Assaulted or injured by Bailiffs

The bailiff's actions constitute an offence and should be reported to the police, including instances where mental distress is inflicted on individuals, including children.

Even if the police classify the incident as a civil matter, it's important to document the time of reporting the offence to the police. This ensures that action can be pursued against the police force for failing to fulfill their statutory duty.

The offences of Common Assault and Actual Bodily Harm (ABH) are governed by Section 20 of the Offences Against the Person Act 1861.

On 15 July 2013, the provision permitting bailiffs to employ force against individuals was abolished. This change was effected by section 25(5) of the Crime and Courts Act 2013 which amended Paragraphs 24(2) and 31(5) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, removing the clause that previously authorised bailiffs to use force in debt recovery procedures.

The Law:

Paragraph 24 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

(1)The power to enter and any power to use force are subject to any restriction imposed by or under regulations.

(2)A power to use force does not include power to use force against persons

Do Immediately

Seek medical attention immediately by going to Accident & Emergency (A&E) or calling 999 for an ambulance.

Document a first-person account of the incident while the details are still fresh, ensuring not to rely solely on memory.

Report the offence to the police without delay. It's essential to take this step regardless of initial police classification of the matter as a civil issue.

Initiate a claim with the Criminal Injuries Compensation Authority (CICA) to seek compensation for any injuries sustained.

Pursue a Personal Injury claim to seek further legal recourse and compensation for damages.

Gather the following as soon as possible

Identify the creditor or council on whose behalf the bailiff was acting.

Provide the complete name of the bailiff and their firm. Online search available here.

Share the name and address of the bailiff company involved.

Describe the physical attributes of the bailiff, such as height, hair colour, accent, build, etc.

Record the date and time of the offence.

Note the location where the offence occurred.

Detail the extent of your injuries, including any medical reports available.

Write a chronological first-person account of the events leading up to the offence.

Go online and make a personal injury claim

Submit a written report of the offence to the police. Verbal reports of offences do not compel police action.

Email to make a complaint to police reporting an assault.

Make a screenshot of the sent email to record the time it was sent

Make a claim through the Criminal Injuries Compensation Authority (CICA).

If you are seeking compensation for mental trauma "psychological distress" resulting from an enforcement action, request your doctor to fill out a MALG Evidence form

You remain eligible to pursue a personal injury claim if bailiff action exacerbates a pre-existing injury or condition, or if the affected individual is a child or another member of the debtor's household.