Summary: Taking Control of Goods – National Standards 2014

This guidance, issued by the Ministry of Justice, sets out voluntary minimum standards for all enforcement agents (public and private), enforcement agencies, and major creditors involved in recovering debts through the Taking Control of Goods process. While not legally binding, the standards aim to improve public trust and ensure ethical, lawful, and professional conduct throughout enforcement activities.

Purpose and Scope

The standards apply to the vast majority of civil enforcement work, particularly where private agents recover debts on behalf of public bodies. They complement existing legislation, local agreements, and agency codes.

Key Definitions

The document clarifies terminology including "creditor," "debtor," "enforcement agent," and "enforcement agency." Notably, it includes protections for individuals wrongly pursued for debts.

Responsibilities of Creditors

Creditors must act proportionately and ensure full cooperation with enforcement agents. They remain responsible for agents’ conduct and must notify agents of debtor contact, vulnerability, or risks. Protocols for vulnerable debtors and clear complaints procedures are also required.

Conduct of Enforcement Agents

Agents must act within the law, respect health and safety requirements, and maintain client confidentiality. Misrepresentation of powers is strictly prohibited. Agents must remain professional, respectful, and avoid behaviour that may be threatening, discriminatory, or publicly embarrassing. Risk assessments are required in dangerous circumstances.

Agency Financial and Operational Requirements

Agencies must comply with legal obligations, maintain audited accounts, keep separate funds for creditors, retain transaction records, and hold sufficient insurance coverage.

Training and Certification

All agents must receive initial and ongoing training on relevant legislation, safety, vulnerability, and professional conduct. Agencies must ensure that only qualified individuals carry out enforcement work.

Complaints and Discipline

Accessible complaints procedures must be in place, written in plain English and including independent appeal mechanisms. Agents must be aware of these procedures and disclose them when appropriate.

Information Handling and Confidentiality

Documents must be clear and legally compliant. Information should remain confidential and only shared with authorised parties. Agents should notify debtors of potential enforcement costs and consequences in writing.

Operational Standards

Enforcement should occur between 6:00am and 9:00pm unless authorised by a court. Entry must be lawful and never gained by deception. Force is only permitted under strict conditions.

Handling of Goods

Goods must be taken lawfully, with care to avoid damage. Items belonging to third parties, children, or vulnerable persons should not be removed. Receipts must be issued, and valuations must be proportionate to the debt.

Vulnerable Debtors

The guidance provides detailed provisions to protect the vulnerable, including specific protocols, discretion requirements, withdrawal when only children are present, and provision for communication aids. Vulnerability is assessed on a case-by-case basis, with examples including disability, bereavement, and language barriers.

This document aims to create consistency, accountability, and fairness in the enforcement process and encourages all stakeholders to uphold high ethical standards.

Source

Source: Ministry of Justice