Plans for a new Enforcement Conduct Authority

Ground-breaking plans for new Enforcement Conduct Authority

Alongside several charity and debt advice sector partners, CIVEA is a founding member of the Enforcement Oversight Working Group, which has been established under the leadership of the Centre for Social Justice. Its primary purpose is to develop plans for independent supervision of the civil enforcement industry.

This is a valuable endeavour that demonstrates the collaborative and progressive approach taken from industry players to address the concerns of stakeholders and increase transparency of the industry. This is particularly pertinent in light of the personal financial challenges faced by people who have been impacted by the pandemic. The government is conducting its own wider study on public debt collection and management.

In a recent debate in the House of Lords the working group sought limited statutory underpinning for a proposed Enforcement Conduct Authority (ECA). The ECA will be industry-funded, but operate independently of the government, industry, and voluntary sector.

The working group is finalising a detailed framework document, but some of the principles are already agreed.

Raising standards The ECA will drive up standards in the Enforcement sector by building on the National Standards, monitoring performance and conduct in the Enforcement industry, and issuing firm and proportionate sanctions for non-compliance. This will help to standardise practice and ensure consistent application of regulations and codes of practice.

Improving accountability The ECA will increase accountability across the Enforcement sector by holding Enforcement firms and agents to account. This will be achieved primarily through supervisory activities (such as audits, reviews of firms’ policies and procedures, compliance and complaints, reviews of enforcement agent footage). This will be achieved through the publication of an annual review of the ECA’s activities, to be submitted to the Secretary of State for Justice.

Adjudication of complaints The ECA will review and monitor the complaints processes across the enforcement sector. This will include issuing guidance to Enforcement agencies on how to manage complaints and setting out appropriate measures for redress.

The ECA will run an independent complaints mechanism that will adjudicate on escalated complaints relating to enforcement activity which falls under the ECA’s remit.

Recognising vulnerability and achieving fairness The ECA will commit to drive improvements in the treatment of vulnerable individuals, building on work already undertaken in this area. This will be primarily delivered through provision of new affordability and vulnerability guidance drawing on best practice from other organisations and business sectors, as appropriate.

The development of the ECA will be led by an independent chairperson, who will be responsible for delivering against the mandate that will be shared with government ministers. We will continue to keep CIVEA members informed of progress with establishment of the Enforcement Conduct Authority.