Credit Management April 2024 issue

ENFORCEMENT
SETTING A
NEW PATH
The Enforcement Conduct Board is playing a pivotal
role in shaping the future of the enforcement profession.
BY ALAN J. SMITH FCICM
THE Enforcement Conduct Board (ECB) has
been making significant strides in providing
independent oversight to the enforcement
profession in England and Wales. The
collaboration between the enforcement
profession and debt advice sector on a joint
stakeholder advisory group has been integral
to the ECB’s work so far.
The ECB is seeking some targeted statutory powers that could
help them to make swifter progress in achieving their mission
and they will be asking the Government to provide them
with these targeted powers when it carries out its review later
this year.
As the association representing High Court Enforcement
Officers, the HCEOA has been working with the ECB for
some time, providing insight into the mechanics of High
Court enforcement and the impacts the current system has on
creditors and debtors alike.
Funding the Conduct Board
The work of the ECB is funded by a voluntary industry levy
from enforcement businesses. So far, two rounds of completed
levy funding have generated over £1.5 million to fund the
ECB’s work Encouragingly, the large majority of High Court
enforcement businesses have recognised the ECB’s importance
in maintaining integrity within the profession and have
committed to supporting it through the voluntary levy.
Accreditation scheme
In September 2023, the ECB launched its accreditation scheme.
Since the launch of the scheme the response from High Court
enforcement businesses has been overwhelmingly positive, 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 and meet the year one criteria
which includes:
• Complying with the requirements of the current Ministry of
Justice National Standards
• Providing the ECB with Data Returns
• Providing information to the ECB on request
• Payment of the ECB levy in a timely fashion.
When accreditation renews in Autumn, the criteria will
evolve. We welcome the transparency accreditation offers in
providing the ECB with enhanced copies of the 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 is
maintained.
Setting Standards
These collaborative efforts are now starting to extend to the
development of new standards for enforcement agents, building
on the current National Standards. Working closely with the
ECB and the debt advice sector, the Association and its members
are actively involved in this work. The proposed standards aim
to foster consistency and accountability across the profession
with sanctions for non-compliance. As a matter of course, our
members already follow the National Standards and our own
Code of Best Practice when they become authorised.
Independent oversight
The profession’s complaint handling processes are also
undergoing reform. The ECB plans to review the current
complaints process. At present, complaints about enforcement
agents are handled by the enforcement business they work for
through their own internal process. Complaints against a High
Court Enforcement Officer can be escalated to the HCEOA if
there is not a satisfactory conclusion.
Looking ahead, the Association is anticipating playing a full
part in forthcoming consultations on the application of new
standards and complaints processes. It is imperative that all
stakeholders actively engage in these discussions. The strides
made by the ECB and the proactive engagement of enforcement
professionals, and the debt advice sector, underscore a collective
commitment to fairness, transparency, and professionalism in
the pursuit of justice.
Author: Alan J. Smith FCICM is Chair of the High Court
Enforcement Officers Association (HCEOA)
Brave | Curious | Resilient / www.cicm.com / April 2024 / PAGE 33