Alan J. Smith, Chair of the High Court Enforcement Officers Association (HCEOA), looks at the future of the enforcement profession and reflects on how the HCEOA’s recent public perception research can help us set out a clear case for enforcement supporting the economy and delivering a fair and important service.
The enforcement profession is at a pivotal juncture. Enforcement businesses are awaiting the implementation of a 5% fee increase recommended by the Ministry of Justice, new standards from the Enforcement Conduct Board (ECB), and digitisation within the court system.
Add that to a new Government and set of Ministers to engage with, and there has never been a more important time for the profession to confidently be able to set out the valuable role it provides in the justice system across the UK.
With that in mind, this April the HCEOA commissioned an independent survey of 2,000 people across England and Wales, and it provides compelling insights.
Strong Public Support for Fair and Effective Enforcement
- 83% of respondents agreed that fair and effective enforcement is essential to the justice system.
- Almost 80% believed that people and businesses owed money should have access to a regulated enforcement system to recover debts.
- 72% thought unpaid debt would increase without fair and effective enforcement.
As the incoming Labour Government finds its footing, policymakers and civil servants face the challenge of ensuring enforcement is properly funded to meet public expectations.
The enforcement profession is still awaiting the first fee increase in ten years, alongside potential system and fee structure reforms. Implementing the recommended 5% fee increase, establishing a regular fee review mechanism linked to inflation, and carefully considering further reforms are essential steps in futureproofing fair and effective High Court enforcement for UK plc.
This fee increase is crucial for enforcement businesses to manage rising costs, ensure fair compensation for agents, enhance customer service systems, provide additional training for agents and staff, and invest in systems and technology to better support everyone involved.
Freedom of Choice to Support Court Users
As an association, we have been campaigning for some time to allow creditors the freedom of choice to choose to transfer debts under £600 to the High Court for enforcement. While this would not be the answer for every creditor, it would help to alleviate some of the burden on the County Courts and could have a role in increasing future satisfaction of judgments.
We’ve proposed that the fees that HCEOs charge for collecting debts under £600 should match the non-High Court fee scale for debts of the same amount – they would be 100% in line with the current system.
We are still in discussion with the Ministry of Justice about implementing this as part of ongoing High Court enforcement fee discussions. The High Court enforcement profession is ready, willing, and able to support this change, which is backed by the Civil Court Users Association and would be a positive step in allowing creditors better access to flexible enforcement options.
Leveraging Technology for Efficiency
The HCEOA is collaborating with Her Majesty’s Court and Tribunal Service (HMCTS) to help modernise outdated processes and some of our members are currently trialling High Court writs by email. However, a comprehensive digitisation plan for writ enforcement is needed. Not only will this simplify processes for creditors, it will also allow further reform of the court systems currently in place, providing cost and time saving measures that are desperately needed.
Fairness to All
Our research highlights the public's emphasis on fairness to both debtors and creditors. Vulnerability considerations, repayment plans, and the ability for creditors to reclaim the full amount owed are seen as important.
- 89% believed clear rules and regulations should protect vulnerable people and offer repayment plans to those who cannot pay their debts.
- 82% thought it’s important that creditors receive the full amount specified in court orders.
Enhancing Standards and Trust
While there is general confidence in the judicial system, improvement is needed. Although 69% of the public believe there are adequate rules governing enforcement agents, only 61% trust these agents to follow the law. Increasing transparency and educating the public about enforcement processes are vital for building trust and dispelling misconceptions.
The ECB has made significant progress since launching its Accreditation scheme in September 2023. With a majority of enforcement businesses now accredited, the ECB's focus on developing new standards, handling complaints, and active monitoring is commendable.
The HCEOA is working closely with the ECB, CIVEA, and other stakeholders to ensure we achieve shared outcomes and meet the public’s expectations around supporting the vulnerable while ensuring creditors receive the full amount specified in their judgments.
Next Steps for Government
To support the enforcement profession, we’re calling on the new Labour Government to take three simple steps:
- Implement the recommended 5% increase in enforcement fees. Proposed last summer, this increase addresses rising costs since fees were set in 2014. As of now, we await an implementation date for this long-overdue fee adjustment.
- Establish a regular fee review mechanism linked to inflation. Recognised by the Ministry of Justice last year, we hope this will be introduced soon.
- Ensure any further reforms proposed after last year’s wide-ranging consultation are carefully considered and properly funded. The 5% fee increase addresses a historical challenge but does not create additional funds to tackle new challenges.
The HCEOA is committed to working closely with the Government, the ECB and CIVEA to achieve shared outcomes that benefit the public and UK plc. With recent cabinet changes, the enforcement profession looks forward to decisive action that aligns with public support for a fair, effective, and well-funded enforcement system. This alignment will ensure that creditors and debtors receive the service they deserve.
