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Policy and Consultations:

2024 Consultations

  • The IRRV responds to consultations that are relevant to the membership and profession across all the Institute’s faculties. Most consultations of interest are issued by the UK national governments on legislative matters, but responses can be made to papers emanating from the private and non-profit sectors and from international bodies. 

    This work is undertaken under the guidance of the Law and Research Portfolio Holder.  Drafting is developed with the input of the  Institute’s Faculty Board members.  Issues being consulted upon can often span the interests of two or more Boards; it is a strength of the Institute’s responses that they reflect that wider professional viewpoint.

  • This consultation seeks views on the approaches government should consider around modernising the welfare system for people with disabilities and health conditions.

    The Department for Work & Pensions want to ensure that they have a welfare system that is fit for the future, a system that supports work for people who can, provides a safety net for people who need it, and that is fair to the taxpayer. This consultation seeks views on whether they should make fundamental changes to how they support disabled people and people with health conditions, and whether their system delivers the right support to people most in need.

    The consultation will focus on the primary extra costs benefit that provides support to adults of working age with the additional costs of having a disability or long-term health condition: Personal Independence Payment (PIP). The views shared during this consultation period will be used to help shape the future of the health and disability benefits system.

    The paper can be found at https://www.gov.uk/government/consultations/modernising-support-for-independent-living-the-health-and-disability-green-paper/modernising-support-for-independent-living-the-health-and-disability-green-paper#how-to-respond.

    This consultation closes at 11:59pm on 22 July 2024.

  • The Chair of the Independent Review of Adult Disability Payment is seeking evidence from a variety of audiences about the first year of delivery. This will be used to help inform recommendations to ensure that Adult Disability Payment meets the needs of disabled people.

    The purpose of this call for evidence is to gather evidence from all interested parties to inform recommendations in relation to the Independent Review of Adult Disability Payment. This call for evidence is primarily intended for organisations, although anyone can respond.

    The call for evidence asks wider questions relating to Adult Disability Payment which will help to inform the Chair's recommendations. It will also provide an opportunity for specific feedback in relation to the areas identified in the Terms of Reference as being specific focus for the review.

    This call for evidence is divided into the following sections:

    1. Factors affecting take-up of Adult Disability Payment

    2. Pre-application support for Adult Disability Payment applications

    3. Processing times for Adult Disability Payment applications

    4. Decisions, re-determinations and appeals

    5. Informing about a change of circumstances

    6. Review periods

    7. Other considerations

    The call for evidence can be found at https://consult.gov.scot/social-security/call-for-evidence-adult-disability-payment-review/

    This call for evidence will be open until 23 August 2024.

  • The Civil Justice Council Enforcement Working Group has launched a Call for Evidence.

    The Call for Evidence will close on 16 September at 11:59pmFind out more about the Call for Evidence.

    Responses should be submitted by PDF or word document to CJCEnforcementCfE@judiciary.uk.  Please use the word document template for your response and name your submission as follows: ‘name/organisation – CJC Enforcement CfE’.

    As part of the process, the Working Group will be holding three webinars via MS Teams. The format of each webinar will be the same.

    The CJC’s statutory functions include (a) keeping the civil justice system under review, and (b) considering how to make the civil justice system more accessible, fair, and efficient. The working group will seek to understand policy landscape for enforcement and identify and recommend to CJC areas of further inquiry if necessary.

    The full list of Call for Evidence questions is below (Annex A to the Call for Evidence paper provides a list of enforcement of domestic judgments for reference (including orders for sale in charging orders); this work is not considering possession orders).

    Your experience and awareness of enforcement

    1. Which enforcement methods do you have experience of, if any?
    2. Are there any barriers you have experienced in seeking to enforce or satisfy a judgment and, if so, what were they?
    3. Which of the attached enforcement mechanisms do you find to be most effective in obtaining a resolution, and why?
    4. Which of the attached enforcement mechanisms do you find to be least effective in obtaining a resolution, and why?
    5. Do you consider any of the attached enforcement mechanisms should be promoted as being more effective than others?
    6. Are there any enforcement mechanisms that you consider should be amended or varied to make them more appropriate for modern litigation from the perspective of either the creditor or the debtor?
    7. Do you consider that there should be further measures attached to any of the current enforcement mechanisms to ensure greater fairness and/or protections fordebtors?
    8. Do you have experience of the court enforcement mechanisms interacting with debt collection standards and practices outside the courtsystem?
    9. Do you consider that the court enforcement mechanisms need to take into account debt collection standards and practices outside the court system and, if so, in what circumstances and in what ways?
    10. If court enforcement is to take into account debt collection outside the court system, what practical steps do you consider should be undertaken?

    Supply of information about potential judgment debtors

    1. What steps, if any, do you consider the court could and should undertake to encourage greater engagement of potential judgment debtors (given the high number of default judgments)? [NB the Civil Justice Council (CJC) is reporting separately on pre-action protocols (PAP) including the debt protocol and the PAP is therefore not addressed in this list ofquestions.]
    2. Should the court require details of a defendant at the commencement of proceedings in order to ascertain whether a defendant could satisfy a potential judgment? (For example, by specific questions being including in the Directions Questionnaire, including details of any debts being enforced outside the court system);
    3. If information about the means of a potential debtor is sought early in proceedings, what information would you consider to be helpful?
    4. What experience, if any, have you had with making use of the provisions of CPR part 71 (orders to obtain information from judgment debtors)?
    5. If you have used the provisions of part 71 to obtain information about a judgment debtor’s means, have you found the process effective?
    6. If not effective, why not, and what changes would you make to the provisions relating to obtaining information from judgment debtors and does there need to be an amendment to part 71?
    7. What would you consider to be an appropriate sanction/appropriate sanctions for a judgment debtor who fails to provide information to questions raised by the court?
    8. If judgment is obtained, should the court provide details of the judgment debtor with the claimant at the time of judgment and, if so, what details should be provided (if any)?
    9. What safeguards should be put in place with respect to any data sharing to ensure that it is reasonable and proportionate and not unfairly detrimental to the debtor?
    10. Should the court have a role, independent of any applications made by any creditor, in obtaining details of the debtor?
    11. Should the court and/or the judgment creditor be given access to information held by HMCTS and the DWP (or other government departments or agencies) to gather financial information on the judgment debtor?
    12. What safeguards should be put in place to protect the individual with respect to financial information held by HMCTS and the DWP (or other government departments or agencies) and their privacy?
    13. Should the court and/or the judgment creditor be given access to information held by third parties, such as banks and credit agencies, to gather financial information on judgment debtors?
    14. What safeguards should be put in place to protect the individual with respect to financial information held by third parties, such as banks and credit agencies, and their privacy?
    15. Would you welcome a change to legislation to allow either (17) or (19) above, which would include safeguards suggested under (18) and (20) above?
    16. What other protections do you consider should be available to the judgment debtor to prohibit all, or some, financial information being available either to the court or to the judgment creditor?

    Support for debtors

    1. Are you aware of any support or information provided to debtors following a judgment?
    2. If so, what is that support or information?
    3. What, if any, (additional) information and support do you consider should be made available to debtors and at what stage?
    4. Are there any particularly vulnerable debtors who you consider need additional support. If so, how are those vulnerable debtors identified and what support do you consider is required?
    5. What do you consider the most efficient and effective ways of disseminating information to debtors?

    i) through court documentation at the commencement of the action;

    ii) through court documentation at time of judgment;

    iii) through bailiffs or enforcement officers;

    iv) all the above?

    v) any further means of communication?

    1. If the defendant engages with the court process, should the court be proactive in providing a telephone advice service, or other access to free advice through third parties, in order to potentially facilitate early resolution?

    Any proposed improvements

    1. Do you consider there should be any changes to the system of enforcing judgments, or should the status quo be maintained?
    2. If you consider there should be changes, what changes do you feel should be made to make enforcement more accessible, fair and efficient?
    3. Whether you consider there should be changes or not, what, if any, additional safeguards and advice should be given to debtors?
    4. Whether you consider there should be changes or not, what, if any, additional information should be given to creditors about methods of enforcement?
    5. As the majority of debt judgments are judgments in default, what further steps do you consider could and/or should be taken to encourage defaulters (potential judgment debtors) to engage in the court process at an early, or any,stage?
    6. Are there any other areas of enforcement that you feel could be improved and in what way and by which method(s)?

    General

    1. Please set out any additional comments you would like to make about the current system of enforcing money judgments in court. These comments can expand upon the questions raised above or raise new issues.
    2. Please set out any current difficulties that you identify with the system of enforcement and outline any potential improvements you consider appropriate for either the creditor or the debtor  

     

  • Section 58 of, and Schedule 7 to, the Local Government and Elections (Wales) Act 2021 (“the Act”) amends the Local Government Act 2000 to require principal councils with executive arrangements to make provision enabling 2 or more councillors to share office on that executive, including the office of leader of the executive.

    The Welsh Government are proposing to introduce regulations to also allow job-sharing of certain non-executive roles within principal councils and want your views on these proposals.

    The consultation can be found at https://www.gov.wales/extension-job-share-provisions-elected-members-principal-councils-non-executive-roles

    Closing date for responses is 4 October 2024.