Bailiff regulation is becoming mandatory: what it means for complaints

On 28 August 2026, the Ministry of Justice announced that independent oversight of private bailiffs (enforcement agents) in England and Wales will become mandatory. Courts minister Sarah Sackman set out the plan in a letter to the Justice Committee the same day. It will be done through secondary legislation, by changing the rules on how bailiffs get the certificate they need to work, rather than through a new Act of Parliament.

What’s changing

Every bailiff who takes control of goods needs a certificate from the county court. At the moment, that’s all the law requires. Firms can choose whether to be accredited by the ECB, the independent oversight body set up in 2022. Most have: more than nine in ten bailiff firms have signed up voluntarily.

Under the plan, the Certification of Enforcement Agents Regulations 2014 will be changed so that a private bailiff can only get or renew a certificate if they work for an ECB-accredited firm, or are accredited themselves if they work independently.

What it doesn’t do

This is a big step, but it isn’t full statutory regulation. Making the ECB a regulator with its own legal powers would need primary legislation, which means a new Act of Parliament. The minister’s letter says the government is still considering next steps on that. StepChange welcomed the change as a stepping-stone but said it falls short of giving the ECB full statutory powers.

Two other things to know:

• It covers private bailiffs. MoneySavingExpert reported that the government is still considering whether the rules should also apply to the small number of councils that use their own in-house bailiffs.
• The rules bailiffs must follow aren’t changing again. The 1 May 2026 changes still apply: at least 14 clear days’ notice before a visit (28 if a debt adviser asks in time), and, for most debts, fees of £79 at the letter stage, £247 for a visit and £116 for removal or sale, plus 7.5% of any debt over £1,900 at the last two stages. See your rights when bailiffs visit and check a bill with our bailiff fees calculator.

When it happens

The government says it expects the change to take effect next year, in 2027. No exact start date has been announced. Until then, ECB accreditation stays voluntary, and the ECB can only deal with complaints about firms that have signed up.

What it means if you have a complaint now

You don’t need to wait for the new rules. The ECB already handles complaints about accredited firms, for enforcement activity from 1 January 2025 onwards, and its service is free.

1. Complain to the bailiff firm first. The ECB expects you to use the firm’s own complaints process before it will look at your case. Ask the firm to pause enforcement while it investigates.
2. Tell the creditor at the same time. For council tax or parking debts, that’s the council. It can recall the debt.
3. Go to the ECB if you’re not satisfied. Check the firm is on the ECB’s list of accredited firms. The ECB says complaints should reach it within three months of you becoming aware of the problem, or within one month of the firm’s final response, so act quickly.
4. For council debts, you can also go to the Local Government and Social Care Ombudsman in England, or the Public Services Ombudsman for Wales, once the council’s own complaints process is finished.
5. For serious misconduct, you can ask the court that certified the bailiff to review their certificate, using form EAC2.

Our guide on how to complain about a bailiff has a template letter and tips on gathering evidence, including body-worn camera footage. If you’re vulnerable, read bailiffs and vulnerable people as well.

A complaint doesn’t automatically pause enforcement. If bailiffs are close to visiting, an adviser can apply for Breathing Space, which stops most bailiff action for 60 days.

Frequently asked questions

Are bailiffs regulated now?

Partly. Bailiffs need a court certificate and must follow the law on notice, visits and fees. ECB oversight is voluntary for now, although more than nine in ten firms have signed up.

When will ECB accreditation become compulsory?

The government expects the change to take effect in 2027. It hasn’t announced an exact date.

Can I complain to the ECB about any bailiff?

Not yet. Today, the ECB only handles complaints about accredited firms, after you’ve complained to the firm. Once the new rules are in force, all private bailiffs should be covered.

Will the new rules stop bailiffs coming to my home?

No. They’re about standards and complaints. To pause or stop enforcement, read how to stop bailiffs.

Sources

• UK Parliament, Letter from Sarah Sackman KC MP to the Justice Committee on regulation of the enforcement sector, 28 August 2026
• GOV.UK, Government steps in to protect families from cowboy builders and aggressive bailiffs
• Enforcement Conduct Board, How to complain
• StepChange, New secondary legislation regulating bailiffs
• MoneySavingExpert, Martin Lewis: New mandatory bailiff regulation is a ‘genuine step forward’
• Local Government Lawyer, Government to require increased oversight of enforcement industry