Ministry of Justice launches crackdown on “rogue bailiffs”

The move follows a review of laws brought in during 2014, designed to protect the public from aggressive enforcement agents. Among the review’s key findings were that clarifying what was considered unacceptable enforcement behaviour and including advice sector contact details on enforcement letters, the reforms have provided greater transparency over debtor rights and how to complain.

Data provided to the government by the advice sector shows that some debtors and debt advisers perceive that aggressive behaviour is still happening in practice. The Ministry of Justice noted that while it is not realistic to expect intimidating behaviour to have been eradicated altogether, it “takes concerns expressed by the advice sector feedback seriously” and will pay “close attention to the level and nature of complaints as the reforms bed in further”.

However, those bailiffs still aggressively pursuing debts are to come under fresh scrutiny from ministers, the Ministry of Justice said.

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.”

Other review findings included greater clarity for debtors about the fees that can be charged, the processes that should be followed, and where to go for advice.

Russell Hamblin-Boone, chief executive officer of the Civil Enforcement Association (CIVEA) said: “It is encouraging to read that the government has completed a thorough review which shows that the regulations introduced in 2014 are working well in the vast majority of cases.

“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.”

Addressing the minsters’ concerns, Hamblin-Boone said: “We await the evidence, but all enforcement agents are given extensive training. They must pass an exam to qualify for certification and this decision is made by a judge. Increasing numbers of agents wear body-worn cameras to record their visits on film. Film footage is constantly reviewed to monitor agents’ conduct and performance. Often agents’ vehicles are tracked by satellite and their phone use is monitored and recorded.”