• Home
• About the council
• Business services
• Community
• Council tax
• Environment
• Housing and benefits
• Jobs
• Leisure and tourism
• News
• Parking and transport
• Planning
• Recycling and waste

A–Z index:

• A
• B
• C
• D
• E
• F
• G
• H
• I
• J
• K
• L
• M
• N
• O
• P
• Q
• R
• S
• T
• U
• V
• W
• X
• Y
• Z

Use of bailiffs

Code Of Conduct

The main objective for a Bailiff, together with colleagues in the Revenues section, is to provide an effective and efficient enforcement service in the collection of local taxation debts. As part of the Revenues section, the Bailiff is well placed to reflect the corporate objectives and core values of the authority. This code has be drawn up in an endeavour to achieve the very best practice in the conduct that is expected of our Bailiffs.

The Bailiff:

1. The nature of the work demands that a Bailiff should adopt a firm, but correct attitude with all persons they contact in the course of their duty. The Bailiff must actively avoid provocation through politeness in all matters involving members of the public.
2. The Bailiff will at all times carry full and proper identification and show such identification to any person who has good reason to require it.
3. The Bailiff must maintain the highest standard of business ethics and practice in order not to bring the local authority into disrepute. Any Bailiff not acting in an honest capacity will be dismissed and if considered acting in an unlawful manner will be reported to both the Police and to the Court where the Bailiff's General Certificate is held.
4. All duties must be performed in compliance with all current legislation.

The Address:

1. The Bailiff will not call before 8.00am nor after 8.pm, nor at weekends or Bank Holidays, without the prior approval of the Revenue Manager.
2. The Bailiff will take no action where it appears that no responsible adult is present at the address.
3. Every effort must be made to correctly identify both the address and the defaulter concerned.

The Debt:

1. The Bailiff will at all times seek immediate and full payment of the debt. Where this is not possible an arrangement will be sought within the authority's guidelines or at the discretion of the Revenue Manager.
2. A 'Walking Possession Agreement', to protect the authority's interest if the debtor defaults, may be issued to support these arrangements.
3. Where arrangements cannot be made and the debtor has assets, with the approval of the Revenue Manager, these goods will be removed. In levying distress, the Bailiff will not impose costs in excess of the statutory guidelines or, in any case, not in excess of the value of the debt.
4. Where payment or levy is not possible the Bailiff may seek to complete an 'Earnings Questionnaire' and ascertain if an Attachment of Earnings or Benefits is possible. The Bailiff will then issue a certificate with a view to qualifying the debt for Committal Court Means Enquiry proceedings.
5. The Bailiff will issue a receipt for all payments collected.
6. Where any form of documentary evidence is produced (e.g. a receipt) with the claim that the debt has been paid, no further action must take place until clarification of that document has been received from the Recovery Section.

The Removal of Goods:

1. 1. The Bailiff, when executing a distress warrant will not levy on the following items.
   (Council Tax Only)
   • Tools, books, vehicles and other items of equipment that are necessary to the debtor in the course of their employment business or vocation.
   (Council Tax and Non-Domestic Rates)
   • Cooking and Heating appliances, where this would leave the individual with no means of preparing a hot meal and maintaining adequate heating for the household.
   • Refrigerators and food.
   • Bedding or household linen.
   • Beds and chairs, where this would leave the premises without one bed and one chair for each occupant.
   • Toys for the use of any child who is a member of the household.
   • Medical aids or medical equipment reasonably required for the use of any member of the household.
   • Books or any articles reasonably required for the education or training of the debtor.
   • Items purchased through authorized loans and grants advanced from the Social Fund.
2. The Bailiff and any appointed agent will remove goods in a caring manner and ensure their safekeeping and current value.
3. The Bailiff will provide a receipt and authorized possession notice to the debtor for all goods removed.
4. The Bailiff will immediately advise the authority that removal has taken place and where the goods are to be stored.
5. The Bailiff will advise the defaulter where the goods will be stored and the anticipated date and place of the public auction.

The Debtor:

1. The Bailiff must be mindful of the defaulter's circumstances and report any incident where it is considered that a benefit may be awarded.
2. No attempt should be made to distrain upon goods in the following circumstances:
   • Any elderly person having difficulties in dealing with their affairs.
   • Any person considered to be mentally impaired.
   • Any household where there has been recent bereavement.
   • Where the debtor (or debtor's partner) appears in the final weeks of pregnancy.
3. In the following circumstances the Bailiff will not attempt to distrain upon goods without reporting the circumstances to The Recovery and Investigations Manager and only seeking special authority if it is felt that the distraint of goods is in the interest of the Salisbury District Council.
   • Any disabled person.
   • Where the debtor (or debtor's partner) is suffering from long term or serious illness.
   • Any case where the debtor is in receipt of means tested benefit or there is evidence of financial hardship.
   • Any case where English language is not spoken or read in the household.
   • Any case where there are children under the age of twelve in residence.
   • Any case where the Bailiff identifies unusual circumstances that may deem distraint as an inappropriate course of action.

Complaints.

Any person who feels that the code of conduct has not been fully adhered to has the automatic right for their complaint to be investigated upon notification to Revenue Manager, Revenue and Benefit Services or any Officer of Salisbury District Council.