As “Enforcement Reform” returns to the agenda, it is important that it focusses on true reform and does not just become a case of centralisation, digitalisation and streamlining as seen before in other areas. The CCUA has therefore identified 3 priorities:

1. Information Orders & Departmental Information Requests

Where a Judgment Debtor effectively ignores a CCJ by failing to comply with it and otherwise fails to engage why they are unable to comply with it, there can be no excuse or reason why Information Orders and Departmental Information Requests should not be introduced. They have been on the Statute Book since the Tribunals, Courts and Enforcement Act 2007 and would enable a Judgment Creditor to seek information via the court from HMRC, another Government Department or another person, regarding the Judgment Debtor and their circumstances, to directly assist with selecting the most appropriate form of enforcement. This would benefit Judgment Creditors by ensuring that enforcement is targeted most effectively.

It would also protect Judgment Debtors by avoiding incorrectly or inappropriately targeted enforcement. It would also save the court’s time in having to administer ineffective enforcement. Continuing to allow court orders to be ignored with impunity undermines the credibility of the entire system.

2. Increased private sector involvement

It is clear that HMCTS cannot fully cope with providing enforcement. In particular, warrants of control are seen as a particularly weak area which many Judgment Creditors had already ceased using a considerable time ago. This service has deteriorated further by the establishment of Warrant of Control support centres. Whilst these have seen some success in limited, specific circumstances, they were introduced without consultation and do not represent the service which has been paid for. If access to justice is to be maintained, it is vital that enforcement against goods is opened up to the private sector, including low value and consumer credit act regulated debt, with appropriate safeguards in place. With that in mind, the CCUA will continue to fully support the introduction of the new Enforcement Conduct Authority, which should provide additional reassurance and confidence in the processes.

3. Creative thinking and updating

It has been said that this reform project is intended to create a system fit for 2050, yet many existing enforcement methods, plus their associated documentation and processes, have not been reviewed for decades. For example, the Attachment of Earnings Act is already 50 years old. Genuine improvements and updates need to be incorporated within the reform project to ensure that the methods and processes are applicable to modern, everyday life. This includes a review and refresh of existing processes and documents, many of which are woefully out of date, including far more electronic communication and payment options. It could also include brand new methods, e.g. many people now have regular income from rental property, yet this cannot be touched by either Attachment of Earnings (which only impacts salary, or occupational pension scheme payments (now very rare)) or by Third Party Debt Orders (which do not apply to regular payments). Bankruptcy is likely to be the only option, whereas a modern, focused solution which requires all or part of regular rental payments to be paid directly from the tenant to the Judgment creditor would be far more proportionate, obviously incorporating protections to avoid creating hardship, such as if those payments required to offset any associated mortgage.

The CCUA stands ready to share its experience and expertise in the development of ideas for improvement. It is vital that this opportunity is not missed.