Bailiff action is damaging your health

If the enforcement measures are significantly impacting your mental well-being, you can request your doctor to fill out a MALG Evidence form. Additionally, you can urge the council to explore alternative, non-confrontational methods for debt recovery.

Subsequently, engage a debt management professional to negotiate with the creditor on your behalf. In case a bailiff continues to harass or disturb you despite ongoing repayments and your doctor confirms the risk to your health, you have the option to seek an injunction.

It's possible that you are already considered a vulnerable person for civil enforcement purposes.

Once your doctor diagnoses your mental impairment, you fall within the definition outlined in section 1(1) of the Disability Discrimination Act 1995.

(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act and Part III of the 2005 Order if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.


This applies to debts owed to a council or government entity, including the enforcement of:

Council tax

Business rates, provided the bailiff is visiting a residential address

Fines issued by Magistrates' Court

Parking tickets (PCNs) and debts related to traffic contraventions

High Court writs involving creditors such as councils or government entities

When specifying the grounds of the application, you must include:

A witness statement, comprising:

Identification of the public authority involved.

Explanation of how the enforcement process adversely affects your mental well-being, particularly due to the possibility of confrontation at your residence.

Commencement date of the enforcement action.

Amount of money being requested.

Suggestion for a resolution, such as an alternative method of enforcement like attaching benefits.

Clarification of legal provisions that outline alternative actions the authority could have taken, or reasons why the requested funds are not legitimately owed.

Procedure

Inform the bailiff company, the bailiff, and the council about the reasons why your health is being adversely affected by the potential confrontation with bailiffs. Provide suggestions on how the council could act to mitigate these issues, and outline the consequences if they fail to comply.

If the bailiff persists in harassing or pestering you, file for an injunction under section 25 of the Disability Discrimination Act 1995 using a Form N16A. Include a Claim Form, a witness statement, exhibits, and a draft order.

The court fee for Form N16A is £308. If you have a low income, apply for court fee remission online and include the application reference number on your Form N16A.

Attend the scheduled hearing.

Serve a copy of the order on the bailiff company and, if known, the creditor.

If the bailiff company complies with the order and agrees to cease harassment, the court may list a further hearing attended by the bailiff company and the creditor, and decide on your costs for bringing the application.

Typically, the defendant bailiff company or creditor will be required to pay your costs and damages within 14 days.

Template email: Notice to bailiff and the council to suspend enforcement measures due to their negative effects on your mental health.

Take a screenshot of the email sent to document the date and time of submission.


The Law:

Section 25 of the Disability Discrimination Act 1995 states:

Enforcement, remedies and procedure

(1)A claim by any person that another person—

(a)has discriminated against him in a way which is unlawful under this Part; or

(b)is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way,

(2)For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head.

(3)Proceedings in England and Wales shall be brought only in a county court.

(4)Proceedings in Scotland shall be brought only in a sheriff court.

(5)The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.

(6)Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

(6A)Subsection (1) does not apply in relation to a claim by a person that another person—

(a)has discriminated against him in relation to the provision under a group insurance arrangement of facilities by way of insurance; or

(b)is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision under such an arrangement of such facilities.

(7)Subsection (1) does not apply in relation to a claim by a person that another person—

(a)has discriminated against him in relation to the provision of employment services; or

(b)is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision of employment services.

(8)A claim—

(a)of the kind referred to in subsection (6A) or (7), or

(b)by a person that another—

(i)has subjected him to harassment in a way which is unlawful under section 21A(2), or

(ii)is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way,

is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way, may be presented as a complaint to an employment tribunal.

(9)Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).