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Independent oversight will be made mandatory for private bailiffs in England and Wales, requiring them to be accredited by the Enforcement Conduct Board (ECB) themselves, or to work for an enforcement firm that is, in order to obtain or renew the certificate they need to work, the Government has announced.

It said that this would mean private bailiffs are held to consistent professional standards and those facing enforcement action would have access to an independent complaints process.

Enforcement firms are not presently required by statute to be ECB-accredited.

Minister for Courts and Legal Services, Sarah Sackman said: “Bailiffs have an important job to do, but with that responsibility must come high standards. When someone is already struggling with debt, the last thing they should face is intimidating behaviour, unfair treatment or being pushed into excessive repayment arrangements they cannot afford. 

“That’s why we’re strengthening the rules. All private bailiffs will have to meet proper, professional standards and will be subject to independent oversight - giving people greater protection and somewhere to turn when things go wrong.” 

Chris Nichols, CEO of the Enforcement Conduct Board, said: “Today’s announcement marks real progress towards a more transparent, accountable and fair enforcement system.

“For the millions of people who experience enforcement action each year, especially those facing vulnerability or financial hardship, this really matters. Enforcement Agents and firms have an essential role to play, but robust oversight is crucial to ensure every person is treated fairly and consistently.”

Nichols added: “These new regulations will close the loophole that has allowed some firms to operate outside ECB oversight and will help ensure that everyone is working to the same high standards. They are vital for upholding standards, tackling poor practice and protecting the public.

“So, today’s announcement is welcome, and we look forward to seeing the detail of the measure and working with the Government and industry to ensure its quick implementation.”

“Businesses who sign up to the Approved Code will be able to demonstrate that they meet higher standards of customer service, transparency and dispute resolution. There will also be a new system to protect people’s money during building projects with payments directly linked to key project milestones.”

Russell Hamblin-Boone, CEO of the Civil Enforcement Association (CIVEA), said: “This is a welcome step by the Government and is supported by our members. We have been calling for a level-playing field in which all enforcement agents must be accredited by the Enforcement Conduct Board (ECB) as part of the certification process. It’s only right that all agents should be subject to the same oversight.

“We have already seen the evidence that ECB-accredited firms are 94% compliant with Government Standards, which speaks to the existing commitment of CIVEA members to independent oversight. We will continue to work closely with the Government to further develop standards and protections for the public."

The announcement on bailiff regulation was unveiled along with confirmation of longer term plans to overhaul the wider consumer protection landscape.

“This will examine how organisations like Citizens Advice and Trading Standards work with regulators, enforcement bodies and redress schemes to make the system faster, easier to access, and better at spotting and tackling harm early.”

The Government has also announced measures intended to tackle cowboy builders. From September, a new government supported scheme will help people identify and hire trusted traders with confidence, it said. 

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