Protecting the vulnerable
by David Carter on 16 February 2010
In the course of our work at The Sheriffs Office, we often come into contact with potentially vulnerable debtors. The national standards for enforcement are quite clear in stating that enforcement agencies, their employees and creditors must ensure that the genuinely vulnerable and socially excluded are protected.
The standards insist that the enforcement agency and the creditor agree procedures for dealing with such situations. If in any doubt, the enforcement agent has a duty to contact the creditor of situations where there is cause for concern and advise the creditor what further action, if any, would be appropriate to that situation.
This is in the interest of all parties – the creditor, the enforcement agency, and, naturally, the vulnerable debtor.
Those who might be potentially vulnerable include:
- The elderlyPeople with a disability
- The seriously ill
- The recently bereaved
- Single parent families
- Pregnant women
- Unemployed people
- Those who have obvious difficulty in understanding, speaking or reading English
In the case of those who struggle with English, enforcement agents should be able to quickly access translation services and provide, on request, information in large print or in Braille for debtors with impaired sight.
One other key group of vulnerable people are children. Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18, although they can ask when the debtor will be home. And enforcement agents must withdraw without making any enquiries if the only persons present are children who appear to be under the age of 12.
We strongly endorse these standards and work closely with our clients to ensure that, jointly, we do all we can to protect the genuinely vulnerable.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
