Government introduces secondary legislation regulating bailiff firms

The Government has announced it will be introducing secondary legislation which will place all bailiff firms under the purview of the Enforcement Conduct Board (ECB), the existing voluntary regulator for the sector.

The ECB was formed in 2022 to provide oversight for the enforcement sector, after years of campaigning from advice organisations.

Individual bailiff firms can opt to sign up to the ECB, and whilst over nine in ten bailiff firms have done, there is no legal obligation for them to do so, nor are they legally required to pay the associated levy or maintain their membership. This change will ensure that all bailiffs can only work for or with enforcement firms accredited with the ECB. This will effectively require enforcement firms to sign up to ECB accreditation to operate. 

Commenting on the announcement Russell Hamblin-Boone, CEO of the Civil Enforcement Association (CIVEA), said “This is a welcome step by the Government and is supported by our members. We have been calling for a level-playing field in which all enforcement agents must be accredited by the Enforcement Conduct Board (ECB) as part of the certification process. It’s only right that all agents should be subject to the same oversight.

“We have already seen the evidence that ECB-accredited firms are 94% compliant with Government Standards, which speaks to the existing commitment of CIVEA members to independent oversight. We will continue to work closely with the Government to further develop standards and protections for the public.”

Michael Jackson, Chair of the High Court Enforcement Officer Association (HCEOA) said “This is good news all round and is strongly supported by the enforcement profession. This is in effect the Government’s endorsement of our joint recommendation for changes to secondary legislation that would require all EAs to be accredited or to only work with accredited firms, which we put forward, along with our partners at CIVEA, earlier this summer.

“The HCEOA supports high standards and regulation across the sector and over 95% of our members work for or run firms that are already accredited by the Enforcement Conduct Board. We will now continue to work closely with the Government and the ECB to help ensure that the detailed proposals are deliverable for our members and achieve the outcomes the Government is looking for in terms of public protection.”

“At the same time we will continue to campaign for other important issues like improvements in the safety and protection of enforcement agents whilst at work. Minister Sarah Sackman is quite right to say in this announcement that ‘bailiffs’ have an important job to do, and that with that responsibility comes high standards. Alongside this we firmly believe that enforcement agents have a right to go about their job without suffering abuse, threat or violence and that all stakeholders across the sector can play a part in reinforcing this important issue.

Vikki Brownridge, Chief Executive Officer at StepChange, said “This welcome announcement marks a strong stepping-stone towards a full statutory regulator – a reform which will help drive up standards in the sector, challenge bad practice, and ensure StepChange clients and those facing bailiff action have access to legal recourse and support where necessary.

“With one in ten StepChange clients facing bailiff enforcement action, rising to one in three for those in council tax arrears, ensuring bailiff firms are subject to ECB oversight makes sense in the first instance and is welcome for our clients and those we seek to represent.

“Crucially, this step brings the ECB closer to the enforcement legal structure, and the next step should be to introduce primary legislation which will give the ECB full legal powers to ensure higher standards of consumer protections.”

Minister for Courts and Legal Services, Sarah Sackman said “Bailiffs have an important job to do, but with that responsibility must come high standards. When someone is already struggling with debt, the last thing they should face is intimidating behaviour, unfair treatment or being pushed into excessive repayment arrangements they cannot afford.  That’s why we’re strengthening the rules. All private bailiffs will have to meet proper, professional standards and will be subject to independent oversight giving people greater protection and somewhere to turn when things go wrong.”  

Martin Lewis of MoneySavingExpert, speaking as Chair of the Money and Mental Health Policy Institute said: “Sadly, you’re over three times more likely to be in debt crisis if you have a mental health problem, one result of which is that most people who get a bailiff knocking at their door are vulnerable. Many bailiffs behave fairly – but some have got away with acting with impunity due to the lack of mandatory independent regulation. We’ve long campaigned for that to change as aggressive debt collection can and does destroy lives. 

“So we’re delighted the government has listened and made today’s bailiffs announcement – it’s a genuine step forward! Bailiffs will have to comply with the rules or lose their licence. And because regulation is mandatory not opt-in, it should be easier in future to bring in faster, more ambitious compassionate rules. Let’s hope so.”