Purpose and scope
This policy sets out how UK Bailiff Services Ltd (UK Bailiffs) identifies, assesses and responds to vulnerability and ability to pay in the course of enforcement work. It applies to all directors, employees, enforcement agents and operational contractors acting on UK Bailiffs instructions.
It covers debt enforcement under the Taking Control of Goods Regulations 2013 and related activity within the Enforcement Conduct Board (ECB) remit. Welfare considerations in property recovery, process serving and other work outside the taking-control-of-goods remit are addressed under our separate welfare and safety policies, with the principles in this policy applied where relevant.
This includes CRAR where applicable. This policy supplies no warrant, writ, right of entry or authority to vary a debt. It must be read alongside the law and the authority for the particular instruction.
This policy sets out the approach required for the ECB Standards on Vulnerability for Enforcement Firms FS11–FS28 and Enforcement Agents AS8–AS21, published in March 2026 for commencement in January 2027. ECB states that they will then be merged into its main standards. Until commencement, the relevant National Standards provisions identified in ECB v1.1 and our existing approved vulnerability arrangements continue to apply. This policy does not displace any current legal or accreditation requirement.
Fair enforcement objective
The objective of this policy is fair enforcement, with outcomes for vulnerable people that are no less fair than those for others. The requirements below guide the firm, agents and frontline staff in pursuing that objective.
This means:
- Identifying, as far as possible, when a person subject to enforcement is vulnerable, and then responding in a way that sufficiently mitigates the risk of that person experiencing foreseeable harm and avoids exacerbating their vulnerability.
- Taking steps to ensure that a person subject to enforcement is able to satisfy as much of their debt as is feasible in a way that is both sustainable and as efficient as possible, taking into account their individual circumstances.
Definitions
3.1 Vulnerability
A person subject to enforcement is vulnerable for the purposes of this policy where, due to their personal or financial circumstances, they are at increased risk of harm during the enforcement process.
Vulnerability may be temporary, permanent or fluctuating. The following drivers of vulnerability (which are not a finite list) can put someone at increased risk of harm:
- Health: physical and mental health conditions, serious or long-term illness, hearing or visual impairments, low mental capacity, cognitive impairments, addiction or neurological conditions.
- Life events: major life changes and emotional shocks with temporary or longer-lasting impacts such as bereavement, job loss, relationship breakdown, and individuals in specific or transient life circumstances.
- Capability: poor literacy or numeracy skills, low confidence or limited knowledge of financial matters and/or managing money, low digital literacy, and/or digital exclusion.
- Low financial resilience: low resilience to withstand financial shocks due to low or erratic income, over-indebtedness, and a lack of a support structure.
Harm includes adverse physical, psychological or financial effects of differing severity that arise during enforcement because of a person’s circumstances.
3.2 Ability to pay
A person subject to enforcement experiencing low financial resilience and/or other drivers of vulnerability may be unable to satisfy their debt in full immediately while still paying for their essential living costs. This may manifest as:
- Ability to pay in part only: the person is unable to satisfy the debt in its entirety immediately, but is able to make some payments towards the debt (with money and/or eligible assets) while still paying for essential living costs.
- No ability to pay: the person has no means of paying their debt at all (with money and/or eligible assets) in the foreseeable future while still paying for essential living costs.
Essential living costs are the day-to-day expenses needed to maintain an objectively sustainable standard of living and meet essential needs. Assessment includes relevant household commitments and dependants; it must not reduce affordability to a token amount left after payment.
3.3 Other terms
A person subject to enforcement is someone who owes money and against whom an enforcement firm or agent is taking recovery steps. For commercial instructions, the assessment must distinguish the business debtor from the individuals affected; vulnerability can arise for sole traders and people connected with a business. Frontline staff are people other than enforcement agents who work for or on behalf of the firm and engage with people subject to enforcement. UKB also applies relevant controls to staff making case decisions. Debt advice provider has the meaning used in the ECB standards, which refer to regulation 3 of the Debt Respite Scheme Regulations 2020, as amended.
Strategy, ownership and supporting arrangements
The Compliance Manager is the designated policy owner for day-to-day implementation, with overriding control and approval by Craig Whinray, Director. Implementation must include a documented strategy and supporting procedures suited to UKB’s business model. The approval record must identify the person holding each responsibility.
The strategy must address the types and prevalence of vulnerability likely to arise in UKB’s commercial and other enforcement instructions. It must be reviewed at least annually and after material changes in law, standards or operational experience.
In particular:
- Identify senior ownership and document how the requirements will be delivered.
- Assess remuneration, engagement arrangements, targets and performance measures for risks that could discourage compliance. Record the arrangements assessed, mitigation and review. This includes percentage-based income and agent payment arrangements where relevant to UKB’s work.
- Provide training, guidance and practical tools appropriate to each role, with completion and competence records.
- Record creditor payment parameters, what staff must do when a proposal falls outside them, and arrangements for returning a case that cannot safely proceed.
For instructions received through another enforcement firm, document who may agree payment terms, extend a compliance period, hold or return a case, and maintain the relevant records. Agents must raise concerns through both UKB and the instructing firm as appropriate. An immediate safety response must not wait for routine client approval. Decisions outside UKB’s authority must be referred promptly, with the concern and interim response recorded.
Identifying vulnerability
UK Bailiffs and those who work for it take reasonable and proactive steps at the earliest opportunity and throughout the enforcement process to identify and record whether, and in what way, a person subject to enforcement is vulnerable and how this affects their ability to engage with the process or satisfy their debt.
We will:
- Take reasonable steps to obtain information about personal or financial circumstances where reasonably accessible from creditors and other sources, to enable early identification.
- Ensure there are opportunities at each stage of the process for agents and frontline staff to identify whether personal or financial circumstances mean the person is vulnerable.
- Ensure all communications are developed and delivered in a way that enables the person to disclose any needs or circumstances which could indicate vulnerability and affect their ability to satisfy the debt.
- Ensure all disclosures and available evidence confirming or indicating vulnerability are appropriately evaluated and objectively assessed. Such disclosures or evidence must never be dismissed without appropriate evaluation and assessment, or be treated disrespectfully.
- Where additional information or evidence is required from a vulnerable person to decide how to respond, ensure the process is proportionate and not overly burdensome. Where appropriate, pause the enforcement process for a reasonable period to allow this to take place. We will not demand medical evidence automatically.
- Maintain an appropriate system to record any assessment of whether a person is vulnerable, how this affects their ability to engage or satisfy the debt, and the response taken. Records are kept up to date and retained for an appropriate period in line with our data protection and privacy policies.
- Share relevant vulnerability information with those agents and frontline staff dealing with the person and, where appropriate, with the creditor, in line with data protection requirements.
Responding to vulnerability
When we identify that a person subject to enforcement is vulnerable, we assess how to respond appropriately and put in place measures that sufficiently mitigate the risk of that person experiencing foreseeable harm during the enforcement process and, where possible, enable them to satisfy their debt on a sustainable basis in full or in part.
Steps may include (but are not limited to):
- Making adaptations to the enforcement process, such as providing additional support, placing the case on hold, or adapting communications to meet the person’s needs.
- In more complex cases or where a higher degree of support is needed, signposting or referring the person to sources of internal or external specialised support.
- Where there are indicators that it is not safe to proceed because there is no clear way to respond which sufficiently mitigates the risk of foreseeable harm because of their vulnerability and/or because they have no ability to pay, stopping pursuit of payment, suspending or ceasing the enforcement process, and returning the case to the creditor.
Throughout the process we take into account and regularly review the person’s personal and financial circumstances and their risk of experiencing harm. If support needs or the risk of harm change, we respond appropriately.
Ability to pay and sustainable arrangements
When it has been identified that a person has the ability to pay in part only, we seek to agree a sustainable payment plan and do not place that person under pressure to pay the debt in full or to agree a payment plan which is not sustainable.
We provide a reasonable extension to the minimum period of notice required before a case moves from the compliance stage to the enforcement stage in the following circumstances:
- Where there is sufficient evidence at the compliance stage that the person may have the ability to pay in part only, to enable frontline staff to seek to agree a sustainable payment plan acceptable to the creditor before an enforcement visit is conducted.
- Where a debt advice provider contacts us to request an extension to enable the person to receive debt advice and/or to agree a sustainable payment plan.
- Where the person expresses a desire to seek debt advice and provides evidence that they are pursuing this option.
The supporting procedure must enable frontline staff and agents to refer or signpost a person to an appropriate debt advice provider when their circumstances warrant this and they have not recently received advice.
When seeking to agree a sustainable payment plan we do so constructively, allowing sufficient time, and using any tools provided to help assess income and expenditure. We record any agreed plan together with a justification setting out why we are satisfied it is sustainable. Records are kept up to date and retained in line with our data protection policy.
At either the compliance or enforcement stage, refer proposals outside delegated payment authority to the responsible decision-maker. Where the person has completed an income and expenditure assessment with a debt advice provider, take it into account when setting terms and record how it informed the assessment (FS22 and FS25.3). Review plans when circumstances change and revise them where needed.
Where a vulnerable person misses a single payment, another enforcement visit must not take place until the firm has made a reasonable attempt to secure payment or, where appropriate, revise the plan so repayment can continue sustainably. Record the attempt and the decision before authorising another visit (FS24).
Third parties
During an enforcement visit, agents proactively look for any observable indicators that a third party who becomes actively involved is vulnerable. Disclosures or evidence that a third party is vulnerable must never be dismissed without appropriate evaluation and assessment, or be treated disrespectfully.
When a third party offers to pay all or some of the debt, agents identify any observable indicators that the third party is unable to make the payment while still paying for their essential living costs. We will not accept such an offer where there are observable indicators, or a disclosure, that the third party cannot do so.
Where a third party who has become actively involved is identified as vulnerable, agents use their judgement to respond appropriately in a way that sufficiently mitigates the risk of foreseeable harm. This may include adapting communication style, providing additional support, or signposting to specialised support. Where the vulnerability of the third party may have a material impact on how the process should be conducted in future, this is recorded and shared in line with firm policies.
If the third party’s vulnerability makes continuing the visit unsafe, the agent must withdraw and report the circumstances (AS19.2). For a business debtor, the ECB definition of third party excludes people who work for or have a connection to the business. Those people remain subject to the relevant welfare assessment and safeguards; the definition does not justify ignoring their circumstances.
Communication and accessibility
All communications with persons subject to enforcement (and relevant third parties) are developed and delivered in a way that supports disclosure of vulnerability and takes account of identified needs. Practical adjustments include plain language, alternative formats or channels, interpreters, additional time, and communication through authorised representatives where appropriate.
Agents and staff explain who we are, the purpose of the contact, and what happens next, in a manner the person can understand.
Training and competence
Implementation requires induction and refresher training for relevant staff and agents on this policy, the ECB standards and practical assessment, payment and escalation tools. The policy owner must maintain completion records and check understanding. Agents must undertake the training and use the guidance supplied by the firms for which they work.
Recording, monitoring and continuous improvement
Staff and agents must record vulnerability assessments, support decisions, payment arrangements, outcomes and relevant communications in the agreed case-record system. Records must support consistent future contact and follow the applicable privacy and retention requirements.
Where appropriate, link cases concerning the same vulnerable person for a reasonable period so they can be considered together (FS26). Record whether an adviser assessment was considered, the rationale for a plan agreed at attendance, and the outcome. Access and linking must remain proportionate and lawful.
The policy owner must arrange regular, proportionate audits of vulnerability records, support decisions, payment plans and outcomes. A suitably experienced reviewer must assess findings and ensure appropriate improvements are made. Agents must assist with these audits. Review frequency and selection must be documented and reflect risk.
Complaints, concerns and escalation
Concerns that vulnerability has been overlooked or handled inappropriately can be raised through our complaints procedure or confidential reporting route. Making a complaint will not result in less favourable treatment. Reasonable adjustments will be made to the complaints process where needed.
Immediate safety or safeguarding concerns are escalated promptly in accordance with our health and safety and welfare policies. Where required, cases are paused, withdrawn or referred.
Data protection
Record only the personal information needed for assessment, support, decisions and accountability. Not every vulnerability record is special-category data, but health information and other protected categories require the applicable additional conditions as well as a lawful basis. Criminal-offence information requires separate assessment under the relevant rules. Restrict access, explain relevant uses through appropriate privacy information and apply the documented retention schedule. Individual rights are handled under our privacy notice and data-protection procedures.
For information held or recorded during third-party instructions, establish controller or processor responsibilities and any relevant instructions before sharing. Requests from ECB are addressed promptly alongside those requirements. View-only access to identifiable BWV still involves processing personal information; this policy does not authorise unrestricted access to footage or replace a request-specific disclosure assessment.
Review and implementation
The policy owner must review this policy at least annually and after material changes in law, ECB standards, operational experience or complaint findings. Before commencement, management must approve the policy and confirm that procedures, templates, training, systems, creditor arrangements and audit responsibilities are ready. Retain the approval and implementation evidence separately from the public policy.
Related documents: Fair Treatment of Debtors Policy; Vulnerability and Welfare Statement; Health and Safety Policy; Privacy Notice; Complaints Procedure; Body-Worn Video Policies; Controlled Goods Agreements guidance.
