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 |
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.
