Your land = Your health and safety duty

The Health and Safety at Work Act

The Health and Safety at Work Act 1974 Section 2.2. gives employers a duty of care to both their employees and any sub-contractors for providing adequate information, instruction, training, and supervision as required.

Management of Health and Safety at Work Regulations

Management of Health and Safety at Work Regulations 1999 requires, among other things, that all employers assess the risks to the health and safety of their employees while they are at work.

Government Advice

The government has provided guidance on the eviction of trespassers from private land. The guide to effective use of enforcement powers Part 1: Unauthorised encampments issued by the Office of the Deputy Prime Minister, Gypsy & Traveller Unit.

Quality Bailiffs in Action

Choosing a Bailiff Company

How can you determine that the private bailiffs you use are suitably experienced and trained?

The bailiff company should be able to:

1. Provide copies of insurance documents including Public Liability, Employers Liability and Professional Indemnity.
2. Provide references from satisfied clients.
3. Provide a Health and Safety Risk Assessment of the task.
4. Have a health and safety accreditation such as CHAS or Safe Contractor.
5. Following an initial visit provide a Risk Assessment Method Statement (RAMS).
6. Provide sufficient resources to do the eviction safely.
7. Provide at least one of the team who is certificated with the court.
8. Provide at least the lead bailiff with Body Worn Video to record events at the eviction.
9. Be a member of a trade association such as the
   High Court Enforcement Officers Association
   Certificated Enforcement Agents Association
   Civil Enforcement Association

Consequences of using the wrong Bailiff Company

What are the possible consequences of employing the wrong bailiff company?

This depends of course on what happens. Any bailiff company is only acting as your agent and consequently you may be held accountable if anyone is hurt during the eviction.

You have responsibility for the trespassers, bailiffs, your employees, and members of the public. There are also issues and consequences if trespassers goods are damaged.

You must be able prove you did due diligence before appointing a bailiff company.

If the bailiff company has not done proper risk assessments, not used sufficient qualified trained staff to undertake the eviction, and has no Employers and Public Liability insurance you may be held responsible.

Case Study

We were informed that a company was recently fined £40,000 for health and safety breaches (excessive force) when they used a contractor to evict a person (trespasser) from a site.

A scuffle occurred and a trespasser had been hurt. This was reportable to the Health and Safety Executive. The trespasser sued.

The contractor’s insurance would not pay out because no Risk Assessment or Risk Assessment Method Statement had been carried out. Plus none of the staff had adequate training and insufficient staff were deployed. A catalogue of errors.

The contractor liquidated his company and the landowners had to pay up the fine plus compensation.

Quality Bailiffs

Quality Bailiffs is CHAS, SSIP and Safe Contractor accredited. With us “Safety Comes First”.

We will provide Risk Assessment and where required a RAMS or an Operational Order. Each risk assessment is signed off by an appropriately qualified person at a minimum level 4 Certificate in High Court Enforcement in Writs of Possession.

Quality Bailiffs operate to ISO 9001 - 2015 Quality System HSEQ Smart.

We can help

Quality Bailiffs has over 25 years of experience in completing fast traveller eviction.

read more about the
Eviction of Travellers
and Gypsies service

If you need the eviction of an unauthorised encampment then contact Quality Bailiffs.

read more eviction articles