Dear Burnley 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,

dan perkns

Yours faithfully,

steve

FOI, Burnley Borough Council

Dan Perkins/Steve,

Thank you for your request, my apologies for this late response 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?

No

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

No

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

No

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

It would be investigated

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

Anything outside the scope of the agreement would also be investigated

You may, if dissatisfied with the treatment of your request, ask the council to conduct a review of its decision under the council's complaints procedure. The review will be carried out by someone who has not been involved in dealing with your request for information. Please e-mail or write if you would like a review.
If, following the review, you remain dissatisfied with the council's treatment of your request then you may take your complaint to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Thanks

Ian Evenett
Information Governance Officer (Finance and Property)

show quoted sections