Are you fit to be an Enforcement Agent?

Apr 3, 2017 | Enforcement

This blog isn’t really about fitness levels – although, in my experience, it does pay to be healthy.

More importantly if you want to become a Court Certificated Enforcement Agent or the better known term Bailiff you must demonstrate you are a professional lawful person.

“What if my DBS/CRB (Criminal Record Check shows an old conviction – will this affect my ability to obtain my Enforcement Agent (Bailiff) Court Certificate?”

As Managing Director of EndeavourUK, I am asked this question regularly both by my clients, who come to EndeavourUK for our tailored Enforcement training and by individuals who are looking for a change in career, ex-Military or something similar!

The answer is YES and NO.

It is a bit convoluted and will depend on the conviction and how you present yourself to court.

First of all, you need to understand ‘THE LAW’

DBS checks show all convictions whether spent or unspent. However, if you only have one non-custodial conviction it will only appear for 6 years if you were under 18 when convicted. If you were over 18 when convicted it will appear for 11 years.

Like any decision made in court, ‘THE LAW’ also comes down to the judge on the day and I have seen a fair few certificates issued even when the DBS has come back with a conviction.

So, for arguments sake let’s say you have a conviction. It was something minor some years ago. Still, it will show on your DBS check so you need to be prepared. Trust is an important factor here. From experience, a judge will only issue an Enforcement Agent (EA) Court Certificate if they feel that, at the time of the certification, the individual is a fit and proper person to hold the certification.


Let’s get you that Certificate!

References

Usually, we would prepare the individual’s paperwork with two references which is the minimum the court will require.

If you have a conviction, we would then seek to acquire five references and include people that would be deemed appropriate and of high-standing in the community.

Within these references, it is good for at least one to refer to the incident/conviction and to confirm this person of high-standing would recommend the application for you to become an EA.

Maybe you could ask an ex employer or your accountant or a local solicitor. Your bank manager, company director or manager, police officer or your own doctor can also provide a reference.

Top Tip: It is crucial that the people you ask have known you very well for a number of years and include this timeframe in their reference.

These do take time so try and plan ahead and give yourself plenty of time to collate the best references you can!

Reduced Certificate Period

There is always a chance that, even with a conviction, as long as not very serious, if you have great references that give a full picture of want kind of person you are, then the Judge may take this into account and it has been known for the Judge to issue a ONE Year Certificate instead of the standard TWO years.

Quote:

I had this chap who had convictions, nothing too serious, but one of his references was from a senior army officer. He stated clearly that the individual had turned his life around throughout the years under his command and commended him on his time served in the army. The judge took this into account and issued him with One Year Certificate with a review of a new DBS after that!

Online Research

This is a pretty simple one, but with the influx of social media, it really is worth googling your name to see if anything negative that could affect your chances of becoming an EA with your new Company is publicly available! Remember, it is impossible to hide or cover up anything online so it is best to be honest from the outset.  Most Companies in this Industry will always do a google search!

Top Tip: If you’ve ever wanted to remove yourself (almost) entirely from the internet, Swedish website www.deseat.me uses your Google account to help. Using Google’s OAuth protocol, which allows third-party users to access your other accounts without finding out your password details, Deseat.me brings up all your online and social media accounts and allows you to delete yourself from them. 

How EndeavourUK can help you!

It can be pretty daunting going down the route to becoming an Enforcement Agent. There is lots of information out there but we are the only Company to develop the only Level 3 Enforcement Agent Endorsed Training Course.

From my personal experience working as an Enforcement Agent, I noticed that there was a lack of knowledge in the field of the law and what an EA can and can’t do. So, working with Highfield Awarding Body of Compliance (HABC) I designed a comprehensive course to help improve the quality and standards and consistency within the Industry.

As part of this service we will also work for an employer or the individual themselves on their behalf to:-

  1. We will do the online research to ensure there is nothing lurking in the past that may cause a problem.
  2. We will interview the individual making sure we establish what the conviction, if any, was for and provide guidance based on our previous experience on what may or may not be frowned upon.
  3. We will review all references for the individual – this is really important as we know what they need to say we can guide and inform on how they should be presented.
  4. We will pull all the Court paperwork together (Application; References and Cheque) for the individual and manage the process including securing a court hearing date.
  5. We will apply for the DBS Check on behalf of the individual after the court date is received as the DBS has to be within 30 days of the court hearing.
  6. We will put the DBS together with the EA Bond for the individual to take to the hearing.

Of course, you can do all this yourself, but it isn’t something you want to have to do more than once as it is pretty expensive and if you are in between jobs then you want to make sure your get your certificate.

To recap, a conviction isn’t always a door closer, but you must be open and honest about any conviction. It will be looked at on a case by case basis. If the judge gets a full picture of whom you are and feel confident that you are someone that will be professional and lawful at all times then you will be in good stead of being issued your court certificate for enforcement agent.

Want to know more about what EndeavourUK do?

Use the following useful links to find out how you can become an Enforcement Agent today!

Get a DBS Check – http://www.endeavouruk.com/courses/em01-dbs-check-service

Let us do the hard work including:

  • CCJ Checks for every address lived in for 6 years (up to 6 checks),
  • DBS Check (Disclosure and Barring Service) formerly known as CRB,
  • Enforcement Agent Bond for £10000 over two years,
  • The certification fee to Her Majesty’s Revenue and Customs (HM Revenue and Customs/HMRC),
  • Administration of the enforcement agent application to court.

http://www.endeavouruk.com/courses/ea07-enforcement-agents-bailiffs-court-certification-renewal-only

More information about our Enforcement Agent courses can be found here:

http://www.endeavouruk.com/courses/industry/security-and-enforcement

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