New Enforcement Board (ECB) research has found that 6% of civil enforcement doorstep interactions are a breach of current standards.
The research, commissioned by the ECB and led byagency M.E.L Research, represents the first comprehensive study of its kind. Researchers analysed a substantial, randomly selected sample of over 600 videos of interactions between enforcement agents and members of the public at their homes or places of work.
The research identified examples of good practice, as well as some episodes of enforcement agents being abused and physically threatened by the people they were trying to collect money from.
The reviewed footage also revealed a number of breaches against the current National Standards. The most common breaches by enforcement agents were those which breached privacy, demonstrated a lack of acknowledgement of evident vulnerabilities, occurred when enforcement took place outside of appropriate hours, or the enforcement agent acted in ways that were deemed likely to be publicly embarrassing to the individual.
There were also instances where enforcement agents were judged to have misrepresented their powers or had threatened to remove household goods that they were not permitted to take.
Following this research, the ECB is launching comprehensive new standards for enforcement work that place requirements on enforcement firms to have robust monitoring processes in place to pick up and address poor practice.
The new standards build on the existing National Standards and are tangible, enforceable expectations. They are supported by both the debt advice sector and the enforcement industry.
The ECB will also shortly be launching its own monitoring and audit process to ensure that these standards are complied with, as well as a complaints handling service for people who believe they have not been treated fairly.
Chris Nichols, ECB Chief Executive said “Our research shows that too many people are currently not being treated fairly during the enforcement process. Six percent equates to tens of thousands of people being impacted every year. This is unacceptable – it must change, and the ECB will ensure that it does.
“Our new standards set a clear, measurable framework for how enforcement agents should conduct themselves and how firms should operate, placing requirements on them to have robust monitoring processes in place to pick up and address poor practice.
“Through these comprehensive new standards, our own robust monitoring process and forthcoming complaints’ service, the ECB will be here to stamp out any continuing bad practice and to ensure fairness for everyone who experiences enforcement action.
“Encouragingly, the research also identified plenty of examples of good practice – this now needs to become the norm for absolutely everyone who experiences enforcement action.”
Responding to the findings, Head of Policy at StepChange, Peter Tutton, said “We welcome the Enforcement Conduct Board’s (ECB) new research examining bailiffs’ body worn video footage, which is an important step towards addressing poor practices within the bailiff industry, a timely piece of work as the ECB launches welcome new standards for enforcement work.
“The ECB finding that standards have been breached is significant and echoes issues that we have been raising for many years. That these breaches were not isolated to certain firms or regions, and cut across a range of standards, shows that work still needs to be done to ensure the bailiff industry is taking urgent steps to improve standards and decrease harm.
“Our recent research linked enforcement action by bailiffs to a range of concerning outcomes experienced by the most financially vulnerable households. This report adds to the existing wealth of evidence that the Enforcement Conduct Board needs to be placed on a statutory footing, to ensure its independence and longevity, but most of all, guarantee that people facing enforcement action are treated fairly and given the protections they deserve.”
Recent StepChange research, which analysed the council tax collection process and within that bailiff activity, found that 91% of StepChange clients surveyed said that bailiff action negatively impacted their physical health and wellbeing, 95% said it impacted their mental health and wellbeing, and 91% said it impacted how safe they felt in their own home.
Matt Hartley, Director of Engagement at the Money Advice Trust, the charity that runs National Debtline, said “Being contacted by a bailiff can be a distressing experience, and the impact of harmful practices should not be understated.
“These findings show clearly the need for stronger regulation of the bailiff industry. The Enforcement Conduct Board’s new standards are an important step to achieving this. However, the Enforcement Conduct Board needs strong powers to take action when the rules are breached. We’ve long called for the ECB to be given the statutory underpinning it needs to tackle poor practice in the bailiff industry – this report further strengthens that case.”
Alan J. Smith, Chair of HCEOA, said “We welcome the publication of these new professional values and standards for enforcement firms and enforcement agents from the ECB – they will be an important part of ensuring a fair and effective enforcement system. The HCEOA played a full part in the consultation and engagement process that led to the development of these new values and standards, and we’ve been encouraged by the way the ECB has listened and engaged throughout.”
“Our public perception survey of 2,000 people across England and Wales earlier this year showed strong public support for a fair and effective enforcement system, in which 83% of the general public agreed or strongly agreed that it is a necessary part of the justice system. That is what our members are fully committed to delivering, and we believe that is what everyone involved – whether that is the ECB team, members of the British public, those representing government or those acting either for debtors or creditors, want to see.”
CIVEA has responded to a unique study of over 600 visits, in which independent analysis of enforcement agents showed that the vast majority of enforcement agents are treating people fairly and respectfully.
The research, commissioned by the Enforcement Conduct Board, shows that enforcement agents (formerly known as bailiffs) work to high standards and conduct themselves professionally when recovering debts owed to the government and local councils. In an independent analysis of body worn video footage, 94 percent of visits were found to be conducted well with people treated fairly and respectfully during an enforcement visit.
While there is still work to do, the industry led the establishment of the Enforcement Conduct Board to independently oversee conduct and maintain high standards, and this survey vindicates the vast majority of field agents that have been criticised in the past.
CIVEA members willingly co-operated with the independent oversight body to enable hours of randomly selected body worn video of enforcement visits to be scrutinised against industry regulations and standards. However, CIVEA will continue to work with its members to drive standards higher to address the problems in the small number of cases that the research identified.
Russell Hamblin-Boone, chief executive of CIVEA, said: “CIVEA welcomes this independent report and while the research identifies some infringement of the standards, it demonstrates that in 94% of interactions there is full compliance by enforcement agents.
We still have work to do to stamp out pockets of poor practice, but the camera doesn’t lie and the evidence is testament to the professionalism of enforcement agents that do a difficult job with respect and consideration.
We set up the ECB to lift the bonnet on our industry and look for repairs. The survey indicates that the engine is in good condition with some minor tuning.”
The post 6% of civil enforcement doorstep interactions are a breach of current standards appeared first on Credit Connect.