See notes
I request copies of the following information relating to your council’s use of private enforcement agents (HCEOs) over the past five years:
1. Contracts & Frameworks
o All contracts, framework agreements or service-level agreements under which your council engages High Court Enforcement Officers (or equivalent bailiff services), including firm names, contract dates, and any extensions or renewals.
Under the Civil Parking Enforcement contract with Marston Holdings Ltd. From October 2017 until October 2026; a 5-year contract with 2 + 2 years extensions which have been approved. The Council publishes a contract register accessible on our website. Also see attached file - SLA Bailiff services.
Other areas of the Council do not utilise HCEOs. Not to say that we never would, and would be situational, but currently we only use Enforcement Agents (there is a difference between them).
2. Complaints & Audit Data
o Any internal audit reports, complaints registers or data analyses concerning HCEO conduct, including numbers of complaints received, outcomes, and any remedial actions taken.
Any audit related data that can be published would be on our website (see link in question 5) so exempt under Section 21. Section 33 exemption will apply prejudice to Audit Functions where there is data that cannot be disclosed relating to audits. Section 40 personal information and Section 41 Information provided in confidence will relate to complaints received. We do not have a report which details this information, and would either involve creation of information or exceed 18 hours (section 12) to manually review 5 years worth of data.
3. Risk & Governance Policies
o Copies of any risk-assessment documents, governance policies or due-diligence assessments (including insurance reviews) your council uses to monitor or vet enforcement firms.
Bailiff service is included in our contract with Marston Holdings who independently vet their agents. This information is not held by the Council.
4. Council–Agent Communications
o All email correspondence, meeting agendas and minutes between this council and any HCEOA member firm concerning enforcement-agent performance, complaints or operational matters.
Under section 12 exemption this would take more than 18 hours to complete this request; estimated time required 50 hours. Section 32 Enforcement warrants are issued by the courts and would therefore be exempt and Section 40 where it relates to personal data. These latter exemptions are absolute and don't require a public interest test.
5. Scrutiny Committee Records
o Agenda papers, briefing notes and minutes from Overview & Scrutiny Committee or Audit Committee meetings where private-enforcement arrangements or HCEO performance were discussed.
Overview and Scrutiny reports are available on the Council’s web site so we are applying Section 21: Accessible to the applicant by other means. https://wokingham.moderngov.co.uk/mgCommitteeDetails.aspx?ID=142
6. Performance Metrics & Payments
o Quarterly or annual KPI reports, scorecards or payment schedules tracking enforcement-agent performance (e.g. levies collected, revenue share, performance deductions or bonuses).
See attached file. Collections and Returns data.
7. Training & Vetting Requirements
o Details of any training, accreditation or vetting standards imposed on contracted HCEOs (for example, ECHR/vulnerability training), and dates of last review or update.
We do not hold this information.
8. Regulatory & MP Correspondence
o Any letters or emails between your council and Members of Parliament, governmental departments (e.g. MoJ, ICO, HSE) or regulatory bodies (e.g. HCEOA, SRA) regarding private enforcement arrangements.
Under section 12 exemption this would take more than 18 hours to complete this request; estimated time required 50 hours. Section 34 may be applicable depending on the communication with Parliament (if any held). Section 32 Enforcement warrants are issued by the courts and would therefore be exempt and Section 40 where it relates to personal data. These latter exemptions are absolute and don't require a public interest test. Section 41 may also be applicable as Information would likely be provided in confidence.