Dear Nottinghamshire County Council,

can you please answer under public interest using yes or no answers or a detailed description if you wish ...

the answers should be contained within your code of ethics and your contracts or
simply in any code of conduct.this is not a complaint against your council
but research into how bailiffs can be a law unto themselves if not watched

1. Does your enforcement agent contract allow your enforcement agents to
issue an indemnity against prosecution for themselves without the prior
agreement of the council in cases where they have wrongfully seized when
the customer is identifiably vulnerable?

2. Have you ever allowed bailiffs to make their own settlement agreements
where goods have to be returned after 3 months?

3. Would you allow enforcement agents to breach the equalities act by
achieving a gain whilst someone is under mental health treatment if it
meant your business rates were collected,even if they didnt inform you?

4. How would you react if they did this without you knowing?

5. Would you class a secret indemnity kept from the council which achieves
a gain at the cost to the vulnerable victim a material breach of contract
.?

6. Must enforcement agents always report failed levies and a full report
when dealing with vulnerable customers 7.would you employ enforcement
agents that have fraudulently concealed information that could cause
litigation to the council or serious damage to a protected party in the
past ?

thank you for your public concern in answering these questions asap.

8.before a seizure of a persons assets do you make sure under human rights act that the bailiff has done a fair and balanced test with regards to whether the seizure is in the favour of the public interest

Yours faithfully,

steve perkins

Yours faithfully,

steve perkins

FOI, Nottinghamshire County Council

Dear Steve Perkins,

FREEDOM OF INFORMATION ACT 2000 – REQUEST FOR INFORMATION (Ref : NCC-041972-19)

Thank you for your request for information relating to Bailiff indemnities. Your request was received on 23 December 2019 and we are dealing with it under the terms of the Freedom of Information Act 2000.

You will receive the information you have requested within 20 working days beginning the day following receipt of your request, unless the Council does not hold the information or there is a reason for it to be withheld. Therefore, you should receive a response by 24 January 2020.

In some circumstances a fee may be payable to cover the cost of copying and postage and if that is the case we will let you know before we proceed with your request.

If you have any queries or concerns, please do not hesitate to contact us.

Further information about your rights is also available from the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 or 01625 54 57 45

www.ico.gov.uk

Yours sincerely

Freedom of Information Act Team
Chief Executives Department
Nottinghamshire County Council

dangos adrannau a ddyfynnir

Alison Fletcher1, Nottinghamshire County Council

Dear Requester,

Further to your request for information under the freedom of information act, Please see below in response. We apologise profusely that we have not been able to provide this information to you within the recommended timescale and we still have yet to receive the data from the department for answers to Q-5/7 (To be confirmed -TBC), which I will forward to you as soon as I have them. Nottinghamshire County Council takes seriously its obligation under the FOIA and are working with departments to ensure that requests are met in the agreed timescales going forward.

1. Does your enforcement agent contract allow your enforcement agents to issue an indemnity against prosecution for themselves without the prior agreement of the council in cases where they have wrongfully seized when the customer is identifiably vulnerable?
- No

2. Have you ever allowed bailiffs to make their own settlement agreements where goods have to be returned after 3 months?
- All settlement agreements are agreed by myself with the Bailiffs before they enter into an agreement with the debtor.

3. Would you allow enforcement agents to breach the equalities act by achieving a gain whilst someone is under mental health treatment if it meant your business rates were collected, even if they didn't inform you?
- We are not involved with collecting business rates, however we would not refer a debtor to a Bailiffs if we were aware that they have treatment for their mental health.

4. How would you react if they did this without you knowing?
- Making a formal complaint, advising the Procurement to see whether a breach of contract.

5. Would you class a secret indemnity kept from the council which achieves a gain at the cost to the vulnerable victim a material breach of contract .?
- TBC

6. Must enforcement agents always report failed levies and a full report when dealing with vulnerable customers
- Yes a report is received in regards to failed levies for all debtors.

7. Would you employ enforcement agents that have fraudulently concealed information that could cause litigation to the council or serious damage to a protected party in the past ? - TBC

8. Before a seizure of a person's assets do you make sure under human rights act that the bailiff has done a fair and balanced test with regards to whether the seizure is in the favour of the public interest
- The Bailiffs supply a report detailing the means of the debtor, and the goods to be seized.

We trust this now resolves your enquiry, however should you have any further queries please do not hesitate to contact me directly on the details below.

We suggest all requesters search under our publication scheme in advance of requesting information under the freedom of information act.

Nottinghamshire County Council regularly publishes previous FOIR, s and answers on its website, under Disclosure logs. (see link) http://site.nottinghamshire.gov.uk/theco...

You can use the search facility using keywords.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you should write to the Team Manager, Complaints and Information Team, County Hall, West Bridgford, Nottingham, NG2 7QP or email [email address] .
Kind Regards
Complaints and Information Team
Nottinghamshire County Council
County Hall
________________________________
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Alison Fletcher1, Nottinghamshire County Council

Please find responses to question 5 and 7 below:

Question 5
Would you class a secret indemnity kept from the council which achieves a gain at the cost to the vulnerable victim a material breach of contract?

Response:
In the event that the Council became aware of such a secret indemnity a full investigation would be carried out and the matter dealt with appropriately under the contractual remedies.

Question 7
Would you employ enforcement agents that have fraudulently concealed information that could cause litigation to the council or serious damage to a protected party in the past ?

Response:
the Council only engage bailiff services via its contract which is procured following a robust procurement process, issues such as previous fraudulent activity would be dealt with appropriately during the selection questionnaire phase of the process. Any seizure of goods must be approved by the Council after a full examination of the case.

Dear Requester,

Further to your request for information under the freedom of information act, Please see below in response.

1. Does your enforcement agent contract allow your enforcement agents to issue an indemnity against prosecution for themselves without the prior agreement of the council in cases where they have wrongfully seized when the customer is identifiably vulnerable? No
- Contract negotiated by CPU and Procurement, therefore I am not aware of any Indemnity against prosecution.

2. Have you ever allowed bailiffs to make their own settlement agreements where goods have to be returned after 3 months?
- All settlement agreements are agreed by myself with the Bailiffs before they enter into an agreement with the debtor.

3. Would you allow enforcement agents to breach the equalities act by achieving a gain whilst someone is under mental health treatment if it meant your business rates were collected, even if they didn't inform you?
- We are not involved with collecting business rates, however we would not refer a debtor to a Bailiffs if we were aware that they have treatment for their mental health.

4. How would you react if they did this without you knowing?
- Making a formal complaint, advising the Procurement to see whether a breach of contract.

5. Would you class a secret indemnity kept from the council which achieves a gain at the cost to the vulnerable victim a material breach of contract .?
- Will need to check with Procurement.

6. Must enforcement agents always report failed levies and a full report when dealing with vulnerable customers
- Yes a report is received in regards to failed levies for all debtors.

7. Would you employ enforcement agents that have fraudulently concealed information that could cause litigation to the council or serious damage to a protected party in the past ? - You will need to check with Procurement as per their procurement process.

8. Before a seizure of a person's assets do you make sure under human rights act that the bailiff has done a fair and balanced test with regards to whether the seizure is in the favour of the public interest
- The Bailiffs supply a report detailing the means of the debtor, and the goods to be seized.

We trust this now resolves your enquiry, however should you have any further queries please do not hesitate to contact me directly on the details below.

We suggest all requesters search under our publication scheme in advance of requesting information under the freedom of information act.

Nottinghamshire County Council regularly publishes previous FOIR, s and answers on its website, under Disclosure logs. (see link) http://site.nottinghamshire.gov.uk/theco...

________________________________
The following message has been applied automatically, to promote news and information from Nottinghamshire County Council about events and services:

Our Meals at Home service can give you peace of mind that elderly relatives are ok as our drivers carry out ‘safe & well’ checks. Choose from 70+ meals delivered frozen or as a daily hot meal. Find out more.<http://www.countyenterprisefoods.co.uk/>

dangos adrannau a ddyfynnir

Emails and any attachments from Nottinghamshire County Council are confidential. If you are not the intended recipient, please notify the sender immediately by replying to the email, and then delete it without making copies or using it in any other way. Senders and recipients of email should be aware that, under the Data Protection Act 2018 and the Freedom of Information Act 2000, the contents may have to be disclosed in response to a request.

Although any attachments to the message will have been checked for viruses before transmission, you are urged to carry out your own virus check before opening attachments, since the County Council accepts no responsibility for loss or damage caused by software viruses.
You can view our privacy notice at: https://www.nottinghamshire.gov.uk/globa...

Nottinghamshire County Council Legal Disclaimer.

________________________________