FOI Request - Council Use of Baliffs
Request 101003353366
This request relates to enforcement agents (also known as "bailiffs") that have been used by the council.
1. (a) Between 01 January 2020 and 30 June 2023, how many times have bailiffs been deployed by the council? Please break this down by year.
(b) How many individuals does this relate to?
(c) How many companies does this relate to?
2. In cases where the council deployed bailiffs during this period (01 January 2020 and 30 June 2023) how much debt did this relate to, in total?
3. In cases where the council deployed bailiffs during this period (01 January 2020 and 30 June 2023) what was the smallest amount of debt owed by an individual?
4. Does the council directly employ its own bailiffs/ enforcement agencies, or does it use private enforcement agencies/ companies to do this work on the council's behalf?
5. Please provide the names of all bailiff / enforcement companies that have been paid by the council at any time between 01 January 2020 and 30 June 2023.
Response 31-07-2023
1. (a) In Scotland we do not use Bailiffs; Bailiff is an English term. We do however employ a Debt collector who will, if instructed, endeavor to recover housing, council tax and sundry (including parking) debts using a variety of methods including the use of Sheriff Officers. The Scottish equivalent for an enforcement agent would be sheriff officers. Sheriff officers are used by Moray Council for the service of court papers, service of important documents as well as enforcement of debts, such as attachment of goods and bank arrestments. They are also instructed in respect of evictions from residential and commercial premises. Legal services do not keep records which would show the number of times sheriff officers have been instructed solely for debt enforcement purposes. Sheriff officers can be instructed on several occasions in an individual case and for different reasons, some of which may pertain to debt enforcement. Legal services do have records which show that in 2020-March 2023, sheriff officers were instructed directly by us on a total of 96 occasions. Below is a breakdown of instructions sent to Sheriff Officers per year:
Year No of Cases
2020 41
2021 13
2022 32
2023 to 31 March 2023 8
We only have figures up to and including 31 March 2023 to date. The figures for 1 April to 30 June 2023 will only become available to us in October 2023. This part of the information is therefore not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
(b) Not held. We do not keep records which show exactly how many individuals these instructions relate to in respect of enforcement action. not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
(c) Not held. We do not keep records which show exactly how many individuals these instructions relate to in respect of enforcement action. not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
2. Not held. We do not keep records of the total sum of debts during this period for which sheriff officers have been instructed to enforce debts. not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
3. Not held. We do not keep records in respect of the smallest debt for which sheriff officers were instructed during this period. not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
4. We do not employ any sheriff officers. We instruct a private firm.
5. We instruct Scott and Co LLP when instructing sheriff officers directly. However, we also instruct external legal firms to undertake work for us and those firms may instruct other sheriff officers. We do not keep a record of which sheriff officers they may use. The figures given above only relate to sheriff officers directly instructed.
Details of the contract for Debt Collectors can be found on our published contract register on our website which can be accessed using this link: http://www.moray.gov.uk/moray_standard/page_101331.html This information is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible.