Dear Tamworth Borough 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,

claire moore

Yours faithfully,

claire moore

Freedom of Information, Tamworth Borough Council

1 Atodiad

Nicola Hesketh

Information Governance Manager

 

Our ref: FOI6265/NH/01

Please ask for: Jack Gallagher

Tel: 01827 709587 / 709266

E-mail: [1][Tamworth Borough Council request email]

 

Claire Moore

What Do They Know

 

30^th December 2019

 

 

Dear Claire Moore

 

Freedom of Information Act 2000 – Request for Information

 

Thank you for your request for information regarding:

 

Request

 

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

 

Your request was received on 27^th December 2019 and is being dealt with
it under the terms of the Freedom of Information Act 2000.

 

The request maybe subject to exemptions which the Authority is entitled to
apply, we will inform you if exemptions apply to this particular request. 

 

In some circumstances a fee may be payable and if that is the case, we
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with the request.

 

Any future correspondence you may have in relation to this matter can be
sent to the Information Governance Manager at:
[2][Tamworth Borough Council request email]  quoting the above reference number or
alternatively by post to:

 

Information Governance Manager,

Tamworth Borough Council,

Marmion House,

Tamworth,

B79 7BZ

 

Yours sincerely

[3]Signature

Jack Gallagher

Information Governance Assistant

 

 

General Data Protection Regulations 2018

 

The information you have provided within your Freedom of Information
request will be held on our database and may also be held within manual
records for a period of 2 years from the date Tamworth Borough Council
received your request. Any personal data that you provide to Tamworth
Borough Council will be held in line with the requirements set out within
the General Data Protection Regulations 2018.  For more information on how
your information is used, how we maintain the security of your
Information, and your rights to access information we hold on you, please
visit our website at: [4]http://www.tamworth.gov.uk/privacy-notice or  the
ICO Website at:
[5]https://ico.org.uk/for-organisations/gui...
-

 

 

 

[6][IMG]
[7][IMG] [8][IMG]

This email (and any attachment) is intended for the named recipient or entity to whom it is addressed.
It may contain private/confidential information or material that is privileged, and may not be further disclosed without authority from Tamworth Borough Council.
If you are not the intended recipient please accept our apologies and notify us immediately or telephone +(44) 01827 709 709, you must not take action based on it,

Copy, or show it to anyone, and return the original to us. If requested the reasonable cost will be reimbursed to you.

Any e-mail including its content and any attachments may be monitored by us for reasons of security and for monitoring internal compliance in accordance with our policies and procedures.

Protective software is in place to scan both e-mail content and any attachments to block any e-mail that could be considered potentially harmful.
This email and any attachments are believed to be free from viruses but it is your responsibility to carry out all necessary virus checks and Tamworth Borough Council accepts no liability in connection therewith

References

Visible links
1. mailto:[Tamworth Borough Council request email]
2. mailto:[Tamworth Borough Council request email]
4. http://www.tamworth.gov.uk/privacy-notice
5. https://ico.org.uk/for-organisations/gui...
6. https://ip.e-paycapita.com/AIP/itemSelec...
7. http://www.tamworth.gov.uk/
8. http://www.tamworth.gov.uk/do-it-online

Freedom of Information, Tamworth Borough Council

2 Atodiad

Nicola Hesketh

Information Governance Manager

 

Our ref: FOI6265/NH/02

Please ask for: Jack Gallagher

Tel: 01827 709587 / 709266

E-mail: [1][Tamworth Borough Council request email]

 

Claire Moore,

What Do They Know

 

14^th January 2020

 

 

Dear Claire Moore

 

Freedom of Information Act 2000 – Request for Information

 

With regards to your recent enquiry for information held by the Authority
under the provisions of the Freedom of Information Act, please find the
information you requested below with reference in the box to your original
enquiry for clarity where multiple answers are required.

 

Details of Your Request

 

+------------------------------------------------------------------------+
|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  We would seek legal advice if this was the case |
| |
|  |
| |
|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 |
+------------------------------------------------------------------------+

 

The response to your request as follows:

 

1.    No

2.    No

3.    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.

4.    N/A

5.    We would seek legal advice if this was the case

6.    Yes

7.    No

8.    Enforcement agents would undertake the public interest test

 

IMPORTANT NOTICE ABOUT USE OF INFORMATION PROVIDED UNDER THE FREEDOM OF
INFORMATION ACT (FoIA)

 

Most of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by Tamworth Borough Council. The
copyright in other information may be owned by another person or
organisation, as indicated on the information itself.

 

You are free to use any information supplied for your own non-commercial
research or private study purposes. The information may also be used for
any other purpose allowed by a limitation or exception in copyright law,
such as news reporting.

 

However, any other type of re-use, for example by publishing the
information in analogue or digital form, including on the internet, will
require the permission of the copyright owner. For information where the
copyright is owned by Tamworth Borough Council details of the conditions
on re-use can be provided on application to the contact below.

 

For information where the copyright is owned by another person or
organisation you must apply to the copyright owner to obtain their
permission.

 

This council also believes in transparency of information, this includes
requests made under the Freedom of Information Act and the Environmental
Information Regulations and we reserve the right to publish these requests
in our Disclosure Log along with the response, the requestors name and/or
company where the information is requested on a regular basis. Care shall
be taken not to publish your email address or physical address where it is
considered personal information as defined under the General Data
Protection Regulation 2018.

 

Information Governance Manager,

Tamworth Borough Council,

Marmion House,

Tamworth,

B79 7BZ

 

Details of Tamworth Borough Council’s internal review and complaints
procedure are attached, in accordance with the provisions of the Act.

 

 

Yours sincerely

[2]Signature

Jack Gallagher

Information Governance Assistant

 

[3][IMG]
[4][IMG] [5][IMG]

This email (and any attachment) is intended for the named recipient or entity to whom it is addressed.
It may contain private/confidential information or material that is privileged, and may not be further disclosed without authority from Tamworth Borough Council.
If you are not the intended recipient please accept our apologies and notify us immediately or telephone +(44) 01827 709 709, you must not take action based on it,

Copy, or show it to anyone, and return the original to us. If requested the reasonable cost will be reimbursed to you.

Any e-mail including its content and any attachments may be monitored by us for reasons of security and for monitoring internal compliance in accordance with our policies and procedures.

Protective software is in place to scan both e-mail content and any attachments to block any e-mail that could be considered potentially harmful.
This email and any attachments are believed to be free from viruses but it is your responsibility to carry out all necessary virus checks and Tamworth Borough Council accepts no liability in connection therewith

References

Visible links
1. mailto:[Tamworth Borough Council request email]
3. https://ip.e-paycapita.com/AIP/itemSelec...
4. http://www.tamworth.gov.uk/
5. http://www.tamworth.gov.uk/do-it-online