Dear Chesterfield 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

Julie Sparks, Chesterfield Borough Council

Dear Steve,

Thank you for your Freedom of Information request, received yesterday in
relation to: 'Bailiff Indemnities.'

The request has been logged under Reference FOI 5090 and will now be
assigned to an officer for a response.

The statutory period for response time for these requests is 20 working
days (with some exceptions).

Please quote the above reference in any further correspondence.

Julie Sparks
sent on behalf of Gerard Rogers
Local Government and Regulatory Law Manager, Monitoring Officer.
[email address]
01246 345310

********************

Full Request Details

Dear Chesterfield 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

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show quoted sections

Andy Booker, Chesterfield Borough Council

1 Attachment

Please find attached the response to you recent FOI request

Regards

Freedom of Information
Chesterfield Borough Council

This email is confidential, may be legally privileged & may contain personal views that are not the views of Chesterfield Borough Council. It is intended solely for the addressee. Under the Data Protection Act 2018 & the Freedom of Information Act 2000 the contents of this email may be disclosed. Although the Council has taken reasonable precautions to ensure that no malicious software including viruses are present in this email, the Council cannot accept responsibility for any loss or damage arising from the use of this email or attachments. Chesterfield Borough Council reserves the right to monitor both sent & received emails. Personal data is processed in accordance with our privacy policy: https://www.chesterfield.gov.uk/privacy

Dear Andy Booker,

thank you andy for your transparancy and good ethics

can you just be clearer with question 5

why would it not happen?hypothetically if your agent did do this would you class it as a material breach ?

again this will not be a complaint against you and i thank you for your prompt responses

Yours sincerely,

steve

Andy Booker, Chesterfield Borough Council

Dear Steve

We expect our enforcement agents to act in accordance with the law so wouldn’t expect this to happen. Obviously if there was any indication they had not acted accordingly a thorough investigation would be done.

Regards

Andy Booker
Chesterfield Borough Council

show quoted sections

Dear Andy Booker,

andy

can you clarify if you would allow the following

where a bailiff takes goods in error and holds them for 3 months whilst the customer is in a mental health hospital he then gets the customer to sign a indemnity to say he will return the goods that are not theirs if protected party sings a consent he wont sue

enforcement agent then fails to delcare failed levy and declare the indemnity that only covers the ea not the council ...customer then sues the council due to the law breaks and the equality law abuse

is that acceptable ,what would be the outcome if your agent performed like that
Yours sincerely,

steve

Freedom of Information, Chesterfield Borough Council

Steve

No this is not acceptable and a thorough investigation would be completed. If it was found that the EA had done this then this would result in a formal complaint and a suitable resolution would have to be found. The Council would also have to decide whether to continue to use that EA in future.

Regards

Freedom of Information
Chesterfield Borough Council

show quoted sections

Dear Freedom of Information,

thank you for your transparancy and good ethics

Yours sincerely,

steve