Michael Burton v Ministry of Justice
[2024] EWCA Civ 681
Re Darren Burley
3 July 2024
[2024] EWCC 3
County Court
An enforcement agent was accused of being violent and unprofessional during a debt collection visit. The judge watched videos of the event and found the agent guilty of assault. Because the agent didn't show up to court, his certificate to be an agent was revoked for at least a year, and he had to pay some money to the person he hurt.
Key Facts
- •Complaint against certificated enforcement agent Darren Burley under Regulation 9 of the Certification of Enforcement Agents Regulations 2014.
- •Burley visited complainant Richardson's home on February 1, 2024.
- •Allegations include Burley failing to knock, using foul language, and assaulting Richardson.
- •CCTV and body-worn camera footage were presented as evidence.
- •Burley did not attend the hearing.
- •Burley's certificate had expired.
Legal Principles
Fitness and propriety of a certificated enforcement agent.
Regulation 9(8) of the Certification of Enforcement Agents Regulations 2014
Standard and burden of proof in fitness complaints.
Certification of Enforcement Agents Regulations 2014; comparison with Distress for Rent Rules 1988; Stephens & another v Cannon & another [2005] C.P. Rep. 31
Jurisdiction over complaints against certificated persons whose certificates have expired.
Regulation 2 and 9 of the Certification of Enforcement Agents Regulations 2014; Binding v Patterson [2019] EWHC 2665 (QB)
Requirement for certificated person's attendance at a hearing.
Regulation 9(7)(a) of the Certification of Enforcement Agents Regulations 2014
Requirements for identification by enforcement agents.
Paragraph 26 of Schedule 12 to the Certification of Enforcement Agents Regulations 2014
Compensation for failure in due performance of duties and complainant's costs.
Regulation 11 of the Certification of Enforcement Agents Regulations 2014
Outcomes
Burley's application for recertification dismissed; no further application allowed before January 1, 2025.
Burley's violent assault on Richardson, failure to attend hearing, and false statements.
£240 deducted from Burley's security to compensate Richardson for lost earnings and travel expenses.
Regulation 11(1)(a); Richardson's evidence of lost earnings and travel expenses.
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