Taking Control of Goods 2025 Consultation

Key Proposals from the Consultation on Taking Control of Goods Regulations

The consultation, following a review of the existing fee structure, proposes several changes to encourage early debt settlement and clarify enforcement procedures:

• Extended Notice Period: The minimum notice period before EAs/HCEOs can visit a residential property is proposed to be extended from 7 to 28 days. This aims to give individuals more time to seek debt advice or arrange a repayment plan. The 7-day period would remain for businesses.
• Repayment Plans at Compliance Stage: Clarification is sought to ensure HCEOs enforcing High Court writs can agree to repayment plans at the initial “compliance stage”, avoiding immediate escalation to physical enforcement. Subject to the Creditor agreeing
• Defined Compliance Stage Tasks: The regulations may be amended to prescribe specific tasks EAs/HCEOs must carry out during the compliance stage, promoting consistent practice.
• New Information Sheet: A mandatory “Information Sheet ”would be enclosed with the Notice of Enforcement, providing debtors with clear information about their rights, responsibilities, and where to seek debt advice.
• High Court Fee Scale Clarity: The consultation seeks to clarify when the Enforcement Stage 2 (ES2) fee can be recovered under the High Court fee scale, addressing concerns about premature charging.
• Low-Value High Court Debts: The consultation proposes using the non-High Court fee scale for low-value High Court debts.
• Prohibition on Creditor Profit-Sharing: Amendments to the Taking Control of Goods: National Standards would prohibit creditors from receiving extra payment or profit-sharing from the use of EAs and the charging of fees.
• Future Reviews: The document also discusses future reviews of the impact of these proposed reforms and the fee levels.

Background to the Reforms and Government Statement

Since their implementation in 2014, the TCG and Fees Regulations have undergone several reviews (2015, 2018/19, and 2023). While initial reviews showed improved enforcement effectiveness, concerns persisted regarding the proportion of non-High Court debts settled at the compliance stage and the clarity of fee recovery, particularly for High Court enforcement. The Justice Select Committee in 2019 recommended setting fees as low as possible while ensuring industry sustainability and an independent review.

The latest review in January 2023 sought views on encouraging early payment, appropriate fee levels, and the impact of regulations on creditors. As a result, the Ministry of Justice has announced a 5% uplift to fixed fees for EAs and HCEOs (the first in 10 years) and a 24% uplift to thresholds above which an additional percentage fee can be recovered. These changes aim to ensure the sector’s sustainability and reduce the proportion of debtors paying percentage fees.

In a recent statement, Sarah Sackman, Minister of State for Justice, affirmed the Government’s commitment to a “balanced package of measures” aimed at protecting those facing enforcement while ensuring an effective system for debt recovery. She highlighted concerns raised by various bodies, including the Justice Select Committee and the Civil Justice Council, regarding the impact of some enforcement agencies on vulnerable individuals and the call for statutory independent regulation of the enforcement sector.

The current consultation on amending the Taking Control of Goods Regulations is part of the “interim reforms” the Government intends to implement. These reforms, including the extended notice period, are designed to increase the proportion of cases settled at the earliest and cheapest stages. The fee uplifts and threshold changes will be implemented via a Statutory Instrument as parliamentary time allows.

Furthermore, the government acknowledges concerns about council tax collection processes and has committed to consulting on modernising the council tax system, including enforcement procedures, which will be published later this year by the Ministry of Housing Communities and Local Government.

Consultation on Independent Statutory Regulation of the Enforcement Sector

Alongside the proposed changes to the Taking Control of Goods procedures, the Government has launched a separate, parallel consultation focusing specifically on establishing an independent statutory regulator for the enforcement sector. This consultation, which closed on 21 July 2025, seeks input on how to legislate for such a body.

The Ministerial Foreword, delivered by Sarah Sackman, underscores the need for an effective enforcement system that also treats debtors with dignity. While the Enforcement Conduct Board (ECB) was established in 2022 as a voluntary oversight body, research by the ECB itself indicates that approximately 30,000 individuals each year are not being treated fairly during enforcement visits, with 6% of body-worn camera footage showing breaches of Government standards. Although 96% of the private enforcement sector has voluntarily joined the ECB’s accreditation scheme, the Government believes statutory regulation is necessary to ensure all enforcement agents, High Court Enforcement Officers, and their firms adhere to the same standards.

This consultation specifically invites views on:

• The Role of an Independent Statutory Regulator: What responsibilities and powers it should be given.
• Collaboration with Other Regulatory Bodies: How the new regulator could work effectively with existing bodies.
• Funding and Accountability: How the regulator should be funded and held accountable to the Government and Parliament.

The objectives of this new regulatory framework align with the Government’s Better Regulation Action Plan, aiming to protect consumers, encourage economic growth, ensure proportionate interventions, and promote transparency and accountability. The consultation will inform future legislation, which will be brought forward when parliamentary time allows.

The Government seeks to create a regulatory framework that ensures fair treatment for those facing enforcement action, reinforces accountability, and supports the effective enforcement of debts and fines.

About the author

This article was written by Andrew Coates, Authorised High Court Enforcement Officer and full member of The High Court Enforcement Officers Association, and current CEO of Quality Bailiffs.

Andy has a Level 4 diploma in High Court Enforcement, and over twenty five years of experience in the bailiff and investigation industry. He is a former governing council member of both CIVEA and ABI.

Disclaimer
This article provides general information and does not constitute legal advice. It is essential to consult with a qualified legal professional for advice tailored to your specific circumstances.

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