Dear Sheffield City Council,

under foia

can you confirm

that your enforcement agents are not allowed to make secret indemnities for themselves without notifying the council?

Can you confirm you would not allow a enforcement agent to issue a indemnity against prosecution to someone under mental health care

can you confirm the council must always be indemnified against any possible litigation?

this is not a complaint against sheffield cc but a request in the public interest
Yours faithfully,

steve prkns

FOI, Sheffield City Council

Dear Steve Prkns,

 

I am writing in response to your recent request for information regarding
indemnities for bailiffs.

 

Unfortunately, we cannot consider this as a valid request under the
Freedom of Information Act.  Section 8 of the Freedom of Information
states a valid request for information must state the “name of the
applicant and address for correspondence”.

 

Freedom of Information case law makes it clear that whilst an e-mail
address is acceptable, the use of a false name is not.  Sheffield City
Council has reasonable grounds to consider that Name is a false name.  Any
request which is made under a false name is invalid and Sheffield City
Council is under no obligation to process the request.

 

If this is not the case Sheffield City Council does apologise in advance,
however, we would like to ask that you provide verification of your
identity before we can consider your request as a valid Freedom of
Information request.

 

You can verify your identity by providing us with a copy of a driving
licence, passport or other similar identity document to the above address
or by emailing [1][Sheffield City Council request email].  Alternatively you may wish to
provide this identification in person by going into your local housing
office or the First Point enquiry desk at Howden House, Union Street.

If you are unhappy with this decision, you are entitled to have this
reviewed.  You can ask for an internal review by either writing to the
above address or by emailing [2][Sheffield City Council request email].

 

If you remain dissatisfied with the outcome of your internal review, you
can contact the Information Commissioners Office. The Information
Commissioner can be contacted at: The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, telephone 0303 123
113, or for further details see their website [3]www.ico.org.uk.

 

Kind Regards,

 

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: [4][Sheffield City Council request email]

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Dear FOI,
no problem i understand
i hope the name is enough

Yours sincerely,

steve perkins

FOI, Sheffield City Council

Link: [1]File-List

Dear Steve Perkins,

 

Thank you for your recent request for information relating to Indemnities
for bailiffs which we received on 14/11/2019.

 

This has been logged as a Freedom of Information Request, and will be
dealt with under the Freedom of Information Act.  The reference number for
your request can be found above.

 

The Freedom of Information Act states that we must respond to you within
20 working days, therefore, you should expect to hear a response from us
by 03/01/2019.

 

In the meantime, if you have any queries please, contact us at the email
address below.

 

Thank you.

 

Yours sincerely,

 

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: [2][Sheffield City Council request email]

P Please don't print this e-mail unless you really need to

 

 

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FOI, Sheffield City Council

Dear Steve Perkins,

 

Thank you for your recent request for information relating to Indemnities
for bailiffs which we received on 14/11/2019.

 

Please find below, Sheffield City Council’s response to your request:

 

can you confirm

 

that your enforcement agents are not allowed to make secret indemnities
for themselves without notifying the council?

 

Sheffield City Council does not hold the information you have requested.
This question appears to be asking whether we allow our Enforcement Agents
to possibly commit fraud and hide this from the Council.  The Freedom of
Information Act applies to recorded information held by a public
authority, so it is unclear how the Council could hold recorded
information stating that it will permit actions to be taken when it is
unaware of these actions.

 

Can you confirm you would not allow a enforcement agent to issue a
indemnity against prosecution to someone under mental health care

 

Our contract is regulated by an extensive set of Terms and Conditions and
all Enforcement Agencies have to agree to work to these rules whilst
acting as our agent on these matter.  Further, as a condition of the
contract we require Enforcement Agencies to adhere to the CIVEA Code of
Conduct as well as Citizens Advice Bureau Council Tax Protocol, and the
Council’s own policy on Council tax and Business Rates Recovery. In cases
of vulnerability, where the Enforcement Agent has vulnerability concerns,
they are required to return the Liability Order instruction to the Council
in order for the Council to decide upon the most appropriate recovery
action

 

can you confirm the council must always be indemnified against any
possible litigation?

 

Our contract ensures that a service provider keeps the Council indemnified
in respect of all the Purchaser’s losses, costs and damages incurred by
the Purchaser in relation to any claim, proceedings or action brought or
threatened against the Purchaser and/or any of its personnel or elected
members by any third party to the extent that third party alleges any one
or more of the following by the Service Provider in relation to its
conduct in connection with the contract.

 

If you have any queries about this response, please do not hesitate to
contact us.

 

If you are unhappy with the response you have received in relation to your
request, you are entitled to have this reviewed.  You can ask for an
internal review by either writing to the above address or by emailing
[1][Sheffield City Council request email].  Internal review requests should be submitted
within 40 working days from the date of this response.

 

If you remain dissatisfied with the outcome of your internal review, you
can contact the Information Commissioners Office. The Information
Commissioner can be contacted at: The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 0303
123 1113, or for further details see their website [2]www.ico.org.uk

 

Kind Regards,

 

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: [3][Sheffield City Council request email]

P Please don't print this e-mail unless you really need to

 

 

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Dear FOI,

thank you for taking the time to reply

although questiosn are hypothetical it is clear you are on the correct side of ethics and contractual control of your partners

thank you

can i ask if the first question you would consider that fraud? they do not declare something to you that has broken the law ?

again thank you for your transparancy

Yours sincerely,

steve

FOI, Sheffield City Council

Dear Mr Perkins

Thank you for your email. In response to the further question you have asked, we can confirm that each case will be considered individually based on the actual facts, and in accordance with the extensive Terms and Conditions that are set out in our contract.

Kind regards

Robert Jackson
Access to Information Officer
Information Management Team
Business Change and Information Solutions (BCIS)
Resources Portfolio
Sheffield City Council
PO Box 1283, Sheffield S1 1UJ
0114 273 4906
[Sheffield City Council request email]
www.sheffield.gov.uk

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Dear FOI,

hello

these are not really the answers we were looking for .i have reedited the questions so you can answer the same as all the other councils.i appreciate this will now take more time but the answers need to relate to your interpretation of the law not the legislatiosn you mentioned which are outdated and dont include your code of ethics and the importance of equality law.please try again.luton and carlisle and blackburn and darwin have answered in yes or no manner

can you please answer under public interest using yes or no answers or a detailed description if you wish ...business rates enforcement

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,

dan perkins

Yours faithfully,

dan74

Yours sincerely,

steve

FOI, Sheffield City Council

Dear Steve Perkins,

 

Thank you for your recent request for information relating to enforcement
agents which we received on 30/12/2019.

 

This has been logged as a Freedom of Information Request, and will be
dealt with under the Freedom of Information Act.  The reference number for
your request can be found above.

 

The Freedom of Information Act states that we must respond to you within
20 working days, therefore, you should expect to hear a response from us
by 28/01/2020.

 

In the meantime, if you have any queries please, contact us at the email
address below.

 

Thank you.

 

Yours sincerely,

 

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: [1][Sheffield City Council request email]

P Please don't print this e-mail unless you really need to

 

 

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FOI, Sheffield City Council

Dear Steve Perkins,

 

Thank you for your recent request for information relating to enforcement
agents which we received on 30/12/2019.

 

Please find below, Sheffield City Council’s response to your request:

 

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?

 

We are not aware of any such agreement being made and the Council would
not authorise any bailiff to make their own settlement agreements.

 

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?

 

No

 

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

 

This would be managed through the contract.

 

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
.?

 

Enforcement Agents must act strictly in accordance with the terms of the
Contract (i.e. there are no secret clauses in this). Any breach would be
managed through the Contract.

 

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 ?

 

Extensive vetting processes are utilised during the Tender process,
including financial searches, detailed interview questions, and requesting
References from other organisations that use the Agency. Any agency
failing the tender process would not be engaged under contract with
Sheffield City Council.

 

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

 

Yes. Under the terms of the Contract, Enforcement Agents must comply with
the Human Rights Act and the Taking Control of Goods Act.

 

If you have any queries about this response, please do not hesitate to
contact us.

 

If you are unhappy with the response you have received in relation to your
request, you are entitled to have this reviewed.  You can ask for an
internal review by either writing to the above address or by emailing
[1][Sheffield City Council request email].  Internal review requests should be submitted
within 40 working days from the date of this response.

 

If you remain dissatisfied with the outcome of your internal review, you
can contact the Information Commissioners Office. The Information
Commissioner can be contacted at: The Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 0303
123 1113, or for further details see their website [2]www.ico.org.uk

 

Kind Regards,

 

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: [3][Sheffield City Council request email]

P Please don't print this e-mail unless you really need to

 

 

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