MoJ revises national standards for bailiffs, plans binding regulatory regime

The Ministry of Justice has published updated national standards setting out what constitutes acceptable behaviour for bailiffs.

The move comes ahead of a new legally-binding regulatory regime for the sector.

The MoJ said the latest additions to the voluntary code had been designed to tackle intimidating and threatening behaviour, prevent bailiffs from misrepresenting their powers, and reinforce rules about how firms should resolve complaints about rogue agents.

Councils and other authorities will adopt the standards when setting rules for any bailiffs working for them, the Ministry said.

According to the MoJ, the minimum standards of behaviour now expected of bailiffs and bailiff firms include:

• “Bailiffs must not behave in a threatening manner or use unlawful force to gain access to a home or business;
• Bailiffs should avoid discussing the debt with anyone except the person owing money, and bailiffs must never behave in a way that would publicly embarrass a debtor;
• Bailiffs must withdraw when only a child is present; and
• Bailiffs have a duty of care towards vulnerable people, such as the elderly, people with disabilities, single parents and unemployed people and must use discretion when collecting debts from these groups.”

Proposals for the binding regime, published by the MoJ ahead of a consultation in the Spring, meanwhile include:

• New rules around the modes and times of entry to make it clear when and how an enforcement agent may enter a home or a business;
• Which goods are exempt to make it clear which items an enforcement agent may not take from someone’s home or business premises; and
• What fees bailiffs can charge for the range of debts that they collect for local government, courts and businesses.

The MoJ said it hoped the regime would become law “as soon as possible”.

Justice Minister Jonathan Djanogly said: “Bailiffs are an important part of the justice system so the few unscrupulous bailiffs must be stopped from putting people in harm’s way or taking advantage of the vulnerable. We want to bring an end to the rogue behaviour that can make people’s lives a misery.

“Whilst I know the majority of bailiffs are responsible, too many are not. We often hear stories, and see evidence, of people being mistreated by heavy-handed bailiffs. We are working with the bailiff industry, and other groups, to make sure that cannot happen anymore, but also that people can still collect their debts fairly.”

The new standards can be viewed here.