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Emily Beech 28/01/2016

STATISTICS - VULNERABILITY• Approximately11.9 million disabled people in the UK; roughly19% of the

population. approximately 5% (800,000) of children, 16% (5.8m) of working age adults and 45% (5.3m) of people of State Pension age are disabled.

• Psychiatric Morbidity Survey - Office of National Statistics. The latest survey, done in 2007, found a rate of about one in four suffering with recognised mental health issues, 23%.

• 1 in 4 women in England and Wales will experience domestic violence in their lifetimes and 8% will suffer domestic violence in any given year(Crime Survey of England and Wales, 2013/14)

• Lone parent families, represent approximately 1 in 4 of all families with dependent children in England and Wales

STATISTICS – POVERTY AND DEBT

• The Trussell Trust, which manages the UK's largest network of food banks, says that 1,084,604 people received three days' food in 2014/15 - a rise of 19% from the previous year.

• Citizens Advice Bureaux across England and Wales dealt with 583,000 new enquiries between July and September 2015 with 377,000 of these being debt related.

• February 2016 will see the release of a report into Bailiff Statistics and Actions from the CAB, since changing their reporting structure in April 2014, the expectation is that this will give a far more detailed picture of current issues.

SUICIDE; IS THAT WHAT IT WILL TAKE FOR A CHANGE?

• 50% of people surveyed by the charity Mind in 2010 reported suicidal feelings after a knock on the door from bailiffs.

• Football referee hanged himself the day after bailiffs hounded him for debts – Daily Mail August 2014

• Suicide note for bailiffs – The Gloucester Citizen – April 2014

• Bailiff Advice continue to receive approximately 2 calls per day where callers report suicidal feelings as a direct result of debt and enforcement action.

A Marston Holdings Enforcement Officer - November 2015

ISSUES BAILIFF ADVICE HAVE ENCOUNTERED – ENFORCEMENT COMPANIES/AGENTS

• Refusal to withdraw from premises when made aware of vulnerability

• Refusal to refer cases for assessment• Refusal to act in accordance with legislation and CIVEA

Code of Conduct • Clamping of mobility vehicles • Use of clients obvious vulnerability as a ‘pressure tactic’• Misrepresentation of powers • Taking control of and removal of goods from a vulnerable

individual• Not informing creditors of developments (eg; vulnerability)

ISSUES BAILIFF ADVICE HAVE ENCOUNTERED – CREDITORS• Refusal to take responsibility for the actions

or omissions of their agents• Refusal to consider taking back control of the

case• Lack of knowledge and understanding of the

legislation that governs their behaviour• Not being used as a ‘last resort’.

‘We don’t care about vulnerability we only want our money’

‘Its in the hands of the bailiffs now, you will have to deal with them’

VULNERABILITY ASSESSMENT – CONFLICT OF INTERESTS

Oct 2008-A 78-year-old man from

Accrington collapsed and died from a

heart attack after being taken to a

cash machine by a bailiff to pay a £60

speeding fine

Jan 2009 Justice Minister Jack Straw

has ordered an inquiry into Mr Miller's death

Outcome and recommendation:

Enforcement officers assessing

vulnerability is a ‘conflict of interest’

and should not happen

WELFARE DEPARTMENTS

• Established to handle cases where there are clear vulnerability issues. • They are overwhelmed• The process is not appropriate, cases are not put on hold pending outcome of

assessment, the process is two weeks long and remains with the Enforcement Agent

• They want to keep the enforcement fee even though they often agree to establishing a payment plan, and in most cases the individual never had the opportunity to take steps to resolve at compliance stage

• Morally, these cases should be returned, the creation of such departments is a means to retaining the fee, although if handled and charged appropriately, such schemes could benefit the industry and public

FEBRUARY 2016

• Bailiff Advice continue to receive calls from people expressing suicidal thoughts as a direct result of Bailiff Issues

• Bailiff Advice receive their first call from a house hold where Bailiff Involvement has resulted in an attempted suicide. Thankfully, the individual in question is alive and receiving appropriate and comprehensive professional support.

CHANGECommunication

Repercussions

Strict Universal Processes

Accountability

Independent, Unbiased Assessment

Awareness

Monitoring

Independent Ombudsman

Independent Assessment

Advice and Support