This response was submitted by the Taking Control coalition of civil society and debt advice organisations, including StepChange Debt Charity, which campaigns for independent regulation of the bailiff industry and other reforms to ensure fair and appropriate treatment of financially vulnerable people facing debt enforcement.
We warmly welcomed the opportunity to comment on the Enforcement Conduct Board’s (ECB) consultation on Standards for Enforcement Work and Oversight Model.
We have been very glad to see the ECB advance its work on producing an up-to-date and comprehensive set of standards for enforcement work. These new standards should go above and beyond existing guidance and serve as an opportunity to drive positive change in the enforcement sector, with refreshed approaches to crucial areas such as professional conduct, oversight and communications. We very much look forward to the ECB developing new standards on vulnerability and ability to pay/affordability as part of the next stage of the consultation process.
The enforcement industry currently refers to standards set out across the Taking Control of Goods Regulations 2014 and the accompanying non-statutory National Standards. These are insufficient and have not kept pace with developments in thinking and progressive approaches which exist elsewhere, especially when it comes to areas such as affordability and vulnerability. Intervention to drive up standards in the sector is therefore vital and urgent.
This need for quick intervention is reinforced by evidence from Taking Control member organisations’ respective frontline debt advisers and clients, which shows that financially and otherwise vulnerable people are experiencing aggressive and unfair enforcement action at worrying levels – from rejection of reasonable repayment offers through to threatening or inappropriate behaviour.
We are very pleased that the ECB has so far been proactive in its engagement with stakeholders on this topic. We also welcome the ECB’s acknowledgment that these standards must incorporate and apply to both bailiffs (enforcement agents) and enforcement firms more widely.
The Taking Control coalition strongly believes that statutory powers are needed in order for the ECB to truly become an independent and effective bailiff regulator. This move would enable the ECB to comprehensively deliver on its mandate of raising standards in the enforcement industry and ensuring everyone experiencing enforcement action is treated fairly. Without this, the ECB has no legal standing and is reliant on the support of the enforcement industry to run. We urge the ECB to continue to make the case for statutory underpinning in the crucial year ahead.
Noting the above context, we broadly welcomed the proposals and are positive about the direction of travel signalled through this consultation, and set out our detailed comments – including suggestions around how the draft standards could be improved – in the linked response.