PROFESSIONAL PRACTICE REFORM AND CHANGE
Seizing
moment THE
The implementation of the bailiff reforms is fi nally under way, after publication of the government’s policy for reform in January. As Matthew Orme explains, the changes should mark a signifi cant step in professionalising the bailiff sector, to the benefi t of the wider parking industry. So, what reforms? And when?
A
major plank of the reforms involves beefi ng up and extending the existing certifi cation regime for individual bailiffs or ‘enforcement agents’, although enforcement businesses will remain outside of certifi cation. In the reformed world, such agents must hold a certifi cate, except for exempt persons such as police constables and High Court enforcement offi cers. Applicants for certifi cates must provide evidence that they meet defi ned competencies, a satisfactory criminal record check and evidence of liability insurance or a security bond. The names of applicants will be advertised, for the public to object if they think an applicant is unsuitable.
The basic competencies include: the enforcement agent’s role; the relevant law; taking control of, removing and selling goods; customer care; and dealing with confl ict. Training on these competencies will be required before gaining a certifi cate.
Weak spots However, the government rejected calls for a single complaints regime for all bailiffs, either through an ombudsman or a new independent regulator. This remains a serious weakness in the reforms. Instead the status quo is maintained, with complaints going generally to the bailiff’s employer or contractor, or to a trade association if the bailiff is a member.
Aggrieved complainants will, however, be able ask the county court to suspend or cancel the bailiff’s certifi cate. While this will give certifi cation some teeth, there will be a high threshold before the court takes action, rightly so given that the bailiff’s
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www.britishparking.co.uk
JIRI MIKLO / SHUTTERSTOCK
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