Freedom of information response

Bailiff indemnities

Publication date: 
Thursday 23 January 2020
Request: 

1. Does your enforcement agent contract allow your enforcement agents to issue an indemnity against prosecution for themselves without the prior agreement of the council in cases where they have wrongfully seized when the customer is identifiably vulnerable?

2. Have you ever allowed bailiffs to make their own settlement agreements where goods have to be returned after 3 months?

3. Would you allow enforcement agents to breach the equalities act by achieving a gain whilst someone is under mental health treatment if it meant your business rates were collected, even if they didn’t inform you?

4. How would you react if they did this without you knowing?

5. Would you class a secret indemnity kept from the council which achieves a gain at the cost to the vulnerable victim a material breach of contract.?

6. Must enforcement agents always report failed levies and a full report when dealing with vulnerable customers 

7. Would you employ enforcement agents that have fraudulently concealed information that could cause litigation to the council or serious damage to a protected party in the past ?

8. Before a seizure of a person’s assets do you make sure under human rights act that the bailiff has done a fair and balanced test with regards to whether the seizure is in the favour of the public interest

Response: 

1. No

2. No

3. No

4. In the unlikely event this occurred a Full Investigation would take place

5. Yes

6. Yes

7. No

8. Yes

You are free to use any information supplied to you for your own use, including non-commercial research purposes. However, any other type of re-use, for example, by publishing the information or issuing copies to the public will require the permission of the copyright owner.

Where the copyright is owned by Thurrock Council, you must apply to the Council to re-use the information. Please email information.matters@thurrock.gov.uk if you wish to re-use the information you have been supplied. For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtain their permission.

Request reference:
FOI 9892