Instructing an enforcement agent (still commonly referred to as a bailiff) is one method of civil debt enforcement. Different enforcement agents are used to collect different types of unpaid debt on behalf of creditors (including local authorities, government departments and private individuals). Some enforcement agents are officers of the court, others are self-employed, some are employees of a private debt collection company.
In February 2012, the government made a commitment to deliver protection against "rogue bailiffs" who use "aggressive methods" whilst ensuring debts could still be collected effectively. It delivered this commitment through the implementation of Part 3 of, and Schedule 12 to, the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) together with the implementation of three sets of underpinning regulations on 6 April 2014. In effect, the rules governing the regulation of bailiffs were overhauled.
From 25 November 2018 to 17 February 2019, the Ministry of Justice (MoJ) held a call for evidence (PDF) to help inform its second post implementation review of the effectiveness of the 2014 reforms. On 14 December 2018, the Justice Committee began its own inquiry into how enforcement agents operate and the fees they charge. It published its report, Bailiffs: Enforcement of debt, on 11 April 2019.
On 13 December 2022, the government published its response to both the MOJ call for evidence and the Justice Committee’s report. The government made a commitment to introduce new measures to tighten the regulation of bailiffs in England and Wales when parliamentary time allows.
Neither the Labour manifesto (PDF) nor the King’s speech in July 2024, setting out the government’s inaugural legislative programme, included any specific references to reforming the regulation of enforcement agents. At the moment it is therefore unclear whether the government has any specific plans in this area.
This briefing describes the different types of enforcement agents operating in England and Wales and summarises their regulation. It also considers the government’s 2022 proposals for further reform. Finally, it answers some of the most commonly asked questions about the collection of debts by enforcement agents.
It is important to stress that if an enforcement agent (bailiff) has already notified a debtor of their intention to visit their home, the debtor should seek proper legal advice as a matter of urgency.