Enforcement Conduct Board - Independent oversight

Although enforcement agents are not formally regulated, this year will see a landmark moment in the long history of the enforcement sector with the launch of the Enforcement Conduct Board (ECB).

The ECB is the culmination of a ground-breaking partnership between the enforcement industry and debt advice sector, which worked together with the Centre for Social Justice on plans for independent industry oversight body.

In May 2021, a report was published by the Centre for Social Justice called Taking Control for Good, see below. The report included a framework document for an industry-funded, independent supervisory body for enforcement agents. The document was the result of five months of intensive debate and negotiation, which demonstrates the collaborative and progressive approach taken by industry players to address the concerns of stakeholders and increase the transparency of the industry.

In July 2022 a newly appointed Chair launched the Enforcement Conduct Board.

Following the pandemic, the government is dealing with delayed policy decisions on civil enforcement and regulation. The Justice Select Committee inquiry into bailiff regulation reported in April 2019 and the Ministry of Justice responded to its recommendations in December 2022.

The ECB is a proactive response that addresses the concerns raised by these inquiries.

The Enforcement Conduct Board is a registered company (13907897), limited by guarantee and its directors are appointed for a maximum of two three-year terms.

Functions of the Enforcement Conduct Board

The ECB has published its Business Plan for 2023/34, which sets its principle and priorities.

Raising standards

The ECB will drive up standards in the enforcement sector by building on the National Standards, monitoring performance and conduct in the enforcement industry, and issuing firm and proportionate sanctions for non-compliance.

Improving accountability

The ECB hold enforcement firms and agents to account, primarily through supervisory activities such as audits, reviews of firms’ policies and procedures, compliance and complaints, independent research, and a firm and fair system of operational and financial sanctions to penalise and strongly disincentivise non-compliance with ECB standards.

Adjudication of complaints

The ECB will develop and introduce a new standardised complaints process in consultation with various existing points of contact for complaints to ensure public confidence in an accessible and independent complaint-handling system.

Protecting the vulnerable and achieving fairness

The ECB will develop and introduce new, affordable repayment and vulnerability protocols drawing on best practice from other organisations, businesses, and agencies as appropriate.

Authorisation

The ECB will work with the Ministry of Justice and wider stakeholders to develop an appropriate and workable authorisation process for enforcement agents and firms, considering the existing court certification process.