Protocol for assisting an eviction & rules for staff and officers

Freedom of information request reference no: 01.FOI.24.034964

I note you seek access to the following information:

REQUEST 1:
1. What is the protocol for Police officers attending a property after being called to assist an eviction, in order to ensure that the people claiming to be bailiffs/HCEO's are indeed who they claim to be.

REQUEST 2:
2. What are their prerogatives and how should officers act when attending a property, after being called to assist an eviction?

REQUEST 3:
3. Please provide me with the rules and regulations that instruct Police officers, when attending an eviction.

REQUEST 4:
4. What rules and regulations should Police staff abide by, when manning a desk at a Police station.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

REQUEST 1 - What is the protocol for Police officers attending a property after being called to assist an eviction, in order to ensure that the people claiming to be bailiffs/HCEO's are indeed who they claim to be.

There is nothing written in the guidance around ensuring that bailiffs are who they claim to be. In a practical situation it is expected that an officer in attendance would indeed check the credentials of a bailiff and check the details of the warrant that they would have in their possession if the eviction is legal.

REQUEST 2 - What are their prerogatives and how should officers act when attending a property, after being called to assist an eviction?

The actions or guidance for what should be done are listed in the guidance attached titled ‘Landlord Tenant Guide’ (and as below).

Practical steps for frontline officers:
Once it has been ascertained that a bailiff isn’t present and it is therefore an illegal eviction the police should:
- notify the landlord of this and that if they proceed they would be committing an offence;
- arrest where the necessity criteria exist and where the landlord commits an offence;
- request the landlord to let the tenant back in to the property;
- notify the Private Rented Sector enforcement team at the relevant local authority;
- recommend that the tenant make contact with their local authority;
- and make use of the Report a Rogue Landlord tool.

Presumption in the tenant’s favour:
It is likely that the evictions that MPS officers attend are likely to be illegal and therefore the presumption is in favour of the tenant to remain in their home. Landlords will not always be fully aware of the legal framework surrounding evictions and their rights and responsibilities.

Distinguishing a criminal and civil offence:
It is important to make the distinction between what constitutes a ‘civil’ offence and a ‘criminal’ offence in this context. Civil offences include disagreements about the tenancy, rent and repairs etc. Whilst criminal offences under this legislation included, illegal eviction, harassment, assault and use of force or violence to gain entry.

REQUEST 3 - Please provide me with the rules and regulations that instruct Police officers, when attending an eviction.

The rules and regulations are within the Protection from Eviction Act 1977 and within the guidance attached.

REQUEST 4 - What rules and regulations should Police staff abide by, when manning a desk at a Police station.

This is covered under PAO (Public Access Officer) Foundation course, Lesson “Civil Disputes and other non-Crime matters”

Rationale: As a Public Access Officer you will spend some time dealing with people in respect of non-criminal matters. Such customers should still be treated with the same high standards of customer service. Dealing with their concerns in a neutral and professional way and, where possible, providing them with sources of assistance

Aim: To enable students to deal with customers at the front counter who have a civil dispute.

Relevant Learning Outcomes:
1. Identify issues which are of a non-criminal manner
2. Distinguish between criminal and civil acts
3. Explain the role of Citizens Advice Bureau (CAB)
4. Explain the actions to take in five other matters of a non –criminal nature

The session explains that with civil disputes, where no criminal activity has been identified, is not a police matter. It provides information for the Public Access Officer to direct the member of the public to an appropriate agency that can assist, maintaining a good level of customer service.

There is a role play session in the lesson plan that covers a landlord/tenant dispute.

In addition there is the Front Counter Manual that details a flow chart for Public Access Officers to refer to that shows the defines the process and also includes an option to determine if a police presence is necessary to prevent a Breach of the Peace.