Why the Ministry of Justice must act on bailiffs

Guest post by Rachel Reeves MP and Rt Hon Lord Pickles

The Taking Control campaign coalition are joined by Parliamentarians today, on the one-year anniversary of the closing of the Ministry of Justice call for evidence on bailiff reform, in calling for action to be taken.

Today marks one year since the Ministry of Justice closed its Call for Evidence on the behaviour of enforcement agents — known to most of us as bailiffs. At the time, it was agreed across Parliament that action was needed to curb the unregulated bailiff industry, yet a year later progress seems to have stalled entirely.

That’s why today we, alongside colleagues from across Parliament, have written to Robert Buckland MP, the Secretary of State for Justice, encouraging the Government to take urgent action to facilitate independent and consistent regulation of the bailiff industry and allow for the establishment of an independent complaints mechanism.

Westminster — perhaps unfairly — isn’t always famed for its cross-party working; but when the strength of consensus across party divides is as strong as it is on this issue, there can be no justification for Government inaction.

Financially vulnerable people continue to be impacted by poor bailiff behaviour. Over the past year, Citizens Advice has heard from 41,121 individuals with 111,081 issues around bailiffs. Evidence from organisations across England and Wales continues to show instances of threatening behaviour, seizure of third-party goods, and disrespect for rights of entry and vulnerable clients. This remains a serious concern for organisations dealing with the fallout of visits — 83% of callers to National Debtline who had experienced bailiff action reported the bailiff visit had a negative impact on their wellbeing.

A total lack of effective regulation

Of course, businesses and government have a right — and often a duty — to seek money they are owed, especially from those who are simply refusing or making no effort to pay for products and services. However, for the thousands of vulnerable people who simply don’t have enough money to pay in full, a total lack of effective regulation means many are facing the sharp end of bailiffs’ behaviour.

The Government has recognised the need for change. In July the Minister, Lord Keen of Elie QC, set out to Parliament that regulation of the sector needed to be ‘strengthened’ and that there should be a ‘more effective, transparent and independent’ complaints system [PDF]. The support is also there in both houses, with MPs and Lords from across the divide supporting the changes, also called for by the Justice Select Committee.

Despite this wide-ranging support, there has been virtual radio silence since then. What we really need now is action from Government in the form of concrete plans for how they will achieve effective reform of the bailiff industry. With colleagues across Parliament demanding it, we can only hope the Minister will listen.

Worried about bailiffs? Visit the bailiff help and advice section of our website.