Bailiff indemnities

Response to this request is long overdue. By law, under all circumstances, Mid Sussex District Council should have responded by now (details). You can complain by requesting an internal review.

Dear Mid Sussex District 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

Freedom of Information, Mid Sussex District Council

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Freedom of Information, Mid Sussex District Council

Dear Mr Perkins,

Thank you for your request. Please find our response below.

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? - No

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

4. How would you react if they did this without you knowing? - The case would be placed under investigation.

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 .? - It is not featured in our Service Level Agreement, but we would expect our Enforcement Agents to be transparent and would investigate if not.

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

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.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 EA must refer to the Council prior to any removal of assets, in order to seek permission from the Council.

If for whatever reason you are unhappy with our response you are entitled to pursue any dissatisfaction, in the first instance, by contacting Tom Clark, Solicitor to the Council, Mid Sussex District Council, Oaklands, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS, email: [email address], quoting your Reference Number.

If you still remain dissatisfied with the response you can complain to the Information Commissioner - details available at: https://ico.org.uk/concerns/.

Information provided under the FOI Act 2000 or the Environmental Information Regulations 2004 may be not be re-used, except for personal study and non-commercial research or for news reporting and reviews, without the permission of the Council. Please see the Council website https://www.midsussex.gov.uk/about-us/op..., for further information or contact the FOI Team on 01444 477422.

yours sincerely,

FOI/DPA Team
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Digital and Technology
01444 477422
[Mid Sussex District Council request email]
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Working together for a better Mid Sussex

show quoted sections

Dear Freedom of Information,
Thank you for your transparancy

Yours sincerely,

steve

Freedom of Information, Mid Sussex District Council

Thank you for your email. This is an automated response to let you know
your email has arrived. The FOI/DPA Team may not be able to view your
email immediately (for example if you send your request late
afternoon/evening or on a weekend, it will not be read until the following
working day) and your request will be logged as received when it is first
opened and read by us. If the email contains a request for information,
the 20 working day countdown will start on the first working day after
receipt of this request.

 

The request may be subject to an exemption, which the Authority is
entitled to apply to refuse the request. We will notify you if this is the
case.

 

Once the information has been identified the Authority may also ask that a
fee be paid for processing and delivering the information to you. Details
of any fee to be charged will be notified to you as soon as possible.

 

Any future correspondence you may have in relation to this matter should
be sent to the Senior Information Governance Officer, Mid Sussex District
Council, Oaklands, Oaklands Road, Haywards Heath, West Sussex RH16 1SS or
by return to this email.

 

Information provided under the FOI Act 2000 or the Environmental
Information Regulations 2004 may be not be re-used, except for personal
study and non-commercial research or for news reporting and reviews,
without the permission of the Council. Please see the Council website
[1]http://www.midsussex.gov.uk/my-council/f... for
further information or contact The Digital and Customer Services Team on
01444 477422.

 

 

The information contained in this email may be subject to public
disclosure under the Freedom of Information Act 2000. Unless the
information contained in this email is legally exempt from disclosure, we
cannot guarantee that we will not provide the whole or part of this email
to a third party making a request for information about the subject matter
of this email. This email and any attachments may contain confidential
information and is intended only to be seen and used by the named
addressees. If you are not the named addressee, any use, disclosure,
copying, alteration or forwarding of this email and its attachments is
unauthorised. If you have received this email in error please notify the
sender immediately by email or by calling +44 (0) 1444 458 166 and remove
this email and its attachments from your system. The views expressed
within this email and any attachments are not necessarily the views or
policies of Mid Sussex District Council. We have taken precautions to
minimise the risk of transmitting software viruses, but we advise you to
carry out your own virus checks before accessing this email and any
attachments. Except where required by law, we shall not be responsible for
any damage, loss or liability of any kind suffered in connection with this
email and any attachments, or which may result from reliance on the
contents of this email and any attachments.

References

Visible links
1. http://www.midsussex.gov.uk/my-council/f...