Research into Body Worn Video (BWV) Footage for the Enforcement Conduct Board (ECB)

The ECB is an independent, non-statutory oversight body for the debt enforcement sector in England and Wales. Its primary mission is to ensure that individuals facing enforcement actions are treated fairly. The ECB oversees the conduct of enforcement firms and Enforcement Agents (EAs), commonly referred to as bailiffs, who operate under the Taking Control of Goods Regulations 2014.

In its 2023-24 business plan, one of the ECB’s key priorities was commissioning independent research to enhance the evidence base around enforcement behaviour. This would support the development of a proportionate oversight framework, including the creation of new Standards to ensure that enforcement actions are fair and equitable. M·E·L Research was selected to conduct this research, focusing on the use of Body Worn Video (BWV) footage to analyse interactions between certificated civil EAs and the public.

Overview of the Project

M·E·L Research was commissioned to analyse BWV footage from enforcement actions involving significant and high-volume debts, such as council tax arrears, non-domestic rates, parking fines, and penalties issued by authorities like Transport for London. The study took place between June and September 2024, and researchers from M·E·L reviewed 935 videos, 648 of which involved interactions with individuals subject to enforcement.

This study is significant as it provides a unique and objective insight into real-world enforcement practices, which will enable the ECB to develop informed and targeted policy interventions aimed at improving fairness during enforcement.

Methodology

M·E·L Research applied a rigorous methodology to ensure the research was robust and impartial. The sample for this study was carefully randomised and representative, involving 935 videos sourced from twelve firms across England and Wales.

Firms were divided into tiers based on enforcement-related turnover, allowing for an analysis of varied operational and resourcing contexts. A core research team conducted the video reviews in controlled environments, without the influence of firm staff, to avoid potential bias and to ensure consistency of views across a defined team of researchers.

M·E·L Research also employed a team moderation of notes from every video and several double-blind shifts were undertaken to maintain consistency, with feedback focusing on qualitative observations related to face-to-face interactions and adherence to standards. Privacy and data protection were rigorously maintained, with firms adjusting their privacy statements, signing data-sharing agreements, and limiting identifiable data collection.

The framework for video assessment, based on ECB standards, covered compliance with minimum conduct guidelines and also captured instances of good practice and enforcement agent experience.

Key Findings

• Good Compliance Rate: The research found that most visits (94%) adhered to the existing National Standards for enforcement, demonstrating widespread compliance.
• Areas of Concern: However, breaches were identified in 6% of visits, including issues related to privacy violations, lack of acknowledgment of vulnerabilities, conducting enforcement outside of appropriate hours, and publicly embarrassing behaviour towards individuals facing enforcement. There were also cases where agents misrepresented their powers or threatened to remove ineligible household goods.
• Paused or Interrupted Footage: In seven instances, the video footage was paused or turned off prematurely, raising concerns about transparency, although these instances did not breach the National Standards.
• Good Practice: The research highlighted instances of good practice, particularly in areas such as entering properties and issuing receipts. In cases where the individual facing enforcement was deemed vulnerable, EAs did generally act appropriately.
• Aggression Towards Agents: In some visits, individuals facing enforcement were observed being aggressive, either verbally or physically, towards the EA.

Conclusion

The BWV research conducted by M·E·L Research provides an invaluable evidence base for the ECB as it seeks to improve standards and oversight in the debt enforcement sector. The findings reveal a high level of compliance with the National Standards, but also highlight areas for improvement, particularly in relation to privacy, vulnerability, and transparency.

This project was a critical step in ensuring that enforcement actions are conducted fairly, providing both the ECB and the wider enforcement sector with the information needed to drive positive change. The research laid the groundwork for the ECB’s ongoing efforts to improve enforcement practices and protect vulnerable individuals facing debt recovery actions and the ECB have used it to inform new Standards, published on the same day as the report.

This report is available here.