Alan J. Smith, Chair of the High Court Enforcement Officers Association (HCEOA), explains why the Association is calling for action to implement the recommendations of the Civil Justice Council’s (CJC) recent report on Enforcement – and how doing so will benefit creditors, debtors, and the wider justice system.
The CJC’s newly published report on enforcement represents a significant step forward in efforts to modernise and improve the way judgments are enforced in England and Wales. As a profession with deep, practical experience of what works in practice, the High Court Enforcement Officers Association (HCEOA) has welcomed the report’s impartial, balanced recommendations and is urging government to take swift action to bring about the reforms outlined.
For those unfamiliar with the workings of the enforcement sector, it’s easy to overlook the pivotal role it plays in supporting the rule of law and underpinning economic confidence. When people and businesses are awarded judgments, they have the right to see those judgments enforced effectively. Without a fair and functioning enforcement system, the justice process breaks down, and trust in the system starts to erode.
That’s why the CJC’s aim of delivering “a fair and effective enforcement system” resonates so strongly with us. It’s also clearly something that aligns with public expectations: Our 2024 perception research showed that 83% of respondents agreed or strongly agreed that enforcement is a necessary part of the justice system.
At the heart of the report is a long-term recommendation for the creation of a single unified digital court for the enforcement of judgments. We support this goal in principle. As with any reform, the devil is in the detail.
It’s crucial that such a digital system gives creditors real choice, including the ability to select High Court enforcement if that is the most appropriate and effective route. For this to happen, the government must act on the report’s recommendation to bring Part 4 of the Tribunals, Courts and Enforcement Act 2007 into force. Doing so would provide enforcement professionals and creditors with controlled access to important financial information about debtors, helping everyone involved to make informed, fair decisions.
One of the more immediate and pressing recommendations in the report addresses the current pressures on the County Court system. Anyone familiar with day-to-day court operations will know that the County Court is under severe strain. The report reflects this reality, describing the system as “under-resourced and overburdened,” and highlighting widespread concerns among court users.
There’s a straightforward, practical solution that would help – give creditors the choice to use High Court enforcement for debts under £600. Currently, these smaller debts must be enforced through the County Court. This is a change we have long championed, and it’s one that court users clearly support. Our ‘Freedom of Choice’ research found strong backing for this proposal, which can be implemented without additional cost to the debtor by using the non-High Court fee scale.
This is not about pushing out County Court bailiffs – it’s about relieving pressure on the system and providing more effective service for everyone. That includes protecting vulnerable debtors. The CJC rightly emphasises that any extension of HCEOs’ powers must come with robust safeguards. These safeguards already exist. National Standards issued by the Ministry of Justice, the Enforcement Conduct Board’s (ECB) new standards and independent complaints procedures, and oversight mechanisms all work together to ensure accountability and fairness.
Of course, the CJC’s report goes beyond High Court enforcement. It includes a series of broader recommendations, such as simplifying court forms and making legal language easier for users to understand. While these proposals sit outside our direct remit, we support them as part of a thoughtful, joined-up programme of reform that must involve the Ministry of Justice, HMCTS, the ECB, and other key stakeholders.
Ultimately, reform needs to be about more than just systems and structures – it’s about delivering a justice system that works for everyone. That means efficiency, but also fairness, clarity, and accessibility. Enforcement isn’t about punishment; it’s about ensuring that people can access the remedies they’re entitled to and that those remedies are delivered in a way that’s proportionate and respectful.
We believe the CJC report has laid a strong foundation. The HCEOA and its members stand ready to support delivery of this reform agenda. We are not just implementers—we are stakeholders, partners, and experts. And we’re committed to working with government and regulators to build an enforcement system for the future that delivers better outcomes for all.
