CM December 2023

HIGH COURT ENFORCEMENT OFFICERS ASSOCIATION
Accreditation,
accreditation, accreditation
A firm step towards improved collaboration between
the enforcement profession and the debt advice sector.
AUTHOR – Alan J. Smith FCICM
AS part of our pursuit of a just and fair
society, the legal system relies heavily
on the enforcement of writs. High
Court Enforcement Officers play a
pivotal role in ensuring that these
judgments are carried out efficiently
and ethically.
In a ground-breaking move toward enhancing
the oversight of enforcement in England and Wales,
the Enforcement Conduct Board (ECB) has taken
significant steps to introduce a comprehensive
accreditation scheme.
A register of accredited enforcement firms has
now been published on the ECB’s website for the first
time. It marks an important step for the ECB, which
was set up in 2022 to provide independent oversight
to the debt enforcement sector in England and Wales.
Accreditation for each firm lasts for a year, after
which it will need to be renewed.
Since the launch of the scheme in September 2023
there has been an excellent response from High Court
enforcement businesses, with the firms accredited
making up 97.5 percent of the market share of High
Court Writs of Control.
In order to become accredited, firms must comply
with the ECB’s accreditation framework, including
meeting the following criteria:
• Complying with the requirements of the current
Ministry of Justice National Standards
• Providing the ECB with Quarterly Data Returns
• Providing information to the ECB on request
• Payment of the ECB levy (which funds its operation)
in a timely fashion.
As a matter of course, our members already agree
to follow the National Standards and our own Code
of Best Practice when they become authorised. We
welcome the transparency that accreditation offers in
providing the ECB with copies of the Quarterly Data
Returns that High Court enforcement businesses
have already been submitting to the Ministry of
Justice, alongside any other information deemed
necessary to ensure accountability and good practice
are maintained.
The heart of the matter
At the core of this transformative initiative lies
the ECB and its partners’ dedication to ensuring
that enforcement officers continue to operate
within a framework of strict ethical guidelines and
professional competence. This move not only aligns
with the Association’s own Code of Best Practice,
but also echoes the sentiments of those who seek
justice and fairness. The announcement signifies the
initiation of the ECB’s aims to ensure that everyone
who experiences enforcement action is treated fairly.
Transparency and Credibility
One of the most commendable aspects of the ECB's
accreditation scheme is its emphasis on transparency.
The creation of an online register of accredited
firms, as outlined in the official ECB announcement,
promotes openness and accessibility. This online
repository will serve as a valuable resource for legal
professionals, litigants, and the general public,
providing them with easy access to information
about accredited civil and High Court enforcement
firms. Such transparency not only fosters trust but
also empowers individuals with knowledge, ensuring
they make informed decisions about the enforcement
services they seek.
The Road Ahead
The ECB has outlined its operational plan to develop
the accreditation scheme and evolve its activities
next year to include complaints handling, and active
monitoring of a new set of standards which it will
be developing in consultation with the debt advice
sector and the enforcement industry (including
HCEOA) over the next few months.
I know our members are very much looking
forward to seeing the results of this work, including a
standardised approach to dealing with vulnerability
and affordability. As we stand on the threshold
of independent oversight for the enforcement
profession, it is imperative that all stakeholders rally
behind the ECB's accreditation scheme. By working
together towards standardisation of guidelines and
processes, we are collectively endorsing a legal
system that prioritises fairness, transparency, and
ethical conduct. As the accreditation scheme unfolds
and more firms join the ranks of the accredited, we
can anticipate a positive transformation in the way
enforcement services are perceived.
The introduction of the ECB's accreditation scheme
is a cause for optimism. It signifies a firm step towards
improved collaboration between the enforcement
profession and debt advice sector. As members of the
legal community and as individuals who believe in
the power of fairness, we welcome the accreditation
scheme and are looking forward to working closely
with the ECB as it continues to develop its operations.
Alan J. Smith FCICM is Chairman
of the High Court Enforcement Officers Association.
Brave | Curious | Resilient / www.cicm.com / December 2023 / PAGE 17