Sheffield City Council

Service Level Agreement

For

Enforcement Services

Council Tax and National Non Domestic Rates

Between

Sheffield City Council

And

Rossendales

Contents

Section 1 – General Requirements

Section 2 - Pre Compliance

Section 3 - Arrangements

Section 4 - Compliance Stage

Section 5 - Enforcement Stage

Section 6 – Removal and Sale Stage

Section 7 - Fees and Charges

Section 8 - Payments

Section 9 - Complaints

Section 10 – Performance

Section 11 – Signatures of Agreement

Section 12 – Circulation

Section 1 – General Requirements

1.1This is a Service Level Agreement (SLA) between Sheffield City Council and The EA Company [the parties].

1.2 The purpose of the SLA is to maintain an efficient and professional framework of understanding of the responsibilitiesand expectations of both parties in respect of the work areas concerned.

1.3 The SLA is multipurpose and may cover any of the following:

  • The collection and enforcement of local taxation debts (Council Tax and National Non Domestic Rates (NNDR) secured by liability orders.
  • The execution of arrest warrants (with and without bail)

1.4 A letter of Authority to Act will be provided by Sheffield City Council, and will be treated as conclusive authority for The EA Company to act on its behalf.

1.5By way of definition the following terms are used in this document:

EA ~ Enforcement Agents

TCOG ~ Taking Control of Goods

SRS ~ Sheffield Revenues Service

SCT ~ Sheffield City Council

1.6Performance against this SLA will be monitored on an ongoing basis. The Monitoring Officer(s) for Sheffield City Council and SRS will be:

Debt Type / Monitoring Officer
Council Tax and NNDR / Claire Mansell (SCC Client Team)
Council Tax and NNDR / Joanne Carr (SCC Client Team)
Council Tax / Mick Benson/Carol Hinchcliffe (SRS)
NNDR / Steve Foster (SRS)

1.7The Enforcement Company will ensure that all of their employees and Enforcement Agents (EA’s) receive appropriate training to ensure that they have a proper understanding of the relevant legislation.

1.8All EAs and employeesof the Enforcement Company will exercise proper care at all times and will not place themselves at undue risk. When necessary, assistance will be requested from the police. In such cases no action should be attempted until the police arrive.

1.9All EAs and employees of the Enforcement Company will maintain an acceptable standard of dress when visiting debtors’ premises and will conduct themselves in a professional manner.

1.10All EAs will carry with them identification (which will include a photograph and a telephone number for verification purposes), a copy of their authority to act on behalf of Sheffield City Council and a copy of their EA certificate.

1.11When dealing with a case employees’ of the Enforcement Company and its EA’s will ensure that they only speak to the debtor(s), an authorised person or a person in apparent authority. Care will be taken not to divulge the nature of the business to any other person. The absence of the debtor will not automatically prevent the action continuing but the situation will be properly considered before a decision is taken to proceed. Identification must always be shown at the start of the action and authority to act or the EA’s certificate must be shown if asked for by anyone who has good reason.

1.12The EA Company will attend and take part in 6 monthly Service Review meetings, with SRS and the Council’s Client Team, in order to review performance, SLA compliance and improve services.

1.13 A formal review of this agreement will be undertaken on an annual basis at one of the above meetings to ensure it remains fit for purpose.However amendments may be made at other times by agreement.

1.14 All amendments and changes will only be made after discussion and agreement between the parties.

1.15Neither party will terminate the arrangement without giving a minimum of 2 months’ notice except where circumstances described in Section 7.2 arise.

1.16SRS and the EA Company will nominate liaison officers who will be responsible for individual and bulk casework liaison. All staff in both organisations will be informed of the names of these liaison officers.

1.17Liaison officers for this SLA will be the Revenues Service Delivery Manager or another appointed representative for Sheffield City Council; Client Liaison staff, the Client Services Director or the Business Development Executive for The EA Company.

1.18Liaison meetings will be usually at the Sheffield Revenues Service offices and on a quarterly basis although the frequency can be varied by mutual agreement. The main purpose of these meetings is to consider service delivery matters such as collection rates, turn-around times, compliance requirements, any complaints and any other relevant business. The Enforcement Agent Company will be represented by either a Director and/or a Business Development Executive and Capita will be represented usually by the Revenues Service Delivery Manager and/or a member of staff suitably experienced in enforcement matters

1.19The Council may make a request for information at any reasonable time via the SRS and the EA Company shall comply with that request as soon as practically possible.

1.20The EA Company will be a member of the Civil Enforcement Association (CivEA).

1.21The EA Company will not advertise the fact it is providing services to Sheffield City Council under this agreement.

1.22The EA Company shall not assign or sub contract all or any part of this agreement without the previous written consent of Sheffield City Council. Such consent shall be in the absolute discretion of the Council and if given shall not relieve the EA Company from any liability or obligation under the agreement and the EA Company shall be responsible for the acts, defaults or neglect of any sub-EAs including its employees or EAs in all respects as if they were acts, defaults or neglect of the EA Company.

1.23The EA Companywill obtain and maintain adequate insurance cover against all risks and will provide evidence to this effect to Sheffield City Council either on an annual basis or at a frequency agreed otherwise. Where a situation arises resulting in a settlement from this insurance cover, The EA Companywill be fully liable to Sheffield City Council for any excess amount not covered by their insurance cover.

1.24Any legal action taken against the Council as a result of the Contractor and or their Enforcement Agent’s failure to act in accordance with the law or this agreement, if proven, will constitute a breach of the agreement.

1.25In the event of legal action being taken against the Council as a result of the Contractor’s, or their Enforcement Agent’s failure to act in accordance with the law or this agreement, if proven, and the Council sustains costs in defending or resolving the issue, the Contractor must reimburse the Council in full for all costs incurred.

1.26 The EA Company will provide a dedicated team of competent staff to deal with all operational enquiries from SRS officers during normal office hours, from 9am to 5.30pm Monday to Friday.

1.27The EA Company must employ sufficient and competent staff to respond to enquiries from debtors between the hours of 8am and 8pm Monday to Friday and between 8am and 1pm on Saturdays.

1.28The EA Company shall notify SRS immediately upon becoming aware of any possible conflict of interest which may arise between the interests of the Council and the interests of the EA Company or its employees and shall take all reasonable steps to remove or avoid the cause of any such conflict of interest to the satisfaction of SRS.

1.29All EAs must be contactable by mobile phone whilst working.

1.30The EA Company shall only implement a postal only service where agreed with Sheffield City Council.

1.31The EA Company will ensure details of all actions taken are updated on its case management system in real time or as soon as practically possible. Updates must include dates and times of telephone calls made or received, dates letters were issued or received, texts sent, employment details or any contact with the debtor. Where the information held is not up to date The EA Company will liaise directly with the EA and provide Sheffield City Council with the latest position as quickly as possible, endeavouring to do so within 1 working day.

1.32The EA Companywill keep full and accurate records of all events and actions taken on cases and will provide a written report when required. Such reports will always be completed where any violence or damage to a vehicle occurs or where specific threats are made by a debtor. To support dispute resolution The EA Company will supply audio and video footage recordings of events downloaded from its telephone and body worn video technologies as and when required.

1.33The notification of amendment, request for hold action, or special instructions in respect of individual cases will, in the first instance, normally be given by Sheffield City Council by telephone, email or facsimile communication. Access to The EA Company’s computerised system and the ability to amend case records will be made available to SCS Client Team officers and SRS employees to support thisrequirement.This access extends to the offices and personnel of the EA company.

1.34The EA Company will place a hold on all action for a specified period of time when requested to do so by Sheffield City Council and ensure that no further action occurs until instructed or until the hold elapses, whichever is the sooner. If a hold elapses authorisation will be sought from Sheffield City Council before any further action is taken.

1.35Sheffield City Council will advise The EA Company of any known domestic information regarding a debtor that may assist in the management of their case. Sheffield City Council will also advise at the time of instruction and at any time thereafter when it becomes known, the details of any potentially violent or aggressive person.

1.36At any stage in the recovery process (compliance, enforcement, sale and removal) where it is established that a debtor has moved out of the address, discreet enquiries will be made of the new occupier or close neighbours. In addition, the Enforcement Company will use third party databases (Experian, Equifax or similar) to determine where a new or forwarding address is available. Details of forwarding addresses found or confirmation that no address is available will be sent to Sheffield City Councilon weekly updates togetherwith the returned case report.

1.37Where at any of the above stages it is established that the debtor’s circumstances fall within the Council’s vulnerability criteria described in Appendix 1 to its Recovery Policy or the Enforcement Company’s own Vulnerability Policy, the case should be returned to SRS as soon as is practicable detailing the reason for the return and a note setting out the vulnerability issues. In these cases no fees will be applied.

1.38Particular attention will be paid at compliance, enforcement and sale and removal stages to identify any debtors where caution may need to be exercised in administering their case. Where the Enforcement Company office or EA’s becomes aware of a debtor’s circumstances(or those of their partner or a dependant child living in the household) and concludes that further action may cause undue suffering or distress the Enforcement Company or its EA’s will take advice from (either) their own line management or SRS. Examples of such circumstances include (but are not restricted to) physical or mental disability; long-term or serious illness; a recent bereavement; late term pregnancy;fragility due to advanced age; difficulty in understanding, speaking or reading English.

1.39The EA Company will aim to fully resolve (either obtain full payment or return the case to Sheffield City Council as No Trace, No Effects or similar) 80% of cases within 6 months of instruction and 100% within 9 months. Exceptional individual cases may be retained by The EA Company in excess of 9 months however any such retention will adhere to the time frame requirements laid down in the TCOG regulations.

1.40 The EA Company will report any case that has been held for over 9 months, together with details of the actions taken, and why the EA is holding the case.

1.41 Unresolved cases (other than NB cases) will be returned to Sheffield City Council at monthly intervals and will include a report of all action taken, any information concerning the debtors circumstances (especially employment details) and the reason for the case being returned.

1.42Agreement must be sought from Sheffield City Council for any contact via text messaging or other means.

1.43Sheffield City Council reserves the right to withdraw cases from The EA Company in appropriate circumstances. Where a request is made for any case to be returned The EA Company will close it on the case management system and arrange for its inclusion on the returns file sent with the next remittance advice. The EA Company will not ask for any contribution towards fees incurred where a request is made for a case to be returned.

1.44The Enforcement Company will monitor the number of cases where such requests are made and provide an analysis of reasons for returns to be discussed at liaison meetings.

1.45Sheffield City Council may request a range of reports in respect of their caseload to be supplied in a variety of formats; these will be supplied within a maximum of 10 working days and will include but not be limited to the performance requirements set out in Section 10 of this SLA.

1.46 The EA Companywill supply Sheffield City Council with copies of all forms and stationery used by them and will discuss any amendments with Sheffield City Council before introducing any changes or additional letters. A full set of the statutory notices to be issued will be provided by The EA Company to Sheffield City Council to review and agree their content prior to their use. Such notices will be written in plain terms and will not be ambiguous or misleading. The EA Company will ensure all notices issued to debtors and other parties like co-owners adhere to the prescribed content detailed in the TCOG regulations and supporting legislation.Copies of these agreements and all correspondence shall be made available to SRS and Client Team for quality assurance purposes.

1.47 The Council reserves the right to request a compliance checklist document to be completed for all cases referred at compliance stage, where actions and updates to cases described in 1.31 are not completed to its satisfaction.

1.48The EA Companywill not disclose, exchange or benefit financially from data supplied by the Council. For the purposes of compliance, The EA Company must be registered under the Data Protection Act 1998. The EA Company (the contractor), its employees, EAs and agents will not divulge to any third party, information which comes into their possession in the course of providing the Service.

1.49The EA Company may disclose information to official bodies (e.g. police) for the purposes of the prevention and detection of crime and the apprehension and prosecution of offenders. When a data request extends to thedisclosure of debtor information The EA Company will direct the request initially to SRS or Sheffield City Council Monitoring Officers.

1.50The EA Companywill maintain the security, records and management information for the purposes of providing the Service. Sheffield City Council is entitled to inspect storage facilities and information systems at any time to ensure compliance and security of personal data, as required under the Seventh Data Protection Principle Schedule 1 to the 1998 Act. All data held by the EA company including information on any portable devices used by visiting EA’s, such as PDA’s or memory sticks, must be securely encrypted as agreed with SRS.

1.51The EA Companyacknowledge that title to all intellectual property rights created as a result of the supply or use of the information or the performance or use of the Services or the performance of the contract generally, shall vest wholly with Sheffield City Council as data supplier.

1.52The EA Companyunderstands and acknowledges Sheffield City Council is subject to the requirements of the Freedom of Information Act 2000 and agrees to assist and co-operate to enable it to comply fully with its disclosure obligations including supplying requested information within 48 hours of being asked to do so by Sheffield City Council.

Section 2 –Pre Compliance

2.1Before instructing The EA Company for any debt SRS will ensure that,

  • all legal notices required to be served prior to being referred to EAs have been properly issued and that legal timescales have been complied with, and
  • all available information has been checked to confirm that referral to EAs is the appropriate action to be taken to recover the unpaid amount due to Sheffield City Council.

2.2Sheffield City Council will issue instructions to The EA Company regarding debts to be collected on a weekly basis in an agreed format and with clear reference to the debt scheme the cases should be applied to. These instructions will be sent by secure IT interface provided by The EA Company who will load the cases electronically to its case management system within 24 hours of receipt and issue a reconciliation report within 24 hours of the instructions being received.

2.3Instructions issued by Sheffield City Council may include special requirements on some cases and these will be clearly indicated at the time of instruction.