Assaulted or injured by Bailiffs

The bailiff commits an offence, and should be reported to the police. This includes mental trauma caused to anyone including children.

It doesn't matter if the police say the crime is a civil matter, you must record the time you reported the offence to police so an action can also be brought against the police force for breach of statutory duty.

The offence of Common Assault and Actual Bodily Harm (ABH) is committed under Section 20 of the Offences Against the Person Act 1861.

The law allowing bailiffs to use force against people was repealed on 15 July 2013 by section 25(5) of the Crime and Courts Act 2013 which amended Paragraphs 24(2) and 31(5) of Schedule 12 of the Tribunals Courts and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 taking out the provision that allowed bailiffs to use force against people in the recovery of debts.

The Law:

Paragraph 24 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

(1)The power to enter and any power to use force are subject to any restriction imposed by or under regulations. (2)A power to use force does not include power to use force against persons

Do Immediately

Go to A & E or Call 999 for an ambulance and get medical attention Write a first-person account - while still fresh - DO NOT trust memory. Report the offence to police. It doesn't matter at this stage if the police say its a civil matter Start a claim with the Criminal Injuries Compensation Authority Make a Personal Injury claim Gather the following as soon as possible

The name of the creditor, or council the bailiff was acting for The full name of the bailiff and his firm. Search online here The name and address of the bailiff company Physical description of the bailiff, e.g. height, hair, accent, build etc. Date and the time of the offence Location of the offence Extent of your injuries, including medical reports. Make a written first person account in chronological order the events leading up to the offence Go online and make a personal injury claim

Report the offence to the police in writing. Police have no obligation to act on reported offences made verbally.

Email to make a complaint to police reporting an assault. Make a screenshot of the sent email to record the time it was sent

Make a claim through the Criminal Injuries Compensation Authority (CICA).

If you are claiming damages for mental trauma arising from an enforcement action, ask your doctor to complete a MALG Evidence form

You can still claim personal injury if a pre-existing injury or ailment was deteriorated by bailiff action, or the injured party is a child or other member of the debtor's household.

WCN