Can you go to prison for not paying council tax?

Council tax By Council Tax Helpline, 10 September 2026

In short

Not paying council tax is not a criminal offence. It is a civil debt.
In England only, a council can ask the magistrates' court to consider prison, after bailiffs have failed to collect.
The court must look at your finances first. It can only send you to prison for wilful refusal or culpable neglect, not for being unable to pay.
The maximum is three months, and the court usually suspends it on condition that you pay an affordable amount.
Prison for council tax was abolished in Wales in 2019, and does not exist in Scotland.

Is not paying council tax a crime?

No. Council tax arrears are a civil debt. You cannot be arrested or given a criminal record for not paying.

But in England, a magistrates’ court still has the power to send someone to prison for council tax arrears, in limited circumstances. This is called committal to prison. It is rare, and there are strict steps before it can happen.

Where it can and cannot happen

Where you live	Can you go to prison for council tax?
England	Yes, but only as a last resort, and rarely
Wales	No. The power was abolished on 1 April 2019
Scotland	No

What has to happen first

A council in England can only ask the court to consider committal once:

It has a liability order from the magistrates’ court, and
It has used enforcement agents (bailiffs), and they have been unable to collect the debt, usually because there was nothing they could take.

The council then applies to the magistrates’ court, and you are summoned to a means inquiry, where the court looks at your income, outgoings and circumstances, and at why the council tax was not paid.

What the court must decide

The court can only send someone to prison if it is satisfied that the failure to pay was due to:

Wilful refusal: you could pay but deliberately chose not to, or
Culpable neglect: you could have paid, but through your own fault did not

The court cannot send you to prison because you cannot afford to pay. If your income does not stretch to the council tax, that is not wilful refusal or culpable neglect.

What usually happens

Even where the court finds wilful refusal or culpable neglect, prison is rare:

The maximum is three months
The court usually suspends the prison term, on condition that you pay a set amount each week or month. If you keep to it, you do not go to prison
The court can also reduce or cancel some of the debt in some cases, and must consider alternatives such as deductions from wages or benefits

Going to prison does not wipe out the debt either, unless the court decides that it should.

If you have been summoned

If you receive a summons to a committal hearing or means inquiry:

Go to the hearing. If you do not, the court can issue a warrant for your arrest to bring you to court
Take evidence of your income and outgoings: payslips, benefit letters, bank statements, bills
Explain any illness, disability, caring responsibilities or other reasons you could not pay
Ask for legal help. Legal aid may be available for committal hearings
Contact your council beforehand. An affordable arrangement may mean it does not need to go ahead

How to make sure it never gets that far

At every earlier stage, there are cheaper and simpler ways out:

An affordable special payment arrangement with your council
Council Tax Reduction and discounts that cut the bill
Asking for deductions from wages or benefits instead of bailiffs
A Debt Relief Order, which writes off the arrears and stops enforcement

Where are you with your council tax?

Choose the one that fits best and an adviser will call you back. Free, confidential, and no obligation.

Takes about 3 minutes.