Dealing with Bailiffs

Assault or Injury by a Bailiff: Legal Remedies and Redress

The legal prohibition on use of force against persons

Where a person has been assaulted or injured by a bailiff during the course of enforcement, the law provides a clear and enforceable framework for redress. It is settled law that a certificated enforcement agent has no lawful authority to use force against persons, save in the narrowest of circumstances which do not apply to debt enforcement. Paragraph 24(2) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 provides in express terms that a power to use force does not include power to use force against persons, except to the extent that regulations provide that it does. No such regulations have ever been made. This position was reinforced by the enactment of section 25(5) of the Crime and Courts Act 2013, which repealed the remaining vestiges of such power, following an incident in which a bailiff assaulted a debtor and the courts upheld the debtor’s right of self-defence. In that context, the law no longer permits the use of force against individuals in the execution of a warrant or liability order arising from civil debt.

Criminal liability for assault by a bailiff

Where a bailiff has laid hands upon a person without consent, or otherwise used violence, that conduct will amount to a criminal offence. Depending on the nature of the assault, the applicable offence may be one of common assault under section 39 of the Criminal Justice Act 1988, or a more serious offence under sections 20 or 47 of the Offences Against the Person Act 1861. Actual Bodily Harm under section 47 arises where the harm is more than transient or trifling, such as bruising or lasting pain. Section 20, which concerns the infliction of grievous bodily harm or wounding, may be charged in more serious cases. There is no lawful justification for such conduct by a bailiff, and the suggestion often made by officers of the Crown or local authorities that such incidents are civil matters is entirely without merit. It is important to note that section 24 of the Police and Criminal Evidence Act 1984 provides for the power of arrest where an offence has been committed, and where it is necessary to investigate or prevent further harm. In such circumstances, a report must be made to the police and pursued until a crime reference number is issued.

The need for immediate medical attention and evidence

It is equally important that medical attention is sought immediately following any such incident. Not only is this necessary for health reasons, but it creates contemporaneous evidence which will be crucial in any claim for damages. The claim may be brought against the bailiff personally, the enforcement company who employed him, and the creditor on whose behalf he was acting, depending on the facts. Paragraph 66(1)(a) of Schedule 12 provides that a person aggrieved by an enforcement agent’s use of enforcement powers may bring a claim for damages. This is not limited to physical injury but may include mental injury, shock, and exacerbation of pre-existing conditions. The Personal Injury Pre-Action Protocol governs such claims, and a claimant should seek legal advice at the earliest opportunity. Rule 3.1 of the Protocol makes clear that a claim may still succeed even where the conduct was unintentional, provided it caused injury.

Compensation through the criminal injuries compensation authority

In addition to civil proceedings, a person may apply to the Criminal Injuries Compensation Authority (CICA) for compensation. The CICA scheme does not require the assailant to have been prosecuted or convicted, but the claimant must have reported the matter to the police and cooperated fully with any investigation. In cases of psychological harm, a Money Advice Liaison Group (MALG) Evidence Form may be completed by a treating clinician to support the claim, particularly where symptoms are ongoing. This may be especially important in the case of children or other vulnerable persons, whose distress can give rise to significant and enduring harm.

Force under magistrates’ court warrants is limited to the police

The only limited circumstance in which force may be used in connection with civil enforcement is in relation to the execution of a warrant of arrest issued by a Magistrates’ Court under section 125 of the Magistrates’ Courts Act 1980. However, such warrants are executed by police officers, not by private bailiffs or enforcement agents. No other lawful basis exists for the use of physical coercion in the recovery of debt.

Gathering contemporaneous evidence and witness accounts

A person assaulted by a bailiff should begin by writing a contemporaneous statement in the first person, clearly recording the time, date, location, description of the bailiff and what transpired. Supporting evidence such as photographs of injuries, medical records, and names of any witnesses should be obtained. This record should include the name of the enforcement company and the creditor on whose behalf the bailiff was acting, as liability may attach to them. The report to the police should be made in writing where possible, and the individual should request and retain the crime reference number. The experience of many claimants is that police officers may be dismissive or unfamiliar with the law governing bailiff conduct, and thus persistence may be necessary to ensure proper investigation.

The civil claim and quantification of damages

Once a report has been made and medical evidence is gathered, a civil claim for damages can be initiated. Where serious or lasting injury has occurred, the level of damages may be substantial. In addition to general damages for pain, suffering, and loss of amenity, special damages may include costs of medical treatment, therapy, loss of earnings, and travel expenses. In appropriate cases, aggravated or exemplary damages may also be awarded, particularly where the conduct of the bailiff was oppressive or in flagrant disregard of the claimant’s rights.

Professional assistance with your claim

If assistance is needed in preparing a formal statement of truth, outlining the legal principles breached and framing the case in accordance with the relevant law, professional help should be sought. A properly drawn witness statement and skeleton argument will help ensure that the court fully understands the nature of the abuse suffered and the applicable legal framework. The Schedule 12 procedure does not grant immunity to bailiffs, and the public are entitled to expect that enforcement agents operate within lawful bounds.

Act promptly and preserve your legal position

Those affected should act promptly. Limitation periods apply in personal injury claims, usually three years from the date of injury, though shorter periods may apply in claims to CICA. Failure to report the matter or to gather evidence promptly may severely prejudice the claim. In short, no individual should accept physical harm or intimidation at the hands of a bailiff. The law offers protection, remedies, and a clear route to redress. It is incumbent upon all practitioners and claimants alike to assert these rights with firmness and precision.