Dear Ipswich Borough Council,

can you answer these questions using your experiance of partnering with your enforcement agents.this is not a complaint against yourself but vital for public info regarding what bailiffs are and are not allowed to do.the below response was from carlisle cc who answered within 48 hours

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - 8153

The Council has now considered your request received on 15/11/2019 and our response to
your questions is shown below.

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 and to vulnerable people -carlise cc/ No, the provisions of our Service Level
Agreement do not allow for any indemnities against prosecution.

Have you ever allowed bailiffs to make their own settlement agreements where goods have
to be returned? carlisle cc /No

Would you allow enforcement agents to breach the equalities act if it meant your business
rates were collected. carlisle cc /No

How would you react if they did this without you knowing?carlisle In the unlikely event that this
occurred, we would fully Investigate any such breach identified to ensure adherence to
our service expectations.

would you class a secret indemnity which achieves a gain at the cost to the vulnerable victim a material breach of contract .

must enforcement agents always report failed levies and a full report when dealing with vulnerable customers

thank you for your public concern in answering these questions asap .

Yours faithfully,

steve perkins

Yours faithfully,

steve perkins

Ipswich Borough Council

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Ref No: FOI162861401

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Dear Sir/Madam,

Freedom of Information/ Environmental Information Regulations Request:
Acknowledgement 

Thank you for your request received on 2019-12-18 08:42:41 asking for
information about Bailiff indemnities.

This request has been allocated a reference number of FOI162861401.

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We are dealing with your request under the terms of either the Freedom of
Information Act 2000 or the Environmental Information Regulations 2004,
and in line with the Council's policy and protocols. In some circumstances
a fee may be payable and if that is the case, we will let you know.

More information about requesting information from the Council can be
found at:
[1]https://www.ipswich.gov.uk/services/data....

If you have any queries about this message, please contact me via email to
[2][Ipswich Borough Council request email] . Please remember to quote the above reference
number in any future communications.

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Kind Regards

The Information Officer

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*** AUTOMATED EMAIL: This email address is unable to take replies ***
 
Date and time of enquiry: 2019-12-18 08:42:41

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Freedom of Information, Ipswich Borough Council

Dear Mr Perkins,

I am writing to confirm that the Council has now completed its search for
the information which you requested on 17 December 2019 about bailiff
indemnities.

The information supplied has been provided by the department responsible
for the service delivery.

            Please find Ipswich Borough Council’s response beneath each
question:

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 and to
vulnerable people?

 

The SLA in place provides that

 

-          the supplier will indemnify the Council for any loss or damage
or claims against the Council which arise directly as a result of the
recovery actions taken by the supplier or their agents.

 

-          The Supplier will provide at their own cost a policy of
insurance to cover the liability of their employees, agents or
sub-contractors in respect of any act or default to which they may become
liable to indemnify the council under the terms of this agreement. The
Insurance policy will have no limit on the number of claims and a maximum
amount of £1 million per claim. Copies of all insurance certificates are
to be provided by the supplier prior to the agreement start and at annual
intervals or t time of renewal, whichever occurs first.

 

Accordingly the Council expects the supplier to comply with this
contractual obligation. It does not hold any information on any additional
indemnities the enforcement agents may have in place.

 

 

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

We have never had “goods returned” as far as we are aware, but we would
not agree to any settlement agreements.

 

 

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

No information held. The Freedom of Information Act requires public
authorities to respond based on information held only and not speculation.

 

 

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

No information held. The Freedom of Information Act requires public
authorities to respond based on information held only and not speculation.

 

 

5. Would you class a secret indemnity which achieves a gain at the cost to
the vulnerable victim a material breach of contract?

No information held. The Freedom of Information Act requires public
authorities to respond based on information held only and not speculation.

 

 

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

Yes.

You may re-use this information under the terms of the [1]Open Government
Licence. While re-use is permitted, you should refer to the specific
licence conditions.

If you have any queries about this email, please contact me. Please
remember to quote the reference number FOI162861401 in any future
communications.

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to the Monitoring Officer, Grafton House, 15-17 Russell
Road, Ipswich IP1 2DE, within 40 working days of the date of response.
Please note that we are not obliged to accept requests for internal
reviews after this date.

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner's Office (ICO) for a decision.
Generally, the ICO cannot make a decision unless you have exhausted the
complaints procedure provided by the Council.

Kind regards,

The Information Officer

[Ipswich Borough Council request email]

 

Ipswich Borough Council

Grafton House

15-17 Russell Road

Ipswich

IP1 2DE

 

 

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Dear Freedom of Information,

dear sirs

i thank you for your first attempt at answering

but must ask you answer the ones where you refer the questions as speculation

in the public interest we are asking for you to answer what your councils position is if a agent commits or acts in that way .it may be hypothetical and as mentioned this doe not concern you but it is truly important bailiffs are not allowed to do deals that are outside of the contracts and the equality code of the council

therefore i must ask you answer like the other 90 councils that have so far managed to answer

i realise your point but disagree and ask you now answer

Yours sincerely,

steve perkins

Freedom of Information, Ipswich Borough Council

Dear Mr Perkins,

Thank you for your email requesting a review of the Council’s response to your recent request for information about bailiff indemnities made under the Freedom of Information Act 2000.

Your request for a review was received on 14 January 2020 and has been forwarded to the relevant officers, who will carry out an internal review. Once the review is complete you will be informed of the outcome.

If you have any queries about this message, please contact me via email to [Ipswich Borough Council request email] . Please remember to quote the reference number FOIR20200128 in any future communications.

Kind regards,

The FOI Officer

[email address]

Ipswich Borough Council,
15-17 Grafton House,
Russell Road,
Ipswich
IP1 2DE

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Freedom of Information, Ipswich Borough Council

1 Attachment

Dear Mr Perkins,

Please find attached the result of our internal review.

Kind regards,

The FOI Officer

[email address]

Ipswich Borough Council,
15-17 Grafton House,
Russell Road,
Ipswich
IP1 2DE

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