Collaboration and Setting Standards for the enforcement profession
High Court Enforcement Officers Association
The High Court Enforcement Officers Association represents and supports its Members as a voice for our profession.
The Enforcement Conduct Board (ECB) has been making significant strides in providing independent oversight to the enforcement profession in England and Wales. The collaboration between the enforcement profession and debt advice sector on a joint stakeholder advisory group has been integral to the ECB’s work so far.
The ECB is seeking some targeted statutory powers could help them to make swifter progress in achieving their mission and they will be asking the Government to provide them with these targeted powers when it carries out its review later this year. ?
As the association representing High Court Enforcement Officers, the HCEOA has been working with the ECB for some time, providing insight into the mechanics of High Court enforcement and the impacts the current system has on creditors and debtors alike.
Funding the Enforcement Conduct Board
The work of the ECB is funded by a voluntary industry levy from enforcement businesses. So far, two rounds of completed levy funding have generated over ￡1.5 million to fund the ECB’s work Encouragingly, the large majority of High Court enforcement businesses have recognised the ECB’s importance in maintaining integrity within the profession and have committed to supporting it through the voluntary levy.
?Accreditation for enforcement firms
In September 2023, the ECB launched its accreditation scheme. Since the launch of the scheme the response from High Court enforcement businesses has been overwhelmingly positive, with the?firms accredited making up?97.5%?of the market share of High Court Writs of Control.
In order to become accredited, firms must comply with the ECB’s accreditation framework and meet the year one criteria which includes:
?When accreditation renews in Autumn, the criteria will evolve.
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?We welcome the transparency accreditation offers in providing the ECB with enhanced copies of the Data Returns that High Court enforcement businesses have already been submitting to the Ministry of Justice, alongside any other information deemed necessary to ensure accountability and good practice are maintained.
Setting Standards
These collaborative efforts are now starting to extend to the development of new standards for enforcement agents, building on the current National Standards. Working closely with the ECB and the debt advice sector, the Association and its members are actively involved in this work. The proposed standards aim to foster consistency and accountability across the profession with sanctions for non-compliance.
As a matter of course, our members already follow the National Standards and our own Code of Best Practice when they become authorised.
Independent oversight for complaints
The profession’s complaint handling processes are also undergoing reform. The ECB plans to review the current complaints process. At present, complaints about enforcement agents are handled by the enforcement business they work for through their own internal process. Complaints against a High Court Enforcement Officer can be escalated to the HCEOA if there is not a satisfactory conclusion.
Looking ahead, the Association is anticipating playing a full part in forthcoming consultations on the application of new standards and complaints processes. It is imperative that all stakeholders actively engage in these discussions, ensuring that diverse perspectives are considered and that the standards reflect the needs of both creditors and debtors.
Collaboration and setting standards are integral to the evolution of High Court enforcement. The strides made by the ECB and the proactive engagement of enforcement professionals, and the debt advice sector, underscore a collective commitment to fairness, transparency, and professionalism in the pursuit of justice.
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