Tory warning over new bailiff powers

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Wednesday, March 04, 2009
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This is Bristol

Town hall bailiffs will soon have "vicious" new powers to smash down the doors of people who owe parking fines or council tax, the Tories have warned.

The claim came as they released figures showing councils called bailiffs in more than 40,000 times across the West last year.

The party says there is already growing concern about bullying bailiffs, citing one case that led to a man's death, and another where bunglers changed the locks of the wrong house.

Shadow Housing Minister Grant Shapps says worse is to come, as the Government is giving bailiffs new powers during the recession.

He says they are to be allowed to break down people's doors under a new power of forced entry to collect civil debts, such as parking tickets, council tax and congestion charge fees.

At the moment they can only enter a home if they are invited in, or if a door or window is left open, but the new rules will come into effect later this year.

The statistics show just how much the tough new regulations could be used, as town halls sent bailiffs out to collect council tax debts 1.3 million times last year, and business rates on 100,000 occasions. This included more than 40,000 council tax cases in the West, including 10,804 in Bristol, 5,700 in North Somerset, 5,364 in Swindon, 3,582 in South Gloucestershire and 2,801 in Bath & North East Somerset. Bailiffs went out to collect business rates more than 3,000 times, including 1,209 in Bristol, 278 in South Gloucestershire and 260 in North Somerset.

Mr Shapps said the law would allow bailiffs to use "reasonable force to enter premises, and if the householder was out they could break in as long as they left the premises effectively secured".

Guidance on the use of forced entry powers notes it counts as "reasonable" to "break open the door, but probably not to smash a hole in the wall".

It continues: "If the person attempts to shut the door, it may be reasonable to put your foot in the door."

Justification for forced entry includes believing the offender is in due to movement of a curtain or hearing a TV or radio, or even if a neighbour says the suspect is home.

And bailiffs are allowed to use handcuffs to detain a resident if they feel at risk, "such as if a homeowner tries to defend their home and family as their door is smashed open", Mr Shapps said.

He added: "People must take personal responsibility for their debts and councils have a duty to collect council tax – but these laws pass the boundary of what is acceptable in a civilised society. This is state-sponsored home invasion and intimidation. The fact Gordon Brown is passing these laws speaks volumes about his lack of sympathy for struggling families.

"I fear innocent, hard-working families and pensioners face having their door smashing down by bailiff thugs because of an unpaid parking ticket, or if they are struggling to pay bills during the recession. These vicious powers for bailiffs will take state intrusion to an unprecedented new level and wipe out hundreds of years of common law rights and liberties."

No one from the Ministry of Justice responded to the Western Daily Press.

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4 Comments

  • Profile image for This is Bristol

    by Fred, Cheshire

    Friday, March 06 2009, 10:02AM

    “Surely it's common sense- if you have the money, you should pay your taxes, that's the law. Simple as that.

    If you haven't go the money, instead of burying your head in the sand, there are systmes in place to help.

    Just pick up a phone an ring someone at the town hall- simple as that!”

  • Profile image for This is Bristol

    by Steve, London

    Thursday, March 05 2009, 12:31PM

    “Bailiffs are an essential tool in recovering outstanding arrears from those who can pay but decide not to. As for those who are unable to pay, they should contact the creditor and explain there situation, with communication they will be able to avoid such actions and costs. They only have themselves to blame if there is a knock at the door! I know as I just had one.”

  • Profile image for This is Bristol

    by Anon, Bristol

    Thursday, March 05 2009, 11:24AM

    “This is a terrible thing!!!!!!!!”

  • Profile image for This is Bristol

    by SomeoneElse, somewhere

    Thursday, March 05 2009, 9:11AM

    “Bailiffs may have been sent to 1.3 million properties last year, but they will only have been able to collect 25% of these debts. The other 75% will have failed to respond to the bailiff, refused to pay or moved address.

    The reason for the increased powers is because without them these debts will never get paid (or cleared through removal of goods).

    When publishing this story, why did you not include how many removals took place last year. I think you will find there were very few.

    These proposed powers do not mean that bailiffs are immediately going to to start breaking into every house they attend, but it will make people think twice before refusing to pay or trying to dodge the system.”

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