Dear Kirklees Borough Council,

can you please answer under public interest using yes or no answers...

they will 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
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.who are your current agents

Yours faithfully,

steve perkins

Yours faithfully,

steve

Freedom Info, Kirklees Borough Council

Dear Mr Perkins

I confirm receipt of your information request. We are dealing with this and will respond to you in due course.

The Freedom of Information Act 2000 and Environmental Information Regulations 2004 allow up to 20 working days for responding to information requests.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Regards

Information Governance Team
The Democracy Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

show quoted sections

Freedom Info, Kirklees Borough Council

Dear Mr Perkins

 

RE: 21222 - Bailiff indemnities

 

I am writing in response to your request dated 20^th December 2019.  This
has been dealt with under the Freedom of Information Act 2000.

 

The Council’s response to your specific questions is set out below:

 

1.       Does your enforcement agent contract allow your enforcement
agents to issue an indemnity against prosecution for themselves without
the 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?

 

The Council is unaware of the Enforcement Agents used having to make
settlement arrangements or being  forced to return goods after 3 months –
however the Council would fully expect the Enforcement Agents to return
goods immediately if subsequent evidence clearly demonstrated the goods
had been removed illegally or, in cases where there was no such evidence
or the matter was in dispute,  to fully comply with any subsequent
decision made by the Courts.  

 

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?

 

No – The Council would expect The Enforcement Agents to fully comply with
the Equalities Act and not discriminate against any group either directly
or indirectly.

 

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

 

If it was an isolated incident of a member of staff failing to identify a
vulnerable debtor or comply with the legislation offering protection to a
person identified as vulnerable the matter would be taken up with the EA
Company and measures taken to ensure the staff member did not work on our
cases until they had received adequate training and supervision.

 

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?

 

No – The Council is unaware of any “secret indemnities” that would protect
an Enforcement Agent from legal action if they had acted outside of the
legislation or exceed their powers.

 

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

 

Yes - Enforcement Agents provide a full report on actions taken and
contact with the debtor on all cases returned whether successful or not

 

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 ?

 

No

 

8.       Who are your current agents

 

Internal Council Enforcement Agents, Jacobs Enforcement Agents &
Rossendales Enforcement Agents

 

If you are not content with the handling of your request, you have the
right to ask for an internal review.  Requests for internal reviews should
be submitted within 2 months of the date of receipt of the response to
your original request and should be addressed to the Monitoring Officer,
1^st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. 
Alternatively, you can send an email to:
[1][email address]. 

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of any review you have the right
under section 50 of the 2000 Act to apply to the Information Commissioner
for a decision as to whether your request for information has been dealt
with in accordance with the requirements of the Act.  The Information
Commissioner’s website is at [2]www.ico.org.uk and gives more information
about the role and duties of the Commissioner.  The Information
Commissioner can be contacted at: Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely

 

Information Governance Team

The Democracy Service

Telephone: 01484 221000 (voice activated switchboard – please ask for
Freedom of Information)

 

For more information about how we deal with your personal data, please see
the [3]Kirklees Council privacy notice

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