Dear Sheffield City Council,

Have sheffield city council ever allowed a bailiff to

issue a indemnity for himself to prevent his future prosecution after a failed and unlawful levy .

Would sheffield cc allow a bailiff to ask for a indemnity against prosecution from someone under mental health care once he has made a obvious error

would sheffield expect their bailiff to report any failed levys and any indemnities issued .Plus any indemnities that do not also cover sheffield cc

this is not a complaint about sheffield nor will be .But is a concern how bailiffs are allowed to treat vulnerable debtors

Yours faithfully,

dan74

FOI, Sheffield City Council

Link: [1]File-List

Dear Dan74,

 

Thank you for your request for information relating to Indemnities for
bailiffs which we received on 11/11/2019.

 

This has been logged as a Freedom of Information Request, and will be
dealt with under the Freedom of Information Act.  The reference number for
your request can be found above.

 

Before we can begin to process your Freedom of Information Request, we
require your full name.

 

The Freedom of Information Act states that we must respond to a Freedom of
Information request within 20 working days, however, the 20 working days
do not include any time spent clarifying a request.  Therefore, once we
have received your clarification, we can continue processing your request
within this time frame.

 

You can provide your clarification by writing to the address above,
emailing [2][Sheffield City Council request email] or by telephoning 0114 2734567 and asking
for the Information and Knowledge Management Team.

 

We look forward to hearing from you.

 

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: [3][Sheffield City Council request email]

P Please don't print this e-mail unless you really need to

 

 

 

show quoted sections

Dear FOI,

sorry see attached name

can you answer these questions instead

This will not be a complaint about you but is in the public interest
under foi can you answer within your contract or answering as ethically as you would behave in the circumstances the following please

Would you allow your agents to issue a indemnity against prosecution for themselves without the
agreement of the council in cases where they have wrongfully seized and to present it to
vulnerable people

Have you ever allowed bailiffs to make their own settlement agreements
where goods have to be returned?

Would you allow enforcement agents to breach the equalities act if it
meant your business rates were collected .

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

if a bailiff said a firm that was being collected from was going to go bust .would you tell the bailiff to continue the levy or perform a balance test in the public interests?

Yours sincerely,

dan perkins

FOI, Sheffield City Council

Link: [1]File-List

Dear Daniel Perkins,

 

Thank you for your recent request for information relating to Indemnities
for bailiffs which we received on 11/11/2019.

 

This has been logged as a Freedom of Information Request, and will be
dealt with under the Freedom of Information Act.  The reference number for
your request can be found above.

 

The Freedom of Information Act states that we must respond to you within
20 working days, therefore, you should expect to hear a response from us
by 02/01/2020.

 

In the meantime, if you have any queries please, contact us at the email
address below.

 

Thank you.

 

Yours sincerely,

 

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: [2][Sheffield City Council request email]

P Please don't print this e-mail unless you really need to

 

 

show quoted sections

FOI, Sheffield City Council

Dear Daniel Perkins,

 

Thank you for your recent request for information relating to Indemnities
for bailiffs which we received on 11/11/2019.

 

Please find below, Sheffield City Council’s response to your request:

 

Would you allow your agents to issue a indemnity against prosecution for
themselves without the agreement of the council in cases where they have
wrongfully seized and to present it to vulnerable people

 

Sheffield City Council does not hold the information you have requested.
This question appears to be asking whether we allow our Enforcement Agents
to possibly commit fraud and hide this from the Council.  The Freedom of
Information Act applies to recorded information held by a public
authority, so it is unclear how the Council could hold recorded
information stating that it will permit actions to be taken when it is
unaware of these actions.

 

Have you ever allowed bailiffs to make their own settlement agreements
where goods have to be returned?

 

Our contract is regulated by an extensive set of Terms and Conditions and
all Enforcement Agencies have to agree to work to these rules whilst
acting as our agent on these matter.  Further, as a condition of the
contract we require Enforcement Agencies to adhere to the CIVEA Code of
Conduct as well as Citizens Advice Bureau Council Tax Protocol, and the
Council’s own policy on Council tax and Business Rates Recovery. 

 

Would you allow enforcement agents to breach the equalities act if it
meant your business rates were collected .

 

Please note that the Freedom of Information Act provides access to
recorded information; there is no requirement for the Council to create
information, answer hypothetical or speculative questions, or provide
advice or opinions in response to a request. However, we can confirm that
our contracts require that an Enforcement Agency must comply with its
statutory obligations under the Equality Act 2010 and to that end shall
adopt a policy to comply with those obligations.

 

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

 

Please note that the Freedom of Information Act provides access to
recorded information; there is no requirement for the Council to create
information, answer hypothetical or speculative questions, or provide
advice or opinions in response to a request. However, we can confirm that
our contracts have extensive dispute resolution and breach procedures
which may be utilised if an activity warranted such action. 

 

if a bailiff said a firm that was being collected from was going to go
bust .would you tell the bailiff to continue the levy or perform a balance
test in the public interests?

 

Please note that the Freedom of Information Act provides access to
recorded information; there is no requirement for the Council to create
information, answer hypothetical or speculative questions, or provide
advice or opinions in response to a request.

 

If you have any queries about this response, please do not hesitate to
contact us.

 

If you are unhappy with the response you have received in relation to your
request, you are entitled to have this reviewed.  You can ask for an
internal review by either writing to the above address or by emailing
[1][Sheffield City Council request email].  Internal review requests should be submitted
within 40 working days from the date of this response.

 

If you remain dissatisfied with the outcome of your internal review, you
can contact the Information Commissioners Office. The Information
Commissioner can be contacted at: The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 0303
123 1113, or for further details see their website [2]www.ico.org.uk

 

Kind Regards,

 

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: [3][Sheffield City Council request email]

P Please don't print this e-mail unless you really need to

 

 

show quoted sections

Dear FOI,

dear sirs

considering other councils have answered without a issue i think you can do better in the public interest

this complaint is not about you so do not worry about legal action

we have now over 20 local councils who have answered honestly and straight forwardly within hours so we can hope you can read the questions and answer in the public interest.
you have given no clarity as to what you would do in the situations mentioned..

if you do n0t want to answer in the public interest i cannot force you

Yours sincerely,

dan74

FOI, Sheffield City Council

Dear Daniel Perkins,

 

Thank you for your recent request for an internal review relating to
indemnities for bailiffs which we received on 19/12/19. We are sorry to
hear that you are not happy with your response.

 

This has now been logged and will be carried out by a member of the team

 

You should expect to hear a response from us by 21/01/2020.

 

In the meantime, if you have any queries please, contact us at the email
address below.

 

Thank you.

 

Yours sincerely,

 

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: [1][Sheffield City Council request email]

P Please don't print this e-mail unless you really need to

 

 

show quoted sections

Dear FOI,

for clarity

whilst some may seem hypothetical ,the answers are located within your code of ethics and your contract

for example would you allow someone to conceal a arrangement that received a financial gain from someone under mental health care and to then conceal it from you in following audits etc .

please answer in good spirit like the other many councils so the public are aware what amount of leeway agents have to breaking equality law and basically hiding it from you

you are correct it is fraud so the answer will be no we would not be happy with someone concealing financial gains from vulnerable customers without our knowledge etc

thank you .i look forard to prompt response given the circumstances

Yours sincerely,

dan74

Dear Sheffield City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Sheffield City Council's handling of my FOI request 'Bailiff indemnities'.

whilst grateful for some effort i would appreciate a response more in tune with the public interest.hypothetical questions can become real quickly and their should be provisions in contract to prohibit bad behaviour likely to result in the councils prosecutions

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Yours faithfully,

dan74

FOI, Sheffield City Council

Hello Dan

 

Further to your request for an internal review of the initial response to
your Freedom of Information request reference 1209, I have undertaken this
and am able to provide an amended response to your questions. This is set
out below.

 

Would you allow your agents to issue a indemnity against prosecution for
themselves without the agreement of the council in cases where they have
wrongfully seized and to present it to vulnerable people

 

No. Contractors must abide by the terms of our Contract, and as such,
Sheffield City Council would not allow our Enforcement Agents to commit
fraud and hide this from us.

 

Have you ever allowed bailiffs to make their own settlement agreements
where goods have to be returned?

 

No. Sheffield City Council engages all Enforcement Agencies under
contracts and Enforcement Agencies must agree to abide by the terms and
conditions of the contracts, whilst acting for the Council. In addition,
Sheffield City Council require our Enforcement Agencies to adhere to the
CIVEA Code of Conduct as well as Citizens Advice Bureau Council Tax
Protocol, and the Council’s own policy on Council tax and Business Rates
Recovery. All activities are monitored under our contract management
arrangements. 

 

Would you allow enforcement agents to breach the equalities act if it
meant your business rates were collected .

 

No. Sheffield City Council’s contracts require that an Enforcement Agency
must comply with their statutory obligations under the Equality Act 2010.

 

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

 

Such an event would be handled under our contract management arrangements
and in line with the terms and conditions, including an assessment of any
breach of these.

 

if a bailiff said a firm that was being collected from was going to go
bust .would you tell the bailiff to continue the levy or perform a balance
test in the public interests?

 

Sheffield City Council would comply with the Insolvency legislation and
each incident would be reviewed on a case by case basis.

 

I hope this provides you with the required clarification, however if you
are dissatisfied with the outcome of your internal review, you are
entitled to contact the Information Commissioner’s Office and they will
consider whether your complaint is eligible for further review. The
Information Commissioner’s details and guidance is available on the
website at [1]www.ico.org.uk.

 

Many thanks

 

Tim Sharp

Information Management Officer

Information Management Team

Sheffield City Council

Floor 8, North Wing

Moorfoot Building

Sheffield

S1 4PL

Tel: 0114 273 6388

 

show quoted sections

Dear FOI,

THANK YOU FOR YOUR TRANSPARANCY AND GOOD ETHICS

I AM OF THE VIEW THAT THAT IS FRAUD ALSO .CAN I ASK WHY THAT IS ALSO OF YOUR OPINION

thanks again for being honest and transparant

Yours sincerely,

dan74

Sharp Tim (CEX), Sheffield City Council

Hello Dan74

 

Thank you for your response.

 

This request for an opinion does not fall within the remit of Freedom of
Information legislation, however we have provided the Chartered Institute
of Public Finance and Accountability (CIPFA) definition of fraud (below).

 

“Any intentional false representation, including failure to declare
information or abuse of position that is carried out to make gain, cause
loss or expose another to the risk of loss”

 

In the UK, the term fraud is used to describe many acts such as deception,
bribery, forgery, extortion, corruption, theft, conspiracy, embezzlement,
misappropriation, false representation, concealment of material facts and
collusion.

 

Any activities by enforcement agents falling under the above could
therefore be considered fraudulent. 

 

If you have any complaints in regards to bailiffs / enforcement agencies
the following page on the .gov website may provide guidance
[1]https://www.gov.uk/your-rights-bailiffs/...

 

Many thanks

 

Tim Sharp

Information Management Officer

Information Management Team

Sheffield City Council

Floor 8, North Wing

Moorfoot Building

Sheffield

S1 4PL

Tel: 0114 273 6388

 

 

From: dan74 [mailto:[FOI #618944 email]]

Sent: 23 January 2020 20:39

To: FOI

Subject: RE: Internal review of Freedom of Information request - Bailiff
indemnities

 

Dear FOI,

 

THANK YOU FOR YOUR TRANSPARANCY AND GOOD ETHICS

 

I AM OF THE VIEW THAT THAT IS FRAUD ALSO .CAN I ASK WHY THAT IS ALSO OF
YOUR OPINION

 

thanks again for being honest and transparant

 

Yours sincerely,

 

dan74

 

show quoted sections