Councils call in bailiffs 2 million times a year, campaigners say

12 April 2012

Bailiffs are called in to collect unpaid council taxes and parking fines in more than two million cases a year, campaigners have said.

Almost 5,500 cases a day are passed to debt recovery agencies by local councils in England, Scotland and Wales, a report showed.

The figures, released to the civil liberties campaign group Big Brother Watch under the Freedom of Information Act, come after concerns that bailiffs harass or intimidate those who owe money, charge excessive fees and threaten debtors with imprisonment.

Two Scottish councils topped the list of those that used bailiffs most frequently, with both the City of Edinburgh and Glasgow City Council calling in debt recovery agents more than 280,000 times between 2007/08 and 2009/10 - more than 250 cases every day.

Daniel Hamilton, director of Big Brother Watch, said: "The coalition Government must act now to end the culture of bully-boy debt collection which has taken hold in town halls across the country.

"Sending in bailiffs to recover debts should always be the absolute last resort. The fact local councils have passed more than six million cases to bailiffs for matters as trivial as the late payment of council taxes and parking fines is truly shocking.

"In many cases, bailiffs are a law unto themselves; barging their way into people's homes, intimidating vulnerable members of the public and imposing rip-off charges."

Overall, the 320 local authorities who responded to the survey passed 4,527,917 cases to third-party debt recovery agencies for the non-payment of council tax, and 1,411,086 cases for the non-payment of fines for parking infringements, between 2007/08 and 2009/10.

Local Government and Housing Minister Grant Shapps said: "The coalition Government will rein in the aggressive use of bailiffs, and defend people's rights and liberties against home invasion.

"In addition, we will not be introducing the last Government's plans to allow bailiffs to force entry into homes to collect civil debts."

He went on: "People must take personal responsibility for their debts, and councils who neglect to collect their council tax push up bills for law-abiding citizens.

"But this survey shows that bailiffs are clearly being disproportionately used by town hall officials, when they should be the last resort."

A Glasgow City Council spokesman said: "We expect everyone in Glasgow to pay their fair share. The council is committed to doing everything it can to assist families, individuals and businesses, however, we will pursue those who won't pay."

Phil Wheeler, convener of the finance committee for Edinburgh City Council, said: "Council tax income accounts for over a fifth of our funding.

"It is essential that we make every effort to collect it to ensure that we have sufficient funds to provide vital services to Edinburgh residents.

"The council passes accounts for recovery to the sheriff's officers in cases where payments have not been received and reminder letters ignored.

"It is only fair for the majority of citizens who do pay their council tax and other council charges that we take appropriate steps to recover the outstanding sums."

But the council added that its figures were based on accounts, not individual cases, leading to "an overstated figure that cannot be compared with other results prepared on a resident-by-resident basis".

It also said that sheriff officers in Scotland are heavily regulated.

And a spokesman for Birmingham City Council, Europe's largest local authority, added: "The majority of Birmingham citizens pay their council tax accounts in full and within the prescribed timescales.

"Birmingham City Council however is conscious of the need to protect the public purse so as not to place undue pressure on any of our citizens.

"We are also acutely aware of the competing priorities families are facing within this challenging period and therefore revenue officers are available to discuss various ways, means and amounts of council tax that can comfortably be credited to their accounts.

"It is only when all avenues for the recovery of debt have been exhausted that the account is referred to the Magistrates' Court."

David Sparks, vice-chairman of the Local Government Association, said about £530 million of council tax went unpaid each year.

"Councils have a duty to the vast majority of residents who pay their taxes to pursue the small number of individuals who don't," he said.

"There is nothing trivial about collecting money which funds the vital frontline services residents need and want."

He went on: "Calling in the bailiffs is very much a last resort. People struggling to pay bills are given as much leeway as possible and, as a matter of course, councils contact people a number of times before starting legal proceedings.

"Town halls are there to provide help, support and advice to residents. Anyone who is struggling to meet a debt should contact their council to discuss their options.

"In the overwhelming majority of cases an acceptable payment programme will be agreed which lets them pay it off over a longer period of time and in a way which suits them."

A Newham Council spokesman said: "We recognise that sometimes people may have difficulty paying their council tax, which is why we offer help when they contact us, such as agreeing payments within their means.

"Residents are contacted on numerous occasions before starting legal proceedings.

"Bailiffs are only ever used as a last resort and once an order has been obtained from the magistrates' court.

"Bailiffs are required to act within the law and anyone who feels they have acted improperly should contact the bailiff or the council to raise their concerns."

The top 10 local authorities which used the largest number of bailiffs and debt recovery agencies were:

1. City of Edinburgh - 287,315 cases
2. Glasgow City - 281,718 cases
3. Birmingham - 223,810 cases
4. Liverpool - 167,039 cases
5. Manchester - 149,635 cases
6. Newham - 131,542 cases
7. Leeds - 124,379 cases
8. Barnet - 114,011 cases
9. Fife - 91,423 cases
10. Redbridge - 82,718 cases

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