Dealing with Bailiffs

Are Councils Responsible for the Actions of Bailiffs? Yes—And Here’s Why

Under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, a local authority that instructs bailiffs remains the primary creditor. They are legally accountable for the actions of the enforcement company acting on their behalf.

This principle is well established: creditors may not outsource liability by instructing bailiffs, particularly where enforcement is defective, disproportionate, or unlawful. Councils are expected to oversee enforcement agents and ensure they comply with statutory duties and safeguards.

This position was reinforced in the landmark case of Burton v The Ministry of Justice [2024] EWCA Civ 681, where the High Court confirmed that creditors are vicariously liable for the actions of enforcement agents they instruct, even where they claim to have had no knowledge of the agent’s conduct. The court held that enforcement agents act on behalf of the creditor and under their authority, and any unlawful conduct—such as excessive force, failure to comply with statutory requirements, or wrongful interference with goods—gives rise to a claim directly against the instructing creditor. This case affirms that public bodies and private creditors alike cannot evade liability by distancing themselves from the agents they appoint.

Key Legal Duty: Paragraph 7 of Schedule 12

Paragraph 7 of Schedule 12 requires bailiffs to serve a proper Notice of Enforcement. If this is not correctly issued, the enforcement becomes unlawful, and the council is liable for any resulting loss or damage.

Unlawful Enforcement Examples That Trigger Council Liability

1. Clamping or Removing a Hire Purchase Vehicle

Vehicles under finance belong to the lender, not the debtor. Enforcement breaches Paragraph 10 of Schedule 12. Councils ignoring finance evidence can face injunctions and damages.

2. Entering Without Prior Notice

Bailiffs must issue notice and obtain peaceful entry. Forcing entry without authority makes both the agent and council liable for trespass.

3. Charging Unlawful or Excessive Fees

If bailiffs apply incorrect fees or issue multiple enforcement charges unlawfully, the council is responsible for refunding those charges.

4. Targeting Vulnerable Debtors

Enforcing against individuals with known vulnerabilities breaches the Taking Control of Goods: National Standards 2014. Councils have a duty to identify and protect such individuals.

What the Courts Say – Councils Cannot Shift Blame

Case law confirms that instructing creditors remain liable for their agents’ unlawful actions.

In Brackenridge v Network Rail Infrastructure Ltd [2006] EWCA Civ 1244, the Court of Appeal ruled that a claimant may sue the instructing party for wrongful interference with goods—even where the actual removal was carried out by a third party.

In Kaki v National Private Air Transport Services Ltd [2021] EWCA Civ 1725, it was confirmed that a third party may claim damages under the Torts (Interference with Goods) Act 1977 against the creditor instructing the unlawful action.

The judgment in Burton v Ministry of Justice [2016] EWHC 29 (QB) now serves as a definitive authority that liability for bailiff wrongdoing rests with the creditor who instructed the enforcement. This principle applies to all enforcement scenarios, including unlawful entry, clamping exempt vehicles, or taking control of goods not belonging to the debtor.

What to Do If You’re a Victim of Unlawful Enforcement

If your vehicle was wrongly clamped, your home entered unlawfully, or you were charged excessive fees, you may be entitled to:

1. The return of goods or immediate release of the vehicle
2. A refund of unlawful charges and fees
3. Damages for loss of income, stress, or inconvenience
4. Legal costs and interest

Start by sending the council a formal Letter of Claim setting out the breaches and your remedy. If they do not resolve the issue, you may:

• Apply for an injunction to stop further enforcement
• Issue a claim under CPR 85 or the Torts Act 1977
• Seek compensation for financial loss and damages

Why Councils Should Take Complaints Seriously

A council that ignores complaints about unlawful enforcement risks more than reputational harm. They may be ordered to pay damages, refund payments, and cover legal costs. Councils that proactively review enforcement procedures can avoid these outcomes—and protect public trust.

Need Help? Contact Jason Bennison at National Bailiff Advice

If you’ve been the victim of unlawful enforcement, contact National Bailiff Advice today. Jason Bennison is a leading expert in bailiff law, third-party claims, and council liability. He has helped thousands challenge unlawful enforcement and secure full compensation.

Don’t let unlawful enforcement go unchallenged. Get the expert help you need today.

When a council lets bailiffs break the law, they become the ones who must answer for it.