On 13 January 2012, Jonathan Djanogly MP, Minister of Justice unveiled plans to update the National Standards to define acceptable behaviour for bailiffs. The updated standards can be viewed at www.justice.gov.uk
Mr 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…Whilst I know the majority of bailiffs are responsible, too many are not…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 MoJ Press Notice went on to state that the voluntary code has been tightened so that people are protected from rogue bailiffs who use unsound, unsafe or unfair methods, while at the same time making sure businesses and authorities can still collect debts fairly.
What has changed?
The section entitled ‘Creditors’ Responsibilities’ has been moved from the end to the beginning of the document. The only material change to that section has been the addition of a paragraph placing responsibility on the creditor to notify the enforcement agency if it believes that the debtor may pose a risk to the safety of the enforcement agent.
The section headed ‘Professionalism and conduct of the enforcement agent’ has been expanded to provide examples of what might be considered deceitful actions by an enforcement agent in misrepresenting him or herself to the debtor. There are also two new paragraphs stating that the enforcement agent must not act in a threatening manner towards the debtor, neither must he act in a manner which may publicly embarrass them.
The section headed ‘Statutory or Financial Requirements for Enforcement Agencies’ is largely as before although references to the need for insurance requirements to be ‘revisited’ each year to the client’s satisfaction have been removed.
The sections entitled ‘Training and Certification’ and ‘Complaints/Discipline’ appear to be as before save for the re-ordering of some of the paragraphs.
The section headed ‘Information and Confidentiality’ is similar to its predecessor although the first paragraph has provided additional clarification regarding the need for clarity in documentation and the requirement to avoid the unnecessary and unhelpful use of legal and technical language. There is also no longer a requirement for enforcement agencies, etc., to hold copies of the National Standards.
Under the section headed ‘Times and Hours’ it no longer states that enforcement should not be undertaken on Bank Holidays. References to Sundays, Good Friday and Christmas Day remain.
Under the heading ‘Goods’ clarification has been provided in the third paragraph as to what constitutes a ‘child’ for the purpose of identifying property which should not be removed (a person under the age of 16).
In the final heading ‘Vulnerable Situations’ there are only two relatively small amendments to the original wording: In the first paragraph the addition of the words “evidence of” before “potential cause for concern” places a greater responsibility on enforcement agents to consider whether such a situation might exist. Secondly, the word “potentially” has been underlined in the last section to increase the emphasis in the context of potentially vulnerable persons.
Julie Green-Jones, Rossendales Chairman stated:
“The Civil Enforcement Association (CIVEA) and the High Court Enforcement Officers Association (HCEOA) were consulted by the Ministry of Justice during the revision of the standards. Whilst not all of their recommendations were taken on board the Enforcement Profession fully support and endorse these revised guidelines.”
The CAB Chief Executive, Gillian Guy, stated:
“These National Standards have been around for years. Justice Minister, Jonathan Djanogly is right to renew efforts to bring bad practice among bailiffs to account. But the new rules won’t offer any more protection unless there’s an independent regulator with the power to control bailiff conduct and ensure fairness for people with financial difficulties. The Government must now keep the momentum going.”