The government has been accused of trampling on individual liberties by proposing wide-ranging new powers for bailiffs to break into homes and to use reasonable force against householders who try to protect their valuables.
Under the regulations, bailiffs for private firms would for the first time be given permission to restrain or pin down householders. They would also be able to force their way into homes to seize property to pay off debts, such as unpaid credit card
bills and loans.
The government, which wants to crack down on people who evade debts, says the new powers would be overseen by a robust industry watchdog. However, the laws are being criticised as the latest erosion of the rights of the householder in his own home.
These laws strip away tried and tested protections that make a person's home his castle, and which have stood for centuries, said Paul Nicolson, chairman of the Zacchaeus 2000 Trust, a London-based welfare charity. They could clearly lead to
violent confrontations and undermine fundamental liberties.
It emerged last week that Her Majesty's Courts Service has already handed out guidance to privately employed bailiffs, pointing out that under legislation passed in 2004 they can already break down doors as a last resort to collect court fines.
Some restraint should be exercised, according to the search and entry powers guidelines. If a person locks himself in their home, it might be reasonable to break open the door, but probably not to smash a hole in the wall, it advises.
Details of the new guidelines were obtained under freedom of information laws. They say homes should not be broken into when nobody is in. Reasonable grounds for breaking down the door include the movement of a curtain, a radio being heard or a
figure being spotted inside which may be the offender.
Comment: A Big Mistake
29th December. From Alan
Fascinated to read the story about bailiffs being allowed to kick the door in. A few months ago, I came home to find a note from bailiffs through the door. Nothing to do with me, or indeed my address. My street name and number happen to be duplicated in
at least three suburbs of my largish town. The pillocks had come to the wrong "Umpteen, Something Street", evidently being unable to read the postcode.
If I'd been out and they had "suspected" the curtain had twitched, this new law could have meant I would have come home to a ransacked flat.