Dear Royal Borough of Windsor and Maidenhead,

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,

Yours faithfully,

claire moore

foi, Royal Borough of Windsor and Maidenhead

Good Morning Claire,

 

I am writing to acknowledge your information request. This has been
allocated reference number: FOI74515.

 

The Freedom of Information Act 2000 provides 20 working days for a
response. You will receive a response to your request by Thursday 23^rd
January 2020.

 

Kind regards,

 

Tom Parsons

 

Information Governance Assistant

Information Governance Team

Governance Service

The Royal Borough of Windsor & Maidenhead

Town Hall, St Ives Road, Maidenhead, SL6 1RF

Telephone: 01628 683221

 

Our website: [1]www.rbwm.gov.uk

Follow us on Twitter: [2]@RBWM

Like us on Facebook: [3]Facebook

 

 

dangos adrannau a ddyfynnir

foi, Royal Borough of Windsor and Maidenhead

Good Afternoon Claire,

 

I am writing to respond to your information request, reference FOI74515.
Please see the following:

 

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?

 

No.

 

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

 

Not that we are aware.

 

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?

 

Please note that there is no legal definition of vulnerability and that
there are obviously many different and varying degrees of “mental health
treatment”. If someone were identified as being “vulnerable” the matter
would either be recalled from the EA or passed to their in-house welfare
teams rather than enforcement action being taken. A yes/no answer it not
possible here.

 

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

 

See previous response. Not applicable

 

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?

 

Legal advice would need to be sought.

 

6.    Must enforcement agents always report failed levies and a full
report when dealing with vulnerable customers.

 

Again this does not fit with our approach to vulnerable 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?

 

    Not if made aware of this.

 

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

 

   This is undertaken by the EA.

 

This concludes your information request.

 

If you are unhappy with the information we have provided in response to
your request please write to:

 

Jennifer Shaw

Data Protection Officer/ Senior Information Governance Officer

Royal Borough of Windsor & Maidenhead

Town Hall, St Ives Road

Maidenhead

SL6 1RF

or send an e-mail to [1][RBWM request email]

 

Kind regards,

 

Tom Parsons

 

Information Governance Assistant

Information Governance Team

Governance Service

The Royal Borough of Windsor & Maidenhead

Town Hall, St Ives Road, Maidenhead, SL6 1RF

Telephone: 01628 683221

 

Our website: [2]www.rbwm.gov.uk

Follow us on Twitter: [3]@RBWM

Like us on Facebook: [4]Facebook

 

 

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References

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Dear foi,

thank you for your transparancy and prompt attention.well done

Yours sincerely,

claire moore