The Analysis News & Opinions
Justice Committee evidence supports sector development
The government should introduce new regulation for the bailiff industry to ensure people in debt are treated fairly, according to the Justice Committee. In its report Bailiffs: Enforcement of Debt,
produced following an inquiry into concerns about complaints about enforcement agents, the report expressed surprise at their under-regulation compared to other sectors. It described the existing system of
individual certification of enforcement agents by the courts as ‘a rubber-stamping exercise’. It claimed that a new regulator should be able to stop unfit enforcement agents or companies from practising and should also work to change culture and raise standards. The new regulator, the report said, should regularly review enforcement fees which debtors pay, to make sure they are proportionate. The committee concluded that the
current complaints system was fragmented and hard to navigate, especially for vulnerable people. It recommended an independent complaints body, separate to the regulator, to which all complaints about enforcement agents could be escalated. The Ministry of Justice (MoJ) should take account of the role of the existing Local Government and Social Care Ombudsman and the much-delayed introduction of the proposed Public Service Ombudsman. MPs recommend making body-worn
cameras mandatory for all enforcement agents visiting homes and businesses. Chair of the Justice Committee, Bob
Neill, said: “We held our inquiry to investigate the complaints about bailiffs recorded by debt advice charities and our report sits alongside the call for evidence conducted by the MoJ. “While there are strong differences of
opinion on the effectiveness of 2014 reforms to the enforcement industry, there is consensus that there is room for improvement in the way that complaints are handled. “The system is confusing, particularly for the most vulnerable people in society.
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Complaints are important and must be investigated properly. “We were surprised that no regulator is
already in place. We are calling on the government to consult on whether new powers should sit with an existing body or a new one, and how it should be funded. “Debt enforcement can have a real impact
on people's lives so it is vital to ensure that the processes in place are fair and proportionate to all parties concerned.” Responding to the report, Russell
Hamblin-Boone, chief executive of the Civil Enforcement Association, said: “The Justice Committee identified that there is conflicting evidence that enforcement agents are not working to highly prescriptive regulations. However, the report is a helpful contribution to the MoJ’s call for evidence. “Collecting public debt is an important
responsibility and we are already making some of the changes that the committee has identified. From 1 June, all complaints will be channelled through the Local Government Ombudsman, and later this year a new code of practice will mandate the use of body-worn cameras. “Next month we will be sharing plans with
the ministry for a regulatory body to oversee our industry.”
Peter Tutton, head of policy at
StepChange, added: “This is a well considered and important report from the Justice Committee, and its recommendations to drive much-needed reform and oversight of the bailiff sector are welcome. “Enforcement by bailiffs is intrusive and
places disproportionate costs on people in the most vulnerable circumstances. With our research estimating 850,000 cases of bailiff misconduct in the past two years, the case for change is urgent. “We are pleased to see the report’s
recommendations for the establishment of an independent complaints procedure and independent regulation of the bailiff sector. It is also key that the committee have recommended oversight of the fees charged by bailiffs to ensure these are proportionate and just. “With powerful cross-party consensus
supporting an independent bailiff watchdog and new complaints body, the case for independent bailiff regulation has never been stronger. “The MoJ must act quickly to introduce a
properly resourced, independent bailiff regulator. We call on the government to introduce a bill bringing the recommendations into effect in the next Queen’s Speech.”
Commercial debate due
As the commercial credit industry continues to evolve, senior professionals are set to gather to discuss how to improve cashflow, enhance collection efficiency, and optimise their accounts receivables, in a debate run in association with Data Interconnect. The latest of CCRMagazine’s informed
discussion events will again see the industry share its ideas, perspectives, and knowledge. Stephen Kiely, editor of CCRMagazine,
said: “Cashflow and profitability are critical to an organisation’s growth. To this end, important technology can now automate the
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invoice-to-cash process which can improve cashflow, reduce debt and prevents late payment. We are proud to be working with Data Interconnect on an event that we hope will be thought-provoking and interesting. In today’s industry technology is hugely significant, so this debate promises to provide an opportunity for knowledge- sharing and insight.”
May 2019
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