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When the bailiff should consider taking no action.
The bailiff should at all times use his professional judgement to refer back to the Council if he considers that, due to the personal circumstances of the debtor, it would or may be inappropriate to levy distress. In particular, where the debtor:
1. Appears to be severely mentally impaired or suffering severe mental confusion.
2. Has young children and severe social depravation is evident (CT only)
3. Disputes liability or claims to have paid, has applied for Council Tax Benefit, a discount or any other relief not yet granted.
4. Is heavily pregnant and there are no other adults in the household (CT only)
5. Is in mourning due to recent bereavement of a close family member (within 1 month of death).
6. Is having difficulty communicating due to profound deafness, blindness or language difficulties
7. Is currently unemployed and provides proof that they are in receipt of IS or JSA (income based) and details are obtained of the debtors NINO (CT only)
8. Has severe long term sickness or illness, or is terminally ill.
9. States they have raised their case with their local councillor or MP.
10. Appears to be vulnerable in any other way.
The bailiff must also take no action if it appears that no responsible adult is present at the debtor’s address. If an adult is present, the bailiff must attempt to establish their identity. If the debtor is unavailable the bailiff must ascertain when they will be available. No reference should be made to the nature or purpose of their visit. The bailiff must be aware of the sensitive and confidential nature of this work and should take care to ensure that information regarding the debtor’s circumstances is not passed on to, or discussed with, a third party. If children are present at the time of the visit the debtor should be encouraged to ask them to leave the room while the matter is being dealt with. Any documents left at the premises when the debtor is not present must be left in a sealed plain envelope, clearly addressed to the debtor and marked strictly private and confidential.
The bailiff should at all times use his professional judgement to refer back to the Council if he considers that, due to the personal circumstances of the debtor, it would or may be inappropriate to levy distress. In particular, where the debtor:
1. Appears to be severely mentally impaired or suffering severe mental confusion.
2. Has young children and severe social depravation is evident (CT only)
3. Disputes liability or claims to have paid, has applied for Council Tax Benefit, a discount or any other relief not yet granted.
4. Is heavily pregnant and there are no other adults in the household (CT only)
5. Is in mourning due to recent bereavement of a close family member (within 1 month of death).
6. Is having difficulty communicating due to profound deafness, blindness or language difficulties
7. Is currently unemployed and provides proof that they are in receipt of IS or JSA (income based) and details are obtained of the debtors NINO (CT only)
8. Has severe long term sickness or illness, or is terminally ill.
9. States they have raised their case with their local councillor or MP.
10. Appears to be vulnerable in any other way.
The bailiff must also take no action if it appears that no responsible adult is present at the debtor’s address. If an adult is present, the bailiff must attempt to establish their identity. If the debtor is unavailable the bailiff must ascertain when they will be available. No reference should be made to the nature or purpose of their visit. The bailiff must be aware of the sensitive and confidential nature of this work and should take care to ensure that information regarding the debtor’s circumstances is not passed on to, or discussed with, a third party. If children are present at the time of the visit the debtor should be encouraged to ask them to leave the room while the matter is being dealt with. Any documents left at the premises when the debtor is not present must be left in a sealed plain envelope, clearly addressed to the debtor and marked strictly private and confidential.
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