Government Business

The Enforcement Services Association (ESA) was first established in 1906 as the Certificated Bailiffs Association of England and Wales. Its purpose was, and continues to be, to provide a central organisation for certificated bailiffs and civilian enforcement agents, and to encourage ethical and professional conduct.
    
The association has two differing but complementary functions. The first is to provide a representative body for the enforcement profession and, in particular, its members. This helps to ensure that the views of enforcement professionals are heard in government and elsewhere so that decision makers are fully informed on the issues concerning enforcement.
    
The second function is to maintain and improve standards within the profession. The ESA has always been at the forefront of the campaign for higher standards as evidenced by its prominent role during the passage through Parliament of what became the Tribunals Courts and Enforcement Act 2007.

Member approval
Becoming a member of the Association is far from being a formality or a ‘rubber stamp’ application. Applicants are required to complete a detailed application form, pass an examination, provide references and have their applications considered by the ESA governing body, the Executive Council. Approval is by no means assured and the Council will refuse admittance to any organisation or individual who, in its opinion, does not meet the standards required. In line with its stated aims it is keen to assist those who are striving to reach the required standards and will do all it can to provide encouragement to those who are new to the profession.
    
As the professional representative body for the bailiff profession the ESA has played an increasingly prominent role in the long-running debate on enforcement, going back to before the publication of the government’s Green Paper ‘Towards Effective Enforcement’ in 2001. It was one of the major supporters of the National Standards for Enforcement Agents launched by Baroness Scotland at its Annual General Meeting in 2002.  
    
The Association’s members, as well as those with whom they work, have ample opportunity to express their views on the various aspects of enforcement. These help to feed into our discussions with the Ministry of Justice and others. It is clear that the government trusts the ESA and is prepared to listen to what it says. By making sure that members’ voices are heard through the ESA they can gain a much wider audience for their views. The strong collective voice also helps to overcome the prejudice and stereotyped views of bailiffs as frequently portrayed in some sections of the media.
    
With the privileges of membership also comes responsibility. The association has a Code of Practice to which all its members must adhere. Members who breach the Code may find themselves subject to the association’s disciplinary and complaints procedure, which may ultimately lead to expulsion from the association.

Credibility
In spite of all these requirements the ESA continues to receive a steady stream of enquiries from those seeking membership. The reason is simply one of credibility.
    
People wishing to become certificated bailiffs must make an application to their local County Court. The application culminates in an interview with a judge who must be satisfied that the applicant is a ‘fit and proper person’ to be granted a certificate. This includes demonstrating knowledge of the law and practice of distress. The statutory rules, which set out the procedure for applying for a certificate (the Distress for Rent Rules 1988), make specific reference to the passing of the association’s examination as being proof of such knowledge. In addition, when dealing with references in support of the application, the rules specifically allow for a reference from an ‘authorised officer’ of the association.
    
The credibility given to the ESA and to its status as a membership and professional organisation is evidenced by the fact that many local authorities, when issuing tenders for bailiff services, insist on membership of the association as one of the requirements.
    
The Tribunals Courts and Enforcement Act 2007 sets out the basis for an enhanced certification process for certificated bailiffs. It contains provision for the creation of statutory regulations formalising the procedures for becoming a bailiff and establishing a code of conduct by which all certificated bailiffs (to be known as enforcement agents) will need to comply.  

Education provision
Education will play a central role in the new system. The ESA has always appreciated the importance of education, as evidenced by the requirement that all its members must pass an examination. It will continue to develop its education provision as the new regulations come into force, not only for those new to the profession, but also for those with more experience through continuous professional development.  
    
The ESA played a central role during the passage of the Bill through Parliament, holding meetings with ministers and officials to ensure the enforcement profession’s voice was heard. After some delay the Ministry of Justice is now commencing work on creating the regulations, beginning with the issue of fees.
    
Bailiffs obtain their income from the fees they charge for the work they do. These fees are payable by the debtors and are added on to the original debt. Due to the fact that bailiff work has evolved over many years the fees have developed piecemeal with the result that they are confusing, not only to the general public, but the profession itself. One of the first tasks facing government is to try and develop a simple, clear, transparent fee system, which will enable everyone to fully understand what is being charged and the reasons for it. The ESA will be working with the Ministry of Justice to ensure that the final outcome meets the needs of all those involved in enforcement and creates a fair system for everyone.
    
In parallel with the regulations, government is looking to set up a regulatory body that will ultimately take over the regulation of enforcement agents from the courts. Although in its very early stages government has indicated that it favours extending the remit of the Security Industry Authority (SIA) to become the licensing body for the enforcement profession. The ESA, along with many others, has previously expressed concerns over the suitability of the SIA to carry out this work based, in part, on the experiences of the security industry in obtaining licenses. Nevertheless, should government decide to press ahead with this proposal, the ESA will be more than ready to offer help and assistance to ensure that whatever organisation is finally created it is ‘fit for purpose’.
    
In addition to its work on the future of enforcement, the ESA is involved in many other organisations and discussions on areas of work that touch upon, but are not necessarily central to, enforcement. It is an active member of the Civil Court Users Association, the Money Advice Liaison Group and the Enforcement Law Reform Group. These organisations encompass a wide spectrum of opinion, not only within enforcement, but also credit management, the courts and the advice sector. By taking part in the debates within these organisations the ESA is able to spread its influence further and ensure that it contributes to decisions that, whilst perhaps not of immediate concern to the enforcement profession, could have a knock-on effect in the future.
    
The association has been invited to contribute to consultation exercises by many government departments including the Department of Transport and Communities and Local Government. In addition, the ESA is also asked to contribute to consultations carried out by organisations outside of government. For example, the Royal College of Psychiatrists, working in partnership with the Money Advice Trust, recently asked the association for its views on a research project into debt and mental health.
    
As the Tribunals Courts and Enforcement Act 2007 leads the enforcement profession into an era of change, the ESA has placed itself firmly in the vanguard of those seeking to ensure, not only that the Act is not allowed to quietly wither on the vine, but that the new enforcement profession which comes about as a result of its provisions is able to meet the challenges ahead.

The ESA celebrated its centenary in 2006. It has entered its second century with an air of anticipation and confidence in the future.

For more information
Please visit www.ensas.org.uk