn’t wilful refusal. Most hearings end with a suspended order and an affordable payment plan. Magistrates can also reduce or write off the debt in some cases.
How do I avoid this?
Contact the council, offer an affordable payment, claim council tax support and get free advice. If council tax is one of several debts, see council tax and bankruptcy and does an IVA cover council tax?
Common questions
How much council tax debt before prison?
There’s no amount. Prison depends on whether you wilfully refused or culpably neglected to pay, not on how much you owe.
Can you go to prison for council tax in Wales?
No. Wales abolished imprisonment for council tax debt in 2019.
Is council tax debt a criminal offence?
No. Not paying is a civil debt. A liability order isn’t a criminal conviction.
Getting help
You don’t have to deal with debt on your own. Free, impartial advice is available from MoneyHelper, StepChange and National Debtline. If you want to talk through whether a formal solution such as an IVA could be suitable, you can also get in touch with us.