Code of Practice
Sherforce as High Court Enforcement Officers abide by the National Standards
for Enforcement Officers which were published by the Lord Chancellor’s Department
in 2002.
The purpose of these standards was to ensure all enforcement officers build on existing
good practice and thereby raise the level of professionalism across the enforcement
industry.
Sherforce takes a pride in adhering to these standards as exemplars of how enforcement
services should be carried out in a responsible and balanced approach between the
competing interests of creditor and debtor, or between claimant and defendant.
The Professionalism and Conduct of A High Court Enforcement Officer
Sherforce will always produce their ID badge without being asked to do so as it
is part of their procedure for introducing themselves to the debtor once they have
confirmed they are speaking to the correct person.
Sherforce Enforcement Officers carry an exact copy of the Writ which carries the
authority of the High Court. The original document is stored in Sherforce’s offices
and is not allowed to be sent out with the Officer in case it is lost or damaged.
A copy of the sealed Writ can be made available upon request.
Sherforce Enforcement Officers are people who have been delegated to act in the
name of the Authorised High Court Enforcement Officer. The Authorised HCEO remains
personally liable for all acts carried out by the delegated officer in his or her
name.
As such all Officers working within the Sherforce brand carry out strict procedures
to ensure they act within the law at all times, including complying with legislation
and observing all health and safety requirements in carrying out the enforcement
of the Writ. They must maintain strict client confidentiality and comply with Data
Protection legislation.
Sherforce will for the purpose of executing any Writ delivered to them, look to
gain access to the debtor’s goods without using unlawful force.
Sherforce Enforcement Officers will produce an inventory of the goods seized and
leave it with the debtor, or at the premises, with any other documents that are
required by regulations or statute to leave at the address on the Writ.
Sherforce Enforcement Officers will carry out their duties in a professional, calm
and dignified manner. As part of their training and audit requirements they will
be dressed smartly and will act with discretion and fairness at all times.
Sherforce Enforcement Officers are trained not to misrepresent their powers, qualifications,
capacities, experience or abilities.
Sherforce Enforcement Officers are trained not to discriminate unfairly on any grounds
including those of age, disability, ethnicity, gender, race, religion or sexual
orientation.
In circumstances where it is required, the Authorised High Court Enforcement Officer
will carry out a risk assessment of any enforcement situation where there has been
any previous acts of, or threats of violence by a debtor.
Statutory or Financial Requirements for High Court Enforcement Officers
Sherforce ensures that it has its accounts audited and available on request. An
annual audit by independent accountants is undertaken at least once a year and Sherforce
Authorised High Court Enforcement Officers self-report to the Lord Chancellor that
this has been done each year on the anniversary of their appointment.
A separate account for monies due to the creditor is maintained and accurate books
and accounts are kept and made available to establish monies owed to the creditor.
Sherforce keeps a complete record of all financial transactions in whatever capacity
undertaken.
Sherforce Authorised High Court Enforcement Officers comply with all necessary statutory
obligations, for example, the Companies Act, Value Added Tax, Inland Revenue provisions,
Data Protection, Health & Safety etc.
Sherforce maintains suitable and comprehensive insurance cover for both professional
indemnity and other risks including employer's liability and public liability. Insurance
requirements are actively re-visited each year to ensure adequate and appropriate
arrangements are in place.
Training and Certification
The Authorised High Court Enforcement Officers working within the Sherforce brand
ensure that all agents, employees and contractors are provided with appropriate
training to ensure that they understand and are able to act, at all times, within
the bounds of the relevant legislation. Officers are accompanied on routine training
and audit field inspections to ensure that the work carried out is compliant.
In addition, all support functions for Sherforce are carried out to ISO9001 standards.
Sherforce also has a duty to ensure that all employees, contractors and agents act
within the scope of current legislation, i.e. The Companies Act, VAT, Inland Revenue
provisions, Data Protection, Health and Safety etc, and have an appropriate knowledge
and understanding of it and be aware of any statutory obligations and provide relevant
training.
Sherforce Enforcement Officers are trained to recognise and avoid potentially hazardous
and aggressive situations and to withdraw when in doubt about their own or others'
safety.
Complaints/Discipline
Sherforce Enforcement Officers and their support teams operate with a strict complaints
and disciplinary code with which all officers are fully conversant and ongoing training
is given.
Our complaints procedure is set out in Plain English, and we have a Complaints Officer
who is an Authorised High Court Enforcement Officer. That person is
Christopher Badger
He will ensure that any complaint is handled correctly and he can be contacted on
0845 890 9200 or by email at c-badger@sherforce.net.
Information and confidentiality
All notices, correspondence and documentation issued by Sherforce are designed to
be clear and unambiguous.
On returning any un-executed Writs, the High Court Enforcement Officer will report
the outcome to the creditor and provide further appropriate information, where this
is requested and paid for by the creditor.
All information obtained during the administration and enforcement of Writs will
be treated as confidential.
Sherforce will provide clear and prompt information to debtors and where appropriate,
creditors.
Sherforce Enforcement Officers will, so far as it is practical, avoid disclosing
the purpose of their visit to anyone other than the debtor. Where the debtor is
not seen, the relevant documents will be left at the address in a sealed envelope
addressed to the debtor.
Sherforce Enforcement Officers will on each and every occasion when a visit is made
to a debtor's property which incurs a fee for the debtor, leave a notice detailing
the fees charged to date, including the one for that visit, and the fees which will
be incurred if further action becomes necessary. If a written request is made an
itemised account of fees will be provided.
Sherforce will clearly explain and give in writing, the consequences of the seizure
of a debtor's goods and ensure that debtors are aware of the additional charges
that will be incurred.
Times and Hours
Enforcement of High Court Writs will not be undertaken on Sundays, on Good Friday
or on Christmas Day, unless the court specifically orders otherwise or in situations
where legislation permits it.
Generally Sherforce will operate between the recommended hours of 6.00am and 9.00pm
but this can be extended during trading hours particularly in relation to public
houses, restaurants and night clubs.
Sherforce is respectful of the religion and culture of others at all times. They
are aware of the dates for religious festivals and carefully consider the appropriateness
of undertaking enforcement on any day of religious or cultural observance or during
any major religious or cultural festival.
Goods
Sherforce will take goods in accordance with the appropriate regulations or statute.
Sherforce will ensure that goods are handled with reasonable care so that they do
not suffer any damage whilst in Sherforce’s possession and will have insurance in
place for goods in transit so that if damage occurs this is covered by Sherforce’s
insurance policy.
Sherforce Enforcement Officers will not remove anything clearly identifiable as
an item belonging to, or for the exclusive use of a child.
A receipt for the goods removed will be given to the debtor or left at the premises.
Sherforce Enforcement Officers will take all reasonable steps to satisfy themselves
that the value of the goods impounded in satisfaction of the judgment is proportional
to the value of the debt and charges owed.
Vulnerable Situations
Sherforce Enforcement Officers recognise that they have a role in ensuring that
the vulnerable and socially excluded are protected and that the recovery process.
The appropriate use of discretion is core to how a Sherforce Enforcement Officer
will approach any given situation and will use his or her experience to handle members
of the public with due care and consideration.
Sherforce Enforcement Officers will contact the creditor and report the circumstances
in situations where there is potential cause for concern. If necessary, the Sherforce
Enforcement Officer will advise the creditor if further action is appropriate.
The exercise of appropriate discretion is needed, not only to protect the debtor,
but also our Officer who has been trained to avoid taking action which could lead
to accusations of inappropriate behaviour.
Sherforce Enforcement Officers must withdraw from domestic premises if the only
person present is, or appears to be, under the age of 18; they will ask when the
debtor will be home where if appropriate.
Sherforce Enforcement Officers will withdraw from making enquiries at any address
if the only persons present are children who appear to be under the age of 12.
Wherever possible, Sherforce Enforcement Officers will have arrangements in place
for rapidly accessing translation services when these are needed, and provide on
request information in large print or in Braille for debtors with impaired sight.
Although not exhaustive Sherforce recognise the following groups as being potentially
vulnerable and will act accordingly:
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the elderly;
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people with a disability;
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the seriously ill;
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the recently bereaved;
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single parent families;
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pregnant women;
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unemployed people; and
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those who have obvious difficulty in understanding, speaking or reading English;
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people who suffer from mental health issues
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Creditor's Responsibilities
In order for the enforcement process to work effectively, we encourage judgment
creditors to be fully aware of their own responsibilities.
Creditors should notify Sherforce of all payments received and other contacts with
the debtor.
Creditors have a responsibility to tell the debtor that if payment is not made within
a specified period of time, action may be taken to enforce payment.
Creditors should not request the suspension of a Writ or make direct payment arrangements
with debtors without appropriate notification and payment of fees due to Sherforce.
Creditors should not issue a Writ knowing that the debtor is not at the address,
as a means of tracing the debtor at no cost although it is appreciated this is done
– but as a result the likelihood of achieving a satisfactory outcome is limited.
Creditors should provide a contact point at appropriate times to enable the Sherforce
Team to make essential queries particularly where they have cause for concern.
