Bailiff Manual Section 1 – Introduction 1.1 This is the revised Bailiff Manual, updated in June 2015, which incorporates changes as a result of the implementation of Part 3 of and Schedule 12 to the Tribunals Courts and Enforcement Act and the Taking Control of Goods Regulations on the 6 April 2014, and, the introduction of the single County Court on the 22 April 2014. 1.2 It provides procedural guidance on day-to-day matters as well as issues such as contempt matters and has been updated taking into account issues that have been brought to our attention that needed clarifying. 1.3 The manual cannot contain every circumstance that you will meet. It is however an easy reference guide that will help those bailiffs new to the work and be a refresher to those with more experience. 1.4 References to Delivery Managers in this manual relates to the most senior manager at a court, equivalent of the old Court Manager post. 1.5 This manual is for all County Court bailiffs only and can only be amended centrally - there are to be no local variations of this manual. 1.6 Should you wish to recommend any changes to this manual please email the civil and family business support email with your suggestion. All requests for change will be considered by the Bailiff Working Group who meet on a quarterly basis. Mailbox - Civil&[email protected] 1 Bailiff Manual Section 2 - General duties and responsibilities 2 Bailiff Manual 1. Introduction 1.1 Most of the issues here are common sense but they are set out to make sure that everyone is aware. There will be occasions when the handbook does not give you the answer you need, as it cannot cover everything. If this happens, you should talk to your bailiff manager. 2. Identity card 2.1 You will have a bailiff identity card with your photograph on and your bailiff identity badge (with metal crest). You must carry the identity card and identity badge with you at all times whilst on duty so you can use them to prove who you are and your authority. When carrying out your duties you must always identify yourself as a County Court bailiff at the earliest possible opportunity. If you lose your bailiff identity card or bailiff identity badge, you must report the loss to your bailiff manager immediately. 2.2 The bailiff identify cards were recently updated (design changed from ‘purple’ to ‘teal’ cards). Please note there should have been no change to the information that was held on the card. The new cards should replicate the old cards and include the statement ‘authorised to execute and serve process, date and the directors details’. The bailiff’s name should be on the rear and the word bailiff within the teal bottom strip on the front. 2.3. The bailiff manager can order new identity badges from Jeeves UK Ltd. You can either telephone Jeeves UK Ltd on 0800 028 3270 or email [email protected]. A member of the team will respond to your request within 24 hours. 3. General principles of bailiff duties 3.1 You should note the following: You must carry out your duties with firmness but strict fairness; always treat everyone with tact, consideration and courtesy. Always respect confidentiality. You must not accept gifts, money, goods or services from any person or organisation connected with any process that you are holding (this does not refer to money/goods received for the recovery of a warrant). You must not borrow money from any person or organisation connected with any process that you are holding. If you do you could be subject to disciplinary proceedings. In a private capacity, you must not take on the collection of debts or the service of any court documents for creditors, their legal representatives or anyone employed by them. If you do you could be subject to disciplinary proceedings. If you have an accident or are assaulted whilst carrying out your duties, you must report it immediately to your bailiff manager and or your delivery manager. You must also complete the Riddor form, the Minor Assault / Verbal Abuse Form or the Accident Report form at the earliest possible time. 3 Bailiff Manual Keep an accurate record of the visits you make and ensure it supports your claim for travel expenses or use of your official car. This should be done by completing a daily record sheet. You must also follow the Risk Assessment Guidelines to protect yourself from any risks whilst carrying out your duties. Full details can be found in the risk assessment section (Section 21) of this manual. Record precisely any information you have about the debtor and or their circumstances that have been given to you by the debtor or any occupier of the debtors address that you are visiting, so that you can pass this information onto the claimant. Always provide the claimant/judgment creditor with a full and detailed interim or final return when required, outlining the action take and the result of such action. 3.2 Your duties as a Bailiff will mean you being in contact with the public at all times. Remember: When you meet a person talk clearly using simple terms and speak slowly. Do not use jargon, slang or hide behind authority. Remember the person you are talking to may not use English as their first language. Speak firmly but not aggressively, do not be drawn into an argument and above all else stay calm. Respect the other person’s space by keeping an acceptable distance from them and avoid looking down on them. Avoid an aggressive stance such as standing with your hands on your hips or with your arms folded. Do not make any aggressive movements such as pointing at the person or wagging your finger at them. If you have to write to a customer using HMCTS headed bailiff letters, make sure the letter has your name (although please note you are not required to provide your first name), phone number for the court and when you are likely to be available for them to contact you, for example the times when you are most likely to be in the office. 4. Use of computers 4.1 Bailiffs should use computers as part of their normal duties, local management need to be aware of the requirements in relation to the segregation of duties and the requirement to provide appropriate training where it is required. 5. Reward & Recognition 5.1 All nominations for Reward and Recognition should be handled in line with the existing policy http://intranet.justice.gsi.gov.uk/guidance-support/my-services/appraisals- performance/reward-and-recognition.htm 4 Bailiff Manual Section 3 – Training courses 5 Bailiff Manual There are a number of training courses that are designed for bailiffs that may assist you with your duties. You can expect to receive training within the first 6 months of taking up post. The relevant courses are: Induction (Mandatory) – carried out locally with your Line Manager. Bailiff Development Programme (Mandatory) - this covers the key components of how you do your job. Personal Safety and Risk Analysis, Handling Conflict and Breakaway Techniques, Job Specific Search and Entry Duties (Mandatory) - a 2 day course with a one day refresher which must be taken after 13 months of the initial course. If the refresher course is not taken within 23 months of the initial course, you will need to attend the full course. First aid – save a life (Optional). Safe Driving Awareness (Optional). Lone Worker Alarms E-learning (Mandatory). Your bailiff manager or line manager should arrange all courses via the Justice Academy and your local learning and development capability partner. 6 Bailiff Manual Section 4 – Annual leave and working hours 7 Bailiff Manual Bailiffs on Deal terms are subject to the annual leave statement available on the intranet at: http://intranet.justice.gsi.gov.uk/guidance-support/my-services/leave/annual- leave.htm The relevant section for bailiffs is headed ‘All hours worked posts’. Annual leave for bailiffs should be converted into hours as shown in Annex A on the following intranet page – Calculation of annual leave from days to hours: http://intranet.justice.gsi.gov.uk/guidance-support/my-services/leave/calculator.htm When a bailiff takes annual leave, the amount deducted is recorded in hours not days. Full-time bailiffs work the same number of hours as their colleagues, albeit over a different working week, so are subject to the same annual leave entitlement as their full-time colleagues, with the same amount of service. Please note: Staff who opted into the deal with an annual leave entitlement in excess of 30 days were allowed to retain this entitlement on a protected basis until such a time as they change post as a result of promotion. On promotion they move to the Deal terms in full, including standard annual leave entitlement. The chart on the next page sets out how many days annual leave bailiffs need to take depending on which days you wish to be away from the office. 8 Bailiff Manual Annual leave requested (inclusive) Total number of days to be counted Any period of 3 normal weekdays or 1, 2 or 3, no Saturday to be included less Bank holiday Mon, Tues, Wed, Thurs 3 (i.e. Bank holidays excluded) Mon, Tues, Wed, Thurs 5 (including preceding Saturday) Tues, Wed, Thurs, Fri 5 (including Saturday) Wed, Thurs, Fri, Mon 5 (including Saturday) Thurs, Fri, Mon, Tues 5 (including Saturday) Fri, Mon, Tues, Wed 5 (including Saturday) Bank holiday Mon, Tues, Wed, Thurs, 5 (including Saturday) Fri Mon to Fri 6 days (including Saturday) Tues to Monday 6 days (including Saturday) Wed to Tues 6 days (including Saturday) Thurs to Weds 6 days (including Saturday) Fri to Thurs 6 days (including