Bailiffs and vulnerable people: extra protection if you're struggling

Bailiff action is hard for anyone, but it can be overwhelming if you’re already struggling. StepChange found that, among clients who had faced bailiff action, 95% said it had a negative effect on their mental health and 91% on their physical health (in a small survey of 127 people). The rules recognise that some people need more protection.

Who counts as vulnerable?

There’s no single legal definition, and vulnerability can be temporary or permanent. Circumstances that may make you vulnerable when dealing with bailiffs include:

• mental health conditions, such as depression, anxiety, bipolar disorder or psychosis
• physical illness or a serious or terminal illness
• disability, including learning disabilities
• age – older people, or young people living alone
• pregnancy, or having a newborn baby
• recent bereavement, relationship breakdown or job loss
• difficulty reading, understanding English or dealing with paperwork
• domestic abuse or other trauma
• addiction
• severe financial hardship, especially with children at home

The protections that apply

Bailiffs can’t enter if only vulnerable people are home

Under the Taking Control of Goods Regulations 2013, a bailiff can’t enter your home if the only people there are children under 16 or vulnerable people.

Bailiffs should identify vulnerability and adapt

Enforcement firms are expected to identify vulnerability and respond to it – for example by pausing enforcement, giving extra time, communicating differently or returning the case to the creditor. The Enforcement Conduct Board (ECB), the independent oversight body for the industry, sets standards for accredited firms on how to treat people in vulnerable circumstances.

Creditors, especially councils, can take the debt back

Your creditor decides whether enforcement continues. Many councils have vulnerability policies and will take a debt back from bailiffs (sometimes called “return to client” or “recall”) if you’re vulnerable. Read council tax arrears and bailiffs.

Mental health crisis Breathing Space

If you’re receiving mental health crisis treatment, a debt adviser can apply for mental health crisis Breathing Space. It protects you from most creditor action, including bailiffs, for as long as your crisis treatment lasts, plus 30 days. An Approved Mental Health Professional (AMHP) needs to confirm you’re receiving crisis treatment. A carer, social worker or mental health professional can contact a debt adviser on your behalf. Read our Breathing Space guide.

How to tell bailiffs and creditors you’re vulnerable

1. Tell the enforcement company as soon as you can – by phone, email or letter. Explain your circumstances and how they affect you.
2. Tell the creditor (for example, the council) at the same time and ask them to pause enforcement or take the debt back.
3. Send evidence if you have it, such as a letter from your GP, a mental health professional, social worker or support worker, or a copy of a benefits award letter. Don’t let a lack of evidence stop you speaking up, though.
4. Use the Debt and Mental Health Evidence Form (DMHEF) if a debt adviser suggests it – it’s a standard form that health professionals can complete for creditors.
5. Ask for reasonable adjustments, for example contact only in writing, at certain times, or through a named person.
6. Keep copies of everything you send and a note of calls.

If you’re on the doorstep with a bailiff, tell them through the door about your circumstances and ask them to leave and contact you in writing. Read bailiffs at the door: what to do.

If a bailiff ignored your vulnerability

If a bailiff carried on despite knowing you were vulnerable, you can complain to the enforcement company and the creditor, and escalate to the Enforcement Conduct Board or the Local Government and Social Care Ombudsman for council debts. Fees may be refunded. Read how to complain about a bailiff.

Dealing with the debt for good

Once enforcement is paused, it’s worth looking at the bigger picture. If you have low income and few assets, a free Debt Relief Order could write off the debts included – read our DRO guide. An adviser can explain all your options and can work with you in the way that suits you. You can also find free advice through MoneyHelper and debt charities, or read about our extra support.

Related reading

• Debt and mental health: getting help and extra protection
• Council tax deductions from benefits
• Behind on energy bills?

Frequently asked questions

Can bailiffs enter if I have a mental health condition?

If the only people at home are vulnerable people or children under 16, a bailiff can’t enter. More broadly, bailiffs and creditors should take your condition into account and may need to pause enforcement.

Do I need medical evidence to show I’m vulnerable?

It helps, but it isn’t always required. Tell the bailiff company and creditor about your circumstances anyway, and send evidence when you can.

Can the council stop bailiffs because I’m disabled?

The council can take the debt back from the bailiffs and agree an affordable plan with you directly. Many councils do this for vulnerable residents.

How long does mental health crisis Breathing Space last?

For as long as you’re receiving mental health crisis treatment, plus 30 days afterwards.

Sources

• The Taking Control of Goods Regulations 2013
• The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
• Enforcement Conduct Board
• StepChange, Council tax arrears research
• Money and Mental Health Policy Institute