Police Told You Bailiff Crime is a Civil Matter

If the behaviour of a police officer at the scene of a bailiff incident was inappropriate or unprofessional, you have the right to make a formal complaint to a Clerk to the Justices at a magistrates’ court to request that the officer be reported for corruption.

The relevant law is Section 26 of the Criminal Justice and Courts Act 2015.

You can also make a civil claim for damages.

It is the practice of many police forces to dismiss complaints of bailiff crime, knowing it exposes the force to a claim for damages and recovery of unlawful losses resulting from their inaction while presiding over a crime committed by a bailiff.

Examples of police malfeasance include:

• Refusing to listen even though you believed the bailiff’s actions were unlawful
• Threatening you with arrest for obstruction if you continued to remonstrate
• Refusing to check the bailiff’s certificate or warrant and accusing you of stalling
• Making you feel intimidated or treated as if you were a criminal
• Causing stress or sleep disturbance (you may also claim under the personal injury protocol)
• Supporting the bailiff without checking whether the enforcement was lawful
• Embarrassing you in front of neighbours
• Displaying rude or aggressive behaviour
• Failing to prevent a crime occurring in their presence
• Refusing to apologise or accept fault

Make a claim for damages from the police:

If you were accused of breach of the peace for refusing an illegal demand (such as fees on a court fine you've already paid), or for refusing to open your door to a bailiff, then you can sue the police for damages.

Make a complaint if you were falsely accused of breach of the peace:

If you are fobbed off with excuses, you can:

• Complain to the IOPC
• Sue the Chief Constable using the small claims court and Form N1

Note: Making a complaint to the police can be difficult due to internal culture. The Ian Tomlinson case is an example where PC Simon Harwood struck Mr. Tomlinson and an attempted cover-up was exposed only when a bystander released video footage.

If police told you a bailiff’s crime is a civil matter, you may make a formal complaint.

Complain to the Independent Police Complaints Commission:

Note: IOPC complaints involving bailiffs or civil enforcement often lead nowhere. Staff are trained in “attrition correspondence,” designed to exhaust you into dropping the complaint.

You are better advised to collate the damages caused by police negligence or misconduct and file a claim using Form N1 in the small claims court.

You may request a free consultation with a solicitor specialising in police claims. Keep your correspondence factual and brief, and attach your complaint letter from the template above, as it includes all necessary legal citations and precedents.