Bailiff rules for vulnerable people

Bailiff Rules for Vulnerable Debtors

Statutory Protection Where Only a Vulnerable Person Is Present

When a bailiff attends premises to enforce a debt, specific statutory restrictions apply where a child or a person identified as vulnerable is the only person present. Regulation 10(1) of the Taking Control of Goods Regulations 2013 expressly prohibits an enforcement agent from taking control of goods in these circumstances. Where this rule applies, the agent must withdraw and allow the debtor sufficient opportunity to obtain independent advice. If the enforcement agent proceeds regardless, the debtor may be entitled to recover any enforcement fees or charges imposed, as well as to seek costs. Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 provides that such fees and disbursements are not recoverable unless the debtor has first been given a reasonable opportunity to seek advice before removal of goods is attempted.

National Standards for Enforcement Conduct

The Ministry of Justice’s National Standards for enforcement agents, set out in the 2014 guidance, provide further practical protections. Paragraphs 70 to 78 address how enforcement agents and creditors should approach enforcement against individuals who may be vulnerable. Paragraphs 72 and 73 require withdrawal where a child under 12 or a vulnerable adult is the only person present. Paragraph 16 of the same guidance directs creditors to be prepared to assume conduct of the case where vulnerability is identified, reinforcing the principle that the duty to protect lies with both creditor and agent.

Definitions of Vulnerability in Law

Vulnerability may arise from a range of conditions, including age, disability, serious illness, recent bereavement, pregnancy, or limited understanding of English. This is consistent with the statutory definitions found in section 6 of the Equality Act 2010 and section 1 of the Disability Discrimination Act 1995. Both provisions define disability in terms of a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. These definitions should be applied when assessing whether enforcement should proceed.

Case Law and the Law Commission's Guidance

The Law Commission, in its 1997 report, added clarity by defining a vulnerable adult as someone over the age of 18 who, by reason of mental or other disability, illness or age, may be in need of care services or protection. Where enforcement takes place in breach of these protections, it is likely that recovery of fees will be disallowed. This was confirmed in Progressive Property Ventures LLP v Mrozinski [2022] EWHC 1256 (QB), where the court held that disbursements and fees were irrecoverable under Regulation 12 when proper steps to assess and accommodate vulnerability had not been taken.

Exempt Vehicles and the Limits of Welfare Referral

Vehicles used by disabled persons are protected from enforcement where a valid blue badge is displayed. This exemption is given statutory force under Regulation 4(d) of the Taking Control of Goods Regulations 2013. Nevertheless, bailiff companies often suggest a referral to their so-called “welfare department” in response to claims of vulnerability. In most cases, this results in a routine postponement of enforcement for 30 days, but it should not be treated as a substitute for compliance with the statutory framework or the protections afforded under regulation and case law.

Religious and Cultural Considerations

Enforcement agents are also required to act with cultural and religious sensitivity. Paragraph 55 of the 2014 National Standards stipulates that enforcement should not take place on days of major religious or cultural observance, such as Christmas, Easter, Ramadan or Eid. This requirement is reinforced by contractual terms found in most enforcement service agreements with local authorities, which impose a moratorium on enforcement from 24 December to 02 January.

Relief Where Vulnerability Is Proven

Where a debtor is identified as vulnerable, it does not absolve the debt but does entitle the individual to temporary protection from enforcement and to greater procedural safeguards. The debtor may request that the creditor withdraw the instruction to enforce. Where enforcement has already occurred, for example where a vehicle has been clamped or removed, and the debtor provides evidence of vulnerability, the enforcement agent is not entitled to recover enforcement stage fees or associated charges. This applies even where storage fees have been added. The debtor may apply to the court for a detailed assessment under Part 47 of the Civil Procedure Rules, seek return of the vehicle, and claim damages for unlawful enforcement. The court may also award costs.

Taking Prompt Action and Seeking Support

Where there is clear evidence of vulnerability, the debtor should act promptly to preserve their position. I can assist with preparing a formal letter to the enforcement company and the creditor, setting out the relevant grounds and requesting the withdrawal of enforcement. If necessary, I can also draft the supporting applications and represent the debtor in court proceedings to challenge any unlawful enforcement or to recover damages. All advice is provided in accordance with the statutory framework and informed by experience of enforcement law and regulatory guidance.