Government in call for evidence of aggression from bailiffs amid continued concerns

The government is to call for evidence on whether bailiffs are pursuing debtors with excessive aggression despite reforms four years ago intended to stamp out poor practice.

It is particularly concerned about cases that involve vulnerable people.

Justice minister Lucy Frazer said: “The majority of bailiffs act professionally and within the rules, but we have been told by those working on the front line that this may not always be the case.

“Aggressive tactics will not be tolerated, and through our call for evidence we will identify where the problems are and, if necessary, take action to ensure all bailiffs operate professionally and with proper respect and sensitivity.”

Legal changes in 2014 were intended to protect the public from aggressive enforcement agents, while ensuring that debts could be collected, including those for council tax arrears.

The government review of their operation ‘One year review of enforcement agent reforms’ found better awareness around debtor rights and means of making complaints, more clarity about the fees and sources of advice together with a greater proportion of debts being successfully enforced.

These reforms saw bailiffs prevented from entering homes when only children were present, and introduced mandatory training and a new certification process for them.

Civil Enforcement Association chief executive Russell Hamblin-Boone, who represents bailiffs, said: “While we welcome acknowledgement of the huge strides that have been made in improving enforcement practices, we are concerned that it has been stated that there is a minority that are damaging the reputation of our industry, and we welcome the opportunity for a full exploration of any evidence of rogue bailiffs”.

Hamblin-Boone said enforcement agents received extensive training and increasing numbers wore body cameras to record their visits, while vehicles were tracked by satellite and phones recorded. 

He said: “Enforcement visits are at the very end of the path for people who have failed to make payment arrangements. Anyone who is struggling with their debts should seek free advice from one a debt advice charity.” 

Mark Smulian