Bailiff services

Tender description

The Ministry of Justice (MoJ) as the contracting authority intends to run a procurement exercise for the delivery of HM Courts & Tribunals Service (HMCTS) Approved Enforcement Agency services through regional concession contracts. This notice launches the competitions for the provision of these services. These services are categorised as ‘social and other specific services’ in accordance with Schedule 3 of the Concession Contracts Regulation 2016 (The Regulations), and are therefore in scope of regulation 18 of the Regulations. HMCTS is as an executive agency of the Ministry of Justice (MoJ). It brought together Her Majesty's Courts Service and the Tribunals Service into one integrated agency providing support for the administration of justice in courts and tribunals. HMCTS is an agency of the MoJ, and any contracts awarded will be with the Lord Chancellor acting through HMCTS. An Approved Enforcement Agent is a commercial company contracted for the purpose of executing warrants issued by Magistrates' Courts. At present, both Enforcement Officers employed by Approved Enforcement Agents and Civilian Enforcement Officers employed by HMCTS can execute warrants on behalf of the court in England and Wales. The procurement will secure contracts and services which reflect the full requirements of the Tribunals Courts and Enforcement Act 2007 and other legislation. The services will support HMCTS' compliance and enforcement operations that ensures financial penalties, as well as a number of other non-custodial penalties are collected and enforced. It will support provision of consistent and efficient enforcement processes across all areas in England and Wales. As part of this procurement exercise, MoJ would also like to explore the potential transfer of service of all warrants currently executed by Civilian Enforcement Officers. Civilian Enforcement Officers are authorised to execute warrants of arrest, commitment and detention issued by a magistrate covering fines and community penalty breaches. The jurisdiction of Civilian Enforcement Officers is restricted to England and Wales. Currently, HMCTS employs approximately 190 Civilian Enforcement Officers who are civil servants. If MoJ decides to transfer this service, it is likely HMCTS's current Civilian Enforcement staff will transfer to the provider under the relevant provisions which may include TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006. It is envisaged that concession contracts for up to 5 years will be awarded with possible extension options, and that the services will be divided into a number of lots to reflect HMCTS' regional structure in England and Wales. There are currently seven HMCTS regions — London, the South East, the South West, the Midlands, the North East, North West and Wales. Some indicative volumes of Warrants of Control and other warrant types are given in the table beneath. All volumes should be considered as indicative only. For each region there are three numbers reflecting: 1. Fines Arrests Warrants; 2. Breach Arrest Warrants; and 3. Warrants of Control, over the period 2015/16: London; 21542; 3708; 126228 Midlands; 35015; 1638; 81660 NE; 40083; 2590; 70107 NW; 34428; 3921; 73423 SE; 49646; 1871; 142993 SW; 12406; 1760; 49500 Wales; 14302; 1248; 26176 Totals; 207422; 16736; 570087. In the period 2015/16, there were 21542 Fine Arrest Warrants, 3708 Breach Arrest Warrants and 126228 Warrants of Control issued in this region. In the period 2015/16, there were 35015 Fine Arrest Warrants, 1638 Breach Arrest Warrants and 81660 Warrants of Control issued in this region. In the period 2015/16, there were 40083 Fine Arrest Warrants, 2590 Breach Arrest Warrants and 70107 Warrants of Control issued in this region. In the period 2015/16, there were 34428 Fine Arrest Warrants, 3921 Breach Arrest Warrants and 73423 Warrants of Control issued in this region. In the period 2015/16, there were 49646 Fine Arrest Warrants, 1871 Breach Arrest Warrants and 142993 Warrants of Control issued in this region. In the period 2015/16, there were 12406 Fine Arrest Warrants, 1760 Breach Arrest Warrants and 49500 Warrants of Control issued in this region. In the period 2015/16, there were 14302 Fine Arrest Warrants, 1248 Breach Arrest Warrants and 26176 Warrants of Control issued in this region.