Bailiff indemnities

Response to this request is delayed. By law, North Tyneside Metropolitan Borough Council should normally have responded promptly and by (details)

Dear North Tyneside Metropolitan 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,

steve perkins

FOI Officer, North Tyneside Metropolitan Borough Council

2 Attachments

 

 

FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION

 

In all further correspondence please quote our reference FOI2105.  Thank
you for your request for information. 

 

Your request was received on 22/12/19 and the Council is dealing with it
under the terms of the Freedom of Information Act 2000.

 

We have made it easier to request information from us. Our new [1]Request
for Information application is now available online. Here you can submit,
manage and stay updated on all your requests within an account. Click on
the link to create an account and get started. You will need a valid email
address to verify your account.

 

As required by the legislation, the Council aims to answer your request
promptly, but no later than 20 working days after receipt. As stated in
the Information Commissioner’s guidance, Awareness Guidance 11 Time for
Compliance, the 20 working day clock starts the day after the Council
received the request. The due date has been calculated to be 21/01/20. 

 

If the information you have requested contains reference to a third party,
then they may be consulted prior to a decision being taken on whether or
not to release the information to you.

 

Very occasionally, fees may be payable for the supply of information under
the Freedom of Information Act.  This will be considered, and if fees are
payable in respect of this request the Council will contact you before
proceeding in order to be sure that you are happy to go ahead.  Any fees
that do apply must be paid before the information is processed and
released.

 

Please note that an anonymised copy of our response to your request may be
published in the Council’s Disclosure Log where appropriate.  This is a
record of responses to completed requests for information that the Council
has received and dealt with under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.

 

The Council’s Disclosure Log is available online at the following address:

 

[2]http://my.northtyneside.gov.uk/category/...

 

If you have any queries in the meantime, please do not hesitate to contact
us.

 

Adam Howorth

Information Officer

[3]North Tyneside Council.

 

Tel: (0191) 643 2333

[4]Description: Facebook[5]Description: Twitter email

 

From: steve perkins <[FOI #630115 email]>
Sent: 22 December 2019 20:04
To: FOI Officer <[email address]>
Subject: Freedom of Information request - Bailiff indemnities [Scanned]

 

*EXTRNL*
Dear North Tyneside Metropolitan 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,

steve perkins

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[6][FOI #630115 email]

Is [7][North Tyneside Council request email] the wrong address for Freedom of
Information requests to North Tyneside Metropolitan Borough Council? If
so, please contact us using this form:
[8]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[10]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

FOI Officer, North Tyneside Metropolitan Borough Council

3 Attachments

FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION

 

In all further correspondence please quote our reference FOI2105.

 

Your request for information under the above legislation has now been
considered. Please see response attached.

 

We have made it easier to request information from us. Our new [1]Request
for Information application is now available online. Here you can submit,
manage and stay updated on all your requests within an account. Click on
the link to create an account and get started. You will need a valid email
address to verify your account.

 

Please note that an anonymised copy of this response may be published in
our Disclosure Log where appropriate.

 

This is a record of responses to completed requests for information that
the Council has received and dealt with under the Freedom of Information
Act 2000 and Environmental Information Regulations 2004. The Disclosure
Log is available online at the following address:

 

[2]http://my.northtyneside.gov.uk/category/...

 

I trust that this information answers your request, but if you have any
further requests please do not hesitate to contact me.

 

If you are unhappy with the way the Council has handled your request, you
may ask for an internal review. Please contact the Information Governance
Team no later than 40 working days after the date of this letter, after
which time we will consider the matter closed.

 

Law and Governance

North Tyneside Council

Quadrant

The Silverlink North

Cobalt Business Park

North Tyneside

NE27 0BY

 

e-mail [3][North Tyneside Council request email]

 

Further information is also available from the Information Commissioner
at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

[4]www.ico.org.uk

 

 

 

 

From: Adam.Howorth On Behalf Of FOI Officer
Sent: 23 December 2019 11:56
To: steve perkins <[FOI #630115 email]>
Subject: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION FOI2105

 

 

 

FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION

 

In all further correspondence please quote our reference FOI2105. Thank
you for your request for information.

 

Your request was received on 22/12/19 and the Council is dealing with it
under the terms of the Freedom of Information Act 2000.

 

We have made it easier to request information from us. Our new [5]Request
for Information application is now available online. Here you can submit,
manage and stay updated on all your requests within an account. Click on
the link to create an account and get started. You will need a valid email
address to verify your account.

 

As required by the legislation, the Council aims to answer your request
promptly, but no later than 20 working days after receipt. As stated in
the Information Commissioner’s guidance, Awareness Guidance 11 Time for
Compliance, the 20 working day clock starts the day after the Council
received the request. The due date has been calculated to be 21/01/20.

 

If the information you have requested contains reference to a third party,
then they may be consulted prior to a decision being taken on whether or
not to release the information to you.

 

Very occasionally, fees may be payable for the supply of information under
the Freedom of Information Act. This will be considered, and if fees are
payable in respect of this request the Council will contact you before
proceeding in order to be sure that you are happy to go ahead. Any fees
that do apply must be paid before the information is processed and
released.

 

Please note that an anonymised copy of our response to your request may be
published in the Council’s Disclosure Log where appropriate. This is a
record of responses to completed requests for information that the Council
has received and dealt with under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.

 

The Council’s Disclosure Log is available online at the following address:

 

[6]http://my.northtyneside.gov.uk/category/...

 

If you have any queries in the meantime, please do not hesitate to contact
us.

 

Adam Howorth

Information Officer

[7]North Tyneside Council.

 

Tel: (0191) 643 2333

[8]Description: Facebook[9]Description: Twitter email

 

From: steve perkins <[10][FOI #630115 email]>
Sent: 22 December 2019 20:04
To: FOI Officer <[11][email address]>
Subject: Freedom of Information request - Bailiff indemnities [Scanned]

 

*EXTRNL*
Dear North Tyneside Metropolitan 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,

steve perkins

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[12][FOI #630115 email]

Is [13][North Tyneside Council request email] the wrong address for Freedom of
Information requests to North Tyneside Metropolitan Borough Council? If
so, please contact us using this form:
[14]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[15]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[16]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear FOI Officer,

dear sirs
i am dissapointed unlike the other 50 councils that have answered you could not answer the majority of the questions
i am also dissapointed to see you do not need to know when a levy fails

although hypothetical in the public interest it is important that the public know what the bailiffs can and cannot be expected to do in such situations
it does not make your council look very transparant when questions regards ethics and equality law cannot be answered

i hope you can try a bit harder like all the other councils

Yours sincerely,

steve perkins

Dear North Tyneside Metropolitan Borough Council,

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

I am writing to request an internal review of North Tyneside Metropolitan Borough Council's handling of my FOI request 'Bailiff indemnities

i believe you can answer with more clarity in the public interest.please take guidance from the other 50 ethical companies that have seen fit to answer in the public inteerest

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,

steve perkins

FOI Officer, North Tyneside Metropolitan Borough Council

2 Attachments

Thank you for your request for an internal review.  This has been
forwarded to the relevant department and we will contact you further when
information is gathered.

 

Kind regards

 

 

Adam Howorth

Information Officer

[1]North Tyneside Council.

Tel: (0191) 643 5371

[2]Description: Facebook[3]Description: Twitter email

 

From: steve perkins <[FOI #630115 email]>
Sent: 08 January 2020 15:24
To: FOI Officer <[email address]>
Subject: Internal review of Freedom of Information request - Bailiff
indemnities [Scanned]

 

*EXTRNL*
Dear North Tyneside Metropolitan Borough Council,

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

I am writing to request an internal review of North Tyneside Metropolitan
Borough Council's handling of my FOI request 'Bailiff indemnities

i believe you can answer with more clarity in the public interest.please
take guidance from the other 50 ethical companies that have seen fit to
answer in the public inteerest

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

Yours faithfully,

steve perkins

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #630115 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[7]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

FOI Officer, North Tyneside Metropolitan Borough Council

2 Attachments

Dear Mr Perkins

Would you please clarify which aspects of the response you are requesting
an internal review of?

We can confirm that the right of access only covers recorded information
held by a public body.

Much of your request asked for opinion or about hypothetical scenarios and
not recorded information held.

The Authority is not required to respond to these types of questions under
the Act.

Regards

Geoff Snary

Senior Information Governance Officer

[1]North Tyneside Council

 

Tel: 0191 643 5623  Fax: 0191 643 2451

 

[2]www.northtyneside.gov.uk 

 

Please note that my working days are Tuesday to Friday.

 

 

From: Adam.Howorth On Behalf Of FOI Officer
Sent: 09 January 2020 16:23
To: steve perkins <[FOI #630115 email]>
Cc: FOI Officer <[email address]>
Subject: RE: Internal review of Freedom of Information request - Bailiff
indemnities FOI2105

 

Thank you for your request for an internal review. This has been forwarded
to the relevant department and we will contact you further when
information is gathered.

 

Kind regards

 

 

Adam Howorth

Information Officer

[3]North Tyneside Council.

Tel: (0191) 643 5371

[4]Description: Facebook[5]Description: Twitter email

 

From: steve perkins <[6][FOI #630115 email]>
Sent: 08 January 2020 15:24
To: FOI Officer <[7][email address]>
Subject: Internal review of Freedom of Information request - Bailiff
indemnities [Scanned]

 

*EXTRNL*
Dear North Tyneside Metropolitan Borough Council,

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

I am writing to request an internal review of North Tyneside Metropolitan
Borough Council's handling of my FOI request 'Bailiff indemnities

i believe you can answer with more clarity in the public interest.please
take guidance from the other 50 ethical companies that have seen fit to
answer in the public inteerest

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

Yours faithfully,

steve perkins

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[9][FOI #630115 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[10]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[11]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear FOI Officer,

hello

whilst hypothetical the answers to the requests are wthin your code of ethics and yoru contract

over 100 councils have now answered using their above codes

this is in the public interest.if you cannot answer what would happen if a enforcement agent commited those acts then it should be in your contract otherwise they would be breaking the law on your behalf
the tcog act only covers half ,the human rights act covers the other

Yours sincerely,

steve perkins

FOI Officer, North Tyneside Metropolitan Borough Council

Dear Mr Perkins

 

Thank you for confirming the questions are hypothetical and not requests
for recorded information.

 

As such the Authority considers its original response to be correct under
the Freedom of Information Act.

 

If you remain dissatisfied with the response you have the right to
complain to the Information Commissioner at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

[1]www.ico.org.uk

 

 

Regards

Geoff Snary

Senior Information Governance Officer

[2]North Tyneside Council

 

Tel: 0191 643 5623  Fax: 0191 643 2451

 

[3]www.northtyneside.gov.uk 

 

Please note that my working days are Tuesday to Friday.

 

 

From: steve perkins <[FOI #630115 email]>
Sent: 16 January 2020 16:23
To: FOI Officer <[email address]>
Subject: RE: Internal review of Freedom of Information request - Bailiff
indemnities FOI2105 [Scanned]

 

*EXTRNL*
Dear FOI Officer,

hello

whilst hypothetical the answers to the requests are wthin your code of
ethics and yoru contract

over 100 councils have now answered using their above codes

this is in the public interest.if you cannot answer what would happen if a
enforcement agent commited those acts then it should be in your contract
otherwise they would be breaking the law on your behalf
the tcog act only covers half ,the human rights act covers the other

Yours sincerely,

steve perkins

show quoted sections

Dear FOI Officer,

dissapointing seeing as over 100 councils have now answered and you are the only one that hasnt

the answers to these questions are contained in your code of ethics and your contract so i believe you are obstructing the public interest

if you do not want to answer then i will have to ask the ico baring in mind how every other council can answer.
if you wish to search to see use keywords bailiff indemnities .you will see the respoinsbileanswers

Yours sincerely,

steve perkins