Insights ¦ Professional Values and Standards of Practice for Enforcement Firms

Key Take Aways

• Enforcement firms are expected to uphold core professional values including honesty, integrity, accountability, and respect for all backgrounds.
• Compliance with strict standards of practice ensures the enforcement process is lawful, appropriate, and fair.
• Firms must issue Notices of Enforcement in accordance with the Taking Control of Goods Regulations 2013 and keep detailed records of all payments.
• Data protection and confidentiality are emphasised; firms must only disclose information necessary for enforcement and share it with relevant parties under legal and regulatory safeguards.
• Enforcement agents must behave professionally, comply with legislation, and operate under policies addressing conduct, whistleblowing, and ongoing training.
• Insurance coverage is a mandatory requirement to cover potential damages to goods or claims against enforcement firms.
• Clear communication to debtors is mandated, including accessible information, dedicated contact methods, and language interpretation availability.
• Enforcement firms must ensure communications avoid threats, intimidation, harassment, or misrepresentation, and should include information on debt advice and complaint processes.
• Regular monitoring, audits, and the use of body worn video are required to ensure compliance and protect both enforcement staff and the public.
• Health and safety are priorities; policies are mandated to mitigate risks, including lone worker safety systems and incident learning processes.
• Full cooperation with the ECB (Enforcement Conduct Board) is required, including timely data sharing, responses to compliance requests, and proactive reporting of misconduct.
• Complaints handling must be transparent, accessible, and aimed at continuous service improvement, with a clear process comprising one or two stages and defined timeframes.

Key Statistics

• Enforcement agencies must retain body worn video footage for a minimum of 12 months from the date of a complaint.
• Body worn video footage should be available for evidence for up to 90 days after an incident for complaint and oversight purposes.
• Enforcement visits are only to be conducted by agents covered by appropriate insurance and adhering to operational policies.
• The formal complaints process aims to be concluded within 20 working days unless there are exceptional circumstances.
• The ECB expects firms to proactively update it on EAC2 complaints once court judgments are made or complaints are initiated.
• Retention periods for complaint records and relevant footage are designed to support transparency and accountability.

Key Discussion Points

• The importance of embedding professional values such as honesty and respect across enforcement operations.
• The necessity of legal compliance and policies covering data protection, health and safety, and anti-discrimination standards.
• How communication standards promote clarity, accessibility, and independence in interactions with debtors.
• The role of body worn video and audit mechanisms in maintaining compliance and safeguarding rights.
• The expectations around staff training and ongoing skills enhancement for enforcement agents.
• The significance of robust monitoring, quality assurance, and incident learning systems.
• The emphasis on safeguarding vulnerable debtors and recognising social and health-related vulnerabilities.
• The requirement for comprehensive cooperation with the ECB, including timely reporting and information sharing.
• The design of complaint handling processes that promote fairness, transparency, and continuous service improvement.
• The focus on health and safety policies to protect enforcement staff and third parties.
• Proactive management of misconduct and breaches through reporting and internal oversight.
• The evolving standards for assessing and mitigating risks related to remuneration structures, conduct, and culture within enforcement firms.

Document Description

This article provides a comprehensive overview of the enforcement standards set by the ECB (Enforcement Conduct Board) for enforcement firms operating within the UK. It outlines the core professional values, operational standards, communication protocols, monitoring, and safety procedures firms must adhere to. The document emphasizes transparency, fairness, compliance, and continuous improvement in enforcement activities, with particular attention to protecting vulnerable debtors and ensuring lawful, professional conduct throughout the enforcement process. It serves as a key guideline for senior managers in financial services to understand the regulatory expectations for enforcement practices and the importance of embedding these standards into organisational policies.