Review of bailiff charges

geoff kelly made this Freedom of Information request to Cheshire West and Chester Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Cheshire West and Chester Council,

Can you tell me is the council currently undertaking a review of bailiff contracts awarded by the council?

How many bailiffs have seized goods(not levied) from households with the council area in the this last financial year...

The Ministry of Justice has published an official guide called the National Standards for Enforcement Agents.

On page 9 it says enforcement agents must withdraw from domestic premises if the person is or appears to be vulnerable.

Can you tell me how many liability orders have been returned to the council in the last two years by bailiffs due to the person being classed as a vulnerable person

Can you send me a copy of the agreement the council has with its bailiff contractors regarding people who are classed as vulnerable householders

Yours faithfully,
GEOFF KELLY

Cheshire West and Chester Council

RE: Your request under the Freedom of Information Act 2000

Case Reference: 101001856828

Dear Mr Kelly

Thank you for your email on 28th February 2014.

It will be treated as a request within the meaning of the Act: this means that we will send you a full response within 20 working days, either supplying you with the information which you want, or explaining to you why we cannot supply it.

If we need any further clarification or there is any problem we will be in touch.

In the meantime if you wish to discuss this further please contact FOIWEST. It would be helpful if you could quote the log number.

Yours sincerely

Will Webb
Solutions Team

Cheshire West and Chester Council

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FOI West, Cheshire West and Chester Council

Dear Mr Kelly

 

The service have asked for some clarification please on part of your
request. 

 

Seized and levied is the same thing. Do you mean removed or uplifted ?

 

I would be grateful for your reply as soon as possible so that this
element of your request can be included in our reply.

 

Thank you.

 

Ruth Winson

Solutions Assistant

Cheshire West and Chester Council

 

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geoff kelly left an annotation ()

Yes...Removed from premises..Will do..

Dear FOI West,

Yes removed from premises.

Yours sincerely,

geoff kelly

geoff kelly left an annotation ()

I suggest your legal dept read this document..

http://www.lgo.org.uk/GetAsset.aspx?id=f...

FOI West, Cheshire West and Chester Council

1 Attachment

Dear Mr Kelly

 

Thank you for your request for information of 27 February 2014 which has
been logged as 1856828 and has been dealt with under the Freedom of
Information Act 2000.  I confirm that Cheshire West and Chester Council
does hold some information relevant to your request, but does not hold the
complete information you have requested.  This is because the new
legislation for bailiffs, being implemented on 06-04-14 means that systems
and software are being updated to take account of these changes and,
whilst this is being done, there will be a delay in extracting the data
requested.    Under Section 16 of the FOIA, the Council has a duty to
provide advice and assistance to help you find the information you are
seeking.  I am therefore able to provide the following data returned to
the Council by two of the bailiff companies.  I can also advise that
complete information should be available within the next couple of months
and you may therefore wish to consider submitting a new request later in
the year.

hold information relating to your request and am able to provide you with
the following response.

 

For the purpose of clarity,  I have reproduced your request and append the
answers beneath each question:

 

Can you tell me is the council currently undertaking a review of bailiff
contracts awarded by the council?

Yes

 

How many  bailiffs have seized goods(not levied) from households with the
council area in the this last financial year...

3

 

The Ministry of Justice has published an official guide called the
National Standards for Enforcement Agents.

On page 9 it says enforcement agents must withdraw from domestic premises
if the person is or appears to be vulnerable.

Can you tell me how many liability orders have been returned to the
council in the last two years by bailiffs due to the person being classed
as a vulnerable person

Of the 3 bailiff companies currently used by CWAC only 2 companies are
able to provide this information. Based on these figures the estimated
number of cases that were returned to the Council because they were known
to be vulnerable are 60.  However, there were many other cases that were
returned to the Council for a range of reasons some of which may also have
been vulnerable but were not returned specifically for that reason alone.

 

Can you send me a copy of the agreement the council has with its bailiff
contractors regarding people who are classed as vulnerable householders

Please find attached Cheshire West and Chester Council’s Code of Practice
for Enforcement Agencies.  The section you specifically refer to is 4.6.

 

I trust this answers your enquiry.

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction.    Where applicable, the Council has
also told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Solutions Team within

40 working days from the date of the Council’s response.  You are entitled
to a review by the Council if:

·         You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

·         All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

·         A reason for the disclosures under the request being refused is
not received.

·         You consider that exemptions have been wrongly applied, and/or

·         You consider that a fee has been wrongly applied.

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking.  The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Solutions Team can be contacted by email via: 
[1][Cheshire West and Chester Council request email] or at the following address:

 

Solutions Team

Cheshire West and Chester Council

HQ

58 Nicholas Street

Chester

CH1 2NP

 

The Solutions Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:
[2]http://www.cheshirewestandchester.gov.uk...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [3]www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Ruth Winson

Solutions Team

Cheshire West and Chester Council

 

 

 

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geoff kelly left an annotation ()

Thank you..Can you tell me when this agreement was signed by parties? Or does it involve a new request?