EU Referendum


Bailiffs: the Government acts


20/06/2013



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Readers may recall us taking a stand on the behaviour of bailiffs employed by local councils to recover Council Tax arrears and other debt, with us charging that some of the activity was criminal.

Back then, in September 2011, we had obtained from West Yorkshire Metropolitan Police confirmation that a particular form of behaviour, the "phantom visit" which then led to massive overcharging, was in fact fraud.

Yet, despite this admission, and formal complaints to my own local authority, nothing changed, and neither did the Police take action, even though they acknowledged that there was de facto evidence of offences having been committed. They had other priorities to occupy them, not least disposing of a disgraced Chief Constable.

A month later, I also had other priorities – a trip to the menders to acquire a porcine spare part, which gives one a somewhat different perspective on life. With that, we allowed the ball to roll gently to the edge of the field, although the momentum never completely dissipated. We still have things on the go.

However, no less than Eric Pickles, Communities Secretary has picked up the ball. An old Bradford hand, his stock is quite definitely on the rise.

Scarcely reported by the media – which says a great deal about how detached they are from real people and real concerns – Mr Pickles did at least make the pages of one of the Telegraph Media Group's sales brochures. This told us that "Ministers have ordered local authorities to rein in over-zealous bailiffs hired to collect council tax and parking charges".

The detail, though, is in recently issued guidelines which, as things go, are extremely interesting. Called "guidance to local councils on good practice in the collection of Council Tax arrears", these tell local authorities that they cannot dump the responsibility for collection of debt on the bailiffs and walk away. They remain responsible for the action of their contractors.

Councillors, the guidelines say, "should regularly scrutinise the operation of outsourced contracts; and the broader use of such recovery action must command and continue to command public support and confidence".

As to our particular issue on concern, the local authorities are told that, "Public concern has been raised about the practice of some bailiffs undertaking 'phantom visits' – charging fees for action when no action was actually taken". And then we have the money quote:
The Government consider that any fraudulent practices should be reported to the police as a criminal offence under the Fraud Act and that Local Authorities should terminate any contract with companies whose activities are proved fraudulent.
Back when we started all this, it took some serious pressure even to get the police to accept my complaint and that has been the common experience. Invariably, we get the mantra from the police, "civil action". But now there is a Government department telling us that bailiff malpractice should be treated as a criminal offence.

Mr Pickles has taken a major step forward.

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