As part of the Enforcement Conduct Board’s (ECB) commitment to ensure everyone subject to enforcement action is treated fairly, it is producing a new set of standards for enforcement agents and enforcement agencies. This is so enforcement agents and people subject to enforcement action know what fair enforcement means in practice.
The laws that explain what Enforcement Agents (EA’s) are allowed to do when enforcing a debt are set out in the Taking Control of Goods regulations. However, they do not dictate how enforcement agents should act when doing their job. To address this, in 2014 the Ministry of Justice (MoJ) introduced non-binding National Standards that set some expectations about how enforcement agents should behave.
The National Standards cover some important areas. However, ECB thinks they need updating and improving to make sure they:
-cover important issues like vulnerability and affordability;
-reflect best practice in modern day enforcement (e.g. the use of body worn video cameras); and
-cover the actions of enforcement firms as well as individual agents.
It is for this reason that ECB is working with the enforcement industry, debt advice sector and MoJ to develop its own new standards for enforcement agents due to launch in Autumn 2024, clearly setting out its expectations for individual agents and agencies in the enforcement sector. Meeting these standards will be a condition of ECB’s accreditation scheme. If a firm is found to not be following the standards, then ECB will have the option to remove their accreditation.
The aim of the new standards is to generate sustainable improvements to the enforcement sector, by incorporating existing good practice and setting clear expectations to ensure that there is a high standard of performance across the whole sector.
For agents the standards will build upon the existing National Standards and give clear guidance on what is expected of individual enforcement agents. For enforcement firms they will set clear expectations of the necessary outcomes and actions, while allowing room for innovation and adaptation.
ECB won’t be introducing any new standards for creditors in the first instance. However, as it recognises the key role creditors play in the enforcement process, it will continue to engage with them with a view to consulting on relevant standards in 2025/26. In the meantime, the existing standards for creditors will continue to apply.
The consultation on these new standards for the enforcement industry is now live. The deadline for responses is 5pm 13th September 2024. Find out more here.