Why using an Authorised HCEO protects your business
When carrying out an eviction of protesters and activists, we advise clients to obtain a possession order and enforce under a writ of possession, rather than under Common Law.
Why enforce under a writ of possession?
A writ of possession gives you greater protection against any claims, as well as ensuring the eviction is completed.
This is because the writ of possession is an absolute remedy, giving the power to evict and gain vacant possession of the site. Resisting or intentionally obstructing an Authorised High Court Enforcement Officer (HCEO) is a criminal offence under the Criminal Law Act 1977, punishable by up to six months’ imprisonment and or a level 5 fine.
Notice of enforcement is also not required with a writ where defendants are trespassers.
Under a writ, the HCEO has powers of arrest and can formally request Police attendance to ensure the writ is enforced in compliance with the Courts Act 2003.
Under a writ of possession, if the trespassers return after an eviction, the HCEO can remove them again under a writ of restitution (a writ in support of another writ) from the court.
The eviction is led by an Authorised HCEO.
Why is using an Authorised HCEO important?
An HCEO is authorised by the Lord Chanceller only after undergoing a rigorous training period, typically this takes around seven years. They understand the law surrounding enforcement to a very high degree and the majority have many years’ experience in the field which they will bring to bear on your protester eviction.
The HCEO is also personally liable for the enforcement of the writs issued in their name (whatever type of writ that might be). They are not only acting on behalf of their client, but also on behalf of the court.
They are also required to hold the relevant insurance policies. Our insurance covers the removal of protesters, which is very different to the lower level of cover for rescue. Protesters are often actively resisting removal, so the rescue level of cover that some companies have in place is, in our opinion, inadequate and may put the instructing client at risk of a claim.
Comprehensive training
The pathway to becoming an HCEO involves undertaking level 3 and level 4 qualifications in Taking Control of Goods (a certificated enforcement agent requires level 2). Once the level 4 Diploma, run by the Chartered Institute of Credit Management, has been passed the candidate is then required to undertake a two year practical training period, supervised by an experienced Authorised HCEO.
They then apply to the Ministry of Justice to be appointed as an Authorised HCEO.
Personal liability
The HCEO is responsible for the conduct of all staff, not just enforcement agents (EA), involved enforcing writs addressed to the HCEO. This is an ongoing and hands-on responsibility and the HCEO will regularly review and audit their work, as well as training and briefing their team.
HCEOs work to the standards of conduct set out by the Ministry of Justice and their professional association, the High Court Enforcement Officers Association (HCEOA). An HCEO found to be breaching the national standards can have their authorisation removed by the Lord Chanceller (High Court Enforcement Officers Act 2004).
Expertise and experience of our eviction specialist HCEOs
The National Eviction Team is part of High Court Enforcement Group, which has more authorised HCEOs than any other company and counts many HCEOs within the team who each have decades of experience in managing large and high profile protester evictions across the UK, including several airports, bypasses and, most recently, HS2.
Find out more
You can see our clients and case studies here.
If you would like to learn more about how we can, please get in touch.
