Bailiffs and vulnerable people
If you or someone you live with is vulnerable, bailiffs must treat you differently, and in some cases cannot charge their biggest fee. But they will only know if you tell them.
In short
- Vulnerability can be long-term, like a disability, or temporary, like a bereavement or a crisis.
- Bailiffs cannot take control of goods if the only people at home are children under 16 or vulnerable people.
- If you are vulnerable, the £247 enforcement fee cannot be recovered unless you were first given a proper chance to get advice.
- Tell the bailiff firm and your council in writing, with any evidence you have.
- Councils often take accounts back from bailiffs where someone is vulnerable.
What counts as vulnerable?
There is no single fixed list. Vulnerability means something about your circumstances makes you less able to deal with bailiffs, or more likely to be harmed by their actions. It can be long-term or temporary, for example:
- Age, whether older or very young
- Disability, including learning disabilities and sensory impairments
- Serious illness, including terminal illness
- Mental health conditions, including depression and anxiety
- Recent bereavement
- Pregnancy, or having recently given birth
- Caring for young children alone
- Difficulty reading or understanding English
- Domestic abuse, or a relationship breaking down
- Losing your job, or a sudden drop in income
The Enforcement Conduct Board’s standards expect accredited bailiff firms to recognise vulnerability, and to adapt what they do.
What bailiffs must do differently
They cannot take goods if only children or vulnerable people are present
A bailiff cannot take control of goods at your home if the only people there are children under 16, or vulnerable people. They should leave and deal with the case another way.
The enforcement fee may not be recoverable
If you are vulnerable, the £247 enforcement fee cannot be recovered from you unless you were first given an adequate opportunity to get assistance and advice. If you were not, and the fee has been added, ask for it to be removed. See bailiff fees explained.
They should pause and adapt
Accredited firms are expected to consider pausing enforcement, giving more time, referring you for advice, communicating in a way that works for you, or returning the case to your council.
How to tell them
Bailiffs cannot take your circumstances into account unless they know. Tell them as early as possible, in writing:
- Write to the bailiff firm and to your council at the same time.
- Explain the vulnerability and how it affects you, in plain words.
- Send any evidence you have, such as a letter from your GP, a benefit award letter, a hospital letter, or a letter from a support worker. Do not delay if you do not have it yet.
- Ask the council to take the account back from the bailiffs and agree an arrangement you can manage.
- Keep copies of everything.
If you find it hard to do this yourself, someone can do it for you, with your permission, such as a friend, relative, support worker, or us.
What your council can do
Councils are responsible for the bailiffs they use. Where someone is vulnerable, many councils:
- Take the account back from the bailiffs
- Agree an affordable arrangement instead
- Arrange deductions from wages or benefits, which add no enforcement fees
- Check whether discounts or exemptions apply, such as the severe mental impairment disregard for someone with dementia. See council tax and dementia
If a bailiff ignores it
If you told a bailiff firm about a vulnerability and it carried on regardless:
- Complain to the firm and to your council, in writing
- Then go to the Enforcement Conduct Board, which is free. See how to complain about a bailiff
- Ask for fees to be removed if the enforcement fee was charged without you being given a chance to get advice
If you are struggling to cope
If things feel overwhelming, you do not have to deal with this alone. The Samaritans are there free on 116 123, at any time, day or night.
Where are you with the bailiffs?
Choose the one that fits best and an adviser will call you back. Free, confidential, and no obligation.
- I have had a reminder or a final notice A letter from the council, but no court involvement yet
- I have had a court summons A hearing date at the magistrates court
- A liability order has been made The court has granted the council recovery powers
- Enforcement agents have contacted me A letter or a visit from a bailiff firm
- Money is being taken from my wages or benefits An attachment of earnings or a benefit deduction
- I am not sure, or something else
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