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:
(2)A power to use force does not include power to use force against persons
Do Immediately
Gather the following as soon as possible
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 sentMake 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.